A request for a fair hearing does not absolve a participant from overpayment during the hearing process.
Temporary Assistance benefits received during the ten (10) day advance notice of a proposed reduction or closing, or during the hearing process, are included in the total amount to be recovered.
To track the hearing go to the CARS Change Claim Information (OVCC) screen. Enter Y and the date the hearing was requested in the FAIR HEARING REQ field. There is no recoupment of Temporary Assistance benefits pending the hearing decision. The hearing request must be entered to prevent recoupment.
A hearing may be requested on the establishment of the claim or recoupment within 90 days of the date of the Demand Letter for Overissuance (CARS3-IM-80). The same day a hearing is requested by a responsible member of the claim, obtain a copy of the Demand Letter from Mobius, Report #FCLD400201, to submit as evidence at the hearing. Demand letters are not re-produced for claims established prior to November 9, 2009. If the claimant is requesting a hearing because collection has begun on a claim that was established prior to November 9, 2009 you must obtain a copy of the Adverse Action Notice (IM-80) from the case record. The hearing decision is entered into CARS on the CHANGE CLAIM INFORMATION (OVCC) screen. Make the following entries in the DECISION field:
- W (Withdrawn), and the date of the withdrawal – if the hearing request is withdrawn by the claimant or the agency.
- U (Upheld), and the date of the hearing decision – if the agency is upheld.
- R (Reversed), and the date of the hearing decision – if the agency is reversed.
The hearing decision is sent to the claimant and the agency. If the agency is upheld and an overpayment exists, an after-hearings notice of the claim is included in the hearing decision. The EU is given an opportunity to complete the repayment agreement. Thirty days after the hearing decision, recoupment of Temporary Assistance benefits may begin if another repayment method is not chosen and the individual receives Temporary Assistance benefits.
For instructions refer to CARS User Guide ENTERING AND TRACKING FAIR HEARING REQUESTS IN CARS.