To consider a request timely, the person being referred to TOP must request a review in writing within 60 calendar days of the date AFS BIR staff sends the letter.
The basis of the review is the person's assertion that the claim is not past due or legally enforceable. A claim is not past due and legally enforceable when the person provides proof of one of the following:
- The claim is paid in full
- The person cited for the offset is not the person who owes the claim
- Proof that substantiates bankruptcy action
- The household's benefit allotment is currently being reduced to repay the debt
AFS BIR staff conducts the requested review and sends the person written notification of the decision within 30 calendar days of the request. The notice informs the person requesting the review:
- If the debt is past due and legally enforceable
- If the overpayment is (or is not) being referred to TOP
- Of their right to appeal the decision by requesting another review from the Food and Nutrition Services (FNS) Regional Office within 30 calendar days of the date on the decision letter
Note – the notice includes the FNS office's address and the contact person's name.
If the debt is found to be past due and legally enforceable, the person may avoid referral to TOP by paying the overpayment claim in full or setting up an acceptable repayment agreement with AFS BIR staff.