Legal Aspects – Table of Contents

0130.020.90.35 Continuance – New Information Presented by the EU

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.