Hearings Manual

0130.020.70.05 FSD Reviews the Case when the Hearing Request is Received

At the time of a fair hearing request, the staff person receiving the hearing request:

  • Reviews the case and determines if the contested action was caused by:
    • A misunderstanding,
    • An incomplete eligibility determination,
    • A misinterpretation of policy or procedure, or
    • Other error by the FSD.
  • Confers with the supervisor or manager, who may contact the appropriate Program and Policy unit on the results of the case review when needed. 
  • Immediately rescinds the action and corrects the case, when the FSD decision or action was incorrect. See section 0130.020.70.10 FSD Rescinds the Action.
  • When possible, discusses the case with the EU and when the FSD decision or action was correct, explains the basis for the action to the EU. If the issue is resolved and the EU does not want to pursue their appeal, the EU may withdraw the hearing request. See Section 0130.020.70.15 EU Withdraws Hearing Request.
  • Records the outcome of the case review and any actions taken in the electronic case record.