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State of Wisconsin |
Release 26-02 |
Food units appealing an agency decision by requesting a fair hearing may have the previous level of benefits (the amount before the change) continued during the fair hearing process if certain criteria are met. The member must request to continue benefits before the effective date of the change or termination to have their benefits continued at the previous level while the hearing is pending. When benefits are continued, and the hearing decision goes against the food unit, the difference between the continued benefit amount and the amount the household should have been eligible to receive must be recovered through an overpayment claim.
While the fair hearing is pending, continue issuing the FoodShare assistance group the higher benefit amount as determined by the agency. Once the fair hearing decision is issued, take action to issue additional benefits not already issued or in instances where the appealing food units hearing is dismissed, recover any overpaid benefit.
Food units that choose to file a fair hearing should be reminded that agencies are required to act on all known information. During the FoodShare certification period, newly reported information for another program is treated as a change for FoodShare.
This page last updated in Release Number: 23-01
Release Date: 04/17/2023
Effective Date: 04/17/2023
Notice: The content within this manual is the sole responsibility of the State of Wisconsin's Department of Health Services (DHS). This site will link to sites outside of DHS where appropriate. DHS is in no way responsible for the content of sites outside of DHS.
Publication Number: P-16001