141.01 Fair Hearing Requests and the ANP SR 94-04, 04/94 (FSM-A)

If an individual requests a fair hearing within the ANP, continue assistance at the pre-change level pending the fair hearing decision. If an individual requests a fair hearing after the ANP expires or if there is no ANP, the termination or decrease takes effect on schedule. The individual may choose to continue receiving benefits at the pre-change level pending the outcome of a fair hearing.

If the individual establishes good cause for failing to request a fair hearing within the ANP, reinstate benefits at the pre-change level pending the fair hearing decision.

When benefits are reduced or terminated due to a mass change, reinstate benefits at the pre-change level only if the issue being contested is that eligibility or benefits were improperly computed, or that a federal law or regulation was misapplied or misinterpreted.

When benefits are continued or reinstated pending a fair hearing decision, reduce or terminate those benefits only if one of the following circumstances occurs:

. The certification period expires. The individual may reapply and be determined eligible for a new certification period, with a new benefit amount, pending the hearing officer's decision on the contested action.

. A change which affects the individual's eligibility or benefit amount occurs while the hearing decision is pending, and the individual does not request a fair hearing during the new ANP.

. A mass change which affects the individual's eligibility or benefit amount occurs while the hearing decision is pending.

. The hearing officer makes a preliminary written determination at the hearing that the sole issue is of federal law or regulation and that the individual's claim is valid.