Hearing Decision Implementation - Reversed Decision
When a hearing decision reverses FAA's original determination, and the benefits were continued pending the hearing, the following apply:
●Document the case file with the results of the decision.
●Send all appropriate notices to inform the appellant of the decision and its effect on eligibility and benefit levels.
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When the participant receives a notice of discontinuance and submits a request for an appeal hearing before the effective date of closure, they are eligible for continued benefits.
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When the Administrative Law Judge remands the issue back to the FAA office for a new determination, the participant has the option to submit a request for an appeal hearing on the new decision. When the participant files a FH on the new decision, the participant is entitled to request continued benefits under the new timeframe.
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Complete the following when benefits were not continued:
●When the case was closed, reopen the case on REPT and complete the eligibility determination when benefits were stopped.
●When benefits were reduced, increase the benefits based on the hearing decision.
NOTE Increase the benefits even when the FAA office plans to submit a
Petition to Review with the
Appeals Board.
●Determine and authorize all appropriate supplemental benefits.
●Send all appropriate notices to inform the PI of the decision and its effect on eligibility and benefit levels.
When the hearing decision applies to an EBT account adjustment, send a copy of the hearing decision via email to
FAA EBT Support within two workdays.