106 CMR 366.540 - Disputed Benefits
A household may request a fair hearing within 90 days of the date it is notified of the Department's decision regarding lost benefits.
(A) When a household does
not agree with the amount to be restored or any other action taken by the
Department to restore lost benefits and requests a fair hearing prior to or
during the time lost benefits are being restored, the household shall receive
the lost benefits in the amount determined by the Department, pending the
results of the fair hearing. If the fair hearing decision is favorable to the
household, the Department shall restore the lost benefits according to that
decision.
(B) If a household
believes it is entitled to restoration of lost benefits, but the Department,
after reviewing the case file, disagrees and informs the household in writing,
the household has 90 days from the date of the determination to request a fair
hearing. If the household requests a fair hearing and the fair hearing decision
is favorable to the household, the Department shall restore the benefits lost
up to 12 months prior to the date the Department was initially informed of the
household's possible entitlement to lost benefits.
Notes
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