Section 366.540 - Disputed BenefitsA 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.Amended by Mass Register Issue 1330, eff. 1/13/2017.