Wash. Admin. Code § 388-458-0040 - What happens if I ask for an administrative hearing before the change happens?
(1) If you ask
for an administrative hearing within the 10-day notice period, you may keep
getting the amount of benefits you were getting before the change. This is
called continued benefits.
(2) If
the 10th day falls on a weekend or holiday, you have until the next business
day to ask for an administrative hearing and still be able to get continued
benefits.
(3) If the 10th day
happens before the end of the month, you have until the end of the month to ask
for an administrative hearing and still be able to get continued
benefits.
(4) For food assistance,
you cannot get continued benefits if your certification period is
ending.
(5) For diaper related
payments, you can get continued benefits if you meet the conditions of WAC
388-494-0010(3).
(6) If you get continued benefits, you keep
getting them through the end of the month the administrative hearing decision
is mailed unless:
(a) You:
(i) Tell us in writing that you do not want
continued benefits;
(ii) Withdraw
your administrative hearing request in writing; or
(iii) Do not follow through with the
administrative hearing process.
(b) An administrative law judge (ALJ) tells
us in writing to stop your continued benefits before the hearing.
(c) For food assistance, your certification
period ends.
(7) After
the administrative hearing, you have to pay back continued benefits you get, as
described in chapter 388-410 WAC, if the ALJ agrees with our
decision.
Notes
Statutory Authority: RCW 74.08.090 and 74.04.510. 01-16-087, § 388-458-0040, filed 7/25/01, effective 9/1/01.
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