Continuing Benefits
Continue benefits pending the appeal hearing when the following occur:
●Benefits were decreased
●Benefits were terminated
●The appeal hearing request was received before the effective date of the adverse action or ten calendar days from the date of the notice
When the appellant does not indicate a choice for continuation of benefits with their request for an appeal, the budgetary unit continues to receive the same amount of benefits as before the
notice of adverse action(g).
NOTE The appellant may be required to pay back any benefits for which they are not eligible.
Do not continue benefits in any of the following circumstances:
●The hearing request is for a denial.
●The appellant waives the right to continued benefits.
●The appellant voluntarily withdraws from benefits.
NOTE Participants retain the right to request an appeal when the VW Denial Closure Reason Code is used to stop benefits.
●The hearing request is the result of a mass change, and FAA's fair use of the law is not in question.
●The approval period for NA, TPEP, and TBA has ended.
Determine whether good cause exists when the hearing request is not received by the effective date of adverse action and the appellant is requesting continued benefits.
When the appeal is filed for CA within 30 calendar days of the notice for a sanction, benefits must be continued, even when the participant has not requested them. Complete the following:
●End the sanction on DISA
●Restore CA benefits to 100%
●Send the appropriate notice
The Continuation of Benefits (FH Only) (C836) notice must be sent when benefits pending a hearing were requested and the appellant is not eligible.
When the Administrative Law Judge (ALJ) remands the case back to FAA for a new determination, the participant can file an appeal on the new determination.
When the participant files an appeal on the new determination, the participant is entitled to request continued benefits.