7 CFR § 273.12(e)(6)(i)-(iii) & 7 CFR § 273.15(k)(1)

Continue benefits at the amount the EDG received immediately before the adverse action if the EDG: 

• requested a fair hearing within 10 days of the Notice of Action, and 
• if their benefit period has not ended.  

Provide continued benefits unless the EDG indicates they waive their right to continued benefits.  

Exception: Continued benefits are only allowed for disputed Federal rule/regulation changes or mass changes when the EDG believes their benefits were:

• computed incorrectly, or
• the rules/regulations were misapplied/misinterpreted.

Establish an IHE claim if continued benefits were issued when the EDG or representative withdraws the hearing request before the hearing. 

Benefit Changes While the Decision is Pending 

7 CFR § 273.15(k)(2)(i)-(v)

Do not reduce or end continued benefits prior to receipt of the hearing decision, except for one of the following reasons:

• The benefit period ends. The EDG may reapply or renew and be determined eligible for a new benefit period and new benefit amount.
• A preliminary decision is made in writing at the hearing by the hearing officer when the only issue is on a Federal rule and the agency acted on the rule correctly. 
• A change caused an adverse action to the EDG’s eligibility or benefit amount while the hearing decision is pending, and the EDG or their representative did not request a hearing for this change action.
• A mass change occurs that affects the EDG’s eligibility or benefit amount.

Notify the EDG following normal change processing policy if benefits are reduced or ended when any of the last 3 reasons occurs while the hearing decision is pending.