The EU or their representative may present new information at the time of the hearing and this information may remove the basis for the decision being appealed, and/or indicate a change in circumstances that affects the decision being appealed. The FSD witness evaluates the evidence presented, makes a decision regarding the direct effect upon the hearing issue, and may request a continuance.
The Hearing Officer grants the continuance, if appropriate, when the new information will require a re-examination of the case action.
When the verification of the new information is received staff:
- Begins a reinvestigation of the EU’s circumstances;
- Determines the EU’s continued eligibility;
- Discusses with the EU either benefits will continue or the EU is still ineligible;
- Contacts the EU to discuss hearing rights so the EU can either submit a written request for voluntary withdrawal or continue the hearing process; and
- Notifies the hearing officer of the EU’s decision.