Results of the Fair Hearing 400-19-125-30
(Revised 6/1/10 ML #3218)
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If the individual wins the appeal, a financial penalty is not applied to the case. If the appeal was a result of imposing a JOBS Sanction, the Sanction Status is updated to ‘Removed’, which allows the action to be tracked while rendering the sanction ineffective.
In the event that an individual loses the appeal, any amount paid to the recipient pending the fair hearing decision shall be considered an overpayment, subject to recovery. The amount of such overpayment is the amount of additional benefits paid to the household while awaiting the decision of the fair hearing authority.
In the event that an individual loses the appeal, supportive services paid during the appeal process are not to be considered an overpayment and are not to be subject to recoupment.