Administrative Hearings - Continued Benefits
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Administrative Hearings - Continued Benefits

Revised April 3, 2012


WAC 388-458-0040What happens if I ask for a fair hearing before the change happens?

WAC 388-458-0040

WAC 388-458-0040

Effective September 1, 2001

WAC 388-458-0040 What happens if I ask for a fair hearing before the change happens?

  1. If you ask for a fair hearing within the ten-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 tenth day falls on a weekend or holiday, you have until the next business day to ask for a fair hearing and still be able to get continued benefits.

  3. If the tenth day happens before the end of the month, you have until the end of the month to ask for a fair 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. If you get continued benefits, you keep getting them through the end of the month the fair hearing decision is mailed unless:

    1. You:

      1. Tell us in writing that you do not want continued benefits;

      2. Withdraw your fair hearing request in writing; or

      3. Do not follow through with the fair hearing process.

    2. An administrative law judge (ALJ) tells us in writing to stop your continued benefits before the hearing.

    3. For food assistance, your certification period ends.

  6. After the fair hearing, you have to pay back continued benefits you get, as described in Chapter 388-410 WAC, if the ALJ agrees with our decision.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

  1. Continued benefits for most clients are governed by WAC 388-458-0040.

  2. Continued benefits are authorized at the level the client was receiving before the action was taken which resulted in the hearing request.

  3. Clients must be notified in writing of their eligibility for continued benefits.

  4. ADATSA shelter clients are eligible for continued benefits to be paid through a protective payee.

  5. ADATSA treatment clients are not eligible for continued benefits.  (See WAC 388-800-0090 (5))



  1. Review each hearing request to determine eligibility for continued benefits.

  2. Notify FSS/Case Manager of decision regarding appellant's eligibility for continued benefits. ACES Letter FHC1 - Fair Hearing Communication is available for this purpose.

  3. Call the Office of Administrative Hearings to schedule an expedited hearing when clients appeal the decision regarding continued assistance.

  4. Monitor pending cases to ensure that clients who are eligible for continued assistance receive benefits without delay.

  5. Notify FSS/Case Manager when continued benefits terminate.

  6. Follow local office procedure regarding overpayments which may result from the payment of continued benefits.


  1. When notified by FHC that the client is eligible for continued benefits.

    1. Reinstate terminated assistance or make changes to the ACES record to cancel a reduction or suspension.

    2. Send notice of eligibility to client which includes the following information:

      1. Benefits have been continued based on the hearing request;

      2. Some or all of the benefits may be considered an overpayment if the department action is affirmed; and

      3. If the client does not wish to receive continued benefits, they must make that request in writing.

  2. When notified by FHC that the client is not eligible for continued benefits send ACES letter D01C for cash or medical or D02C for food stamps. The following information should be included:

    1. Why benefits cannot be authorized, citing the regulation; and

    2. Information regarding Fair Hearing rights.

  3. Continue to process all case actions while the hearing is pending. Notify the FHC of any changes that result in a reduction, suspension or termination of assistance.

Modification Date: April 3, 2012