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Right to Appeal

When the household disagrees with the overpayment decision, they may request a fair hearing within 90 calendar day of the date on the Notification of Food Benefit Overpayment (Form 08OP118E*). 

Upon notification from the DHS Legal Services Appeals Unit or local county staff that the household requested a timely fair hearing**, AFS BIR staff stops all collection efforts (including allotment reduction) pending the hearing decision.

Note – An item mailed by DHS is presumed to be received on the second day mail is delivered, following the date on the notice.

*Form is internal only and is available on the Infonet

**More on fair hearing procedures coming soon!

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