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West Virginia Income Maintenance Manual Chapter 9

West Virginia Income Maintenance Manual Page 13 Chapter 9 Client Notification

The Worker must: • Hold a Pre-Hearing Conference; and • If the issue is not resolved, contact the Hearings Officer to see if all issues can be dealt with in one Hearing; and • Continue benefits at the current level until the subsequent changes are resolved. The Pre-Hearing Conference decision will be final unless the client continues with a Fair Hearing. ▪ Fair Hearing Only Is Requested The Worker must: • Contact the Hearings Officer to see if all issues can be dealt with in one Hearing, and • Continue benefits at the current level until the subsequent changes are dealt with in a Hearing. If the Department is upheld in the Hearing, the previously proposed action is taken without further notice to the client, and benefits in excess of the amount of entitlement, which were received after the month in which the DFA-NL-C was received, are subject to repayment requirements. For this reason, the client may return such benefits, or request that his benefits be stopped or reduced, while awaiting the outcome of the Pre-Hearing Conference or Fair Hearing. When the client makes such a request, the Worker takes the adverse action and sends the client a DFA-NL-B, confirming his request. ➢ Requested after Advance Notice Period, But within 90 Days of the Effective Date of the Action Benefits are not reinstated or restored pending the Fair Hearing or Pre-Hearing Conference decision after expiration of the 13-day advance notice period. SNAP ONLY EXCEPTION: If the client did not complete a redetermination, benefits are not reinstated or continued. Benefits will be continued or reinstated only after the client completes a redetermination. If the SNAP certification period ends prior to the decision of the Hearings Officer, or prior to the Pre-Hearing Conference decision, the client is not entitled to benefits at the previous level or continued benefits.