7 CFR § 273.15(q)(1)-(3)


Decisions by the hearing officer comply with Federal law and regulations and become part of the hearing record.  The hearing officer reviews the hearing record and bases the decision strictly on the regulations, testimony, and evidence from the hearing.


OLCRAH sends the EDG/authorized representative and the agency a notice of the decision.  The notice provides the following:

  • Summary of the facts of the case.
  • The reason for the decision.
  • Identification of the supporting evidence.
  • The applicable Federal regulations.
  • How the EDG’s benefits will be affected by the decision.
  • The right to request reconsideration of the hearing decision within 15 days of the decision notice date.
  • The right to pursue an appeal in a court of law within 45 days of the decision notice date.
  • A statement the appeal may result in a reversed decision.


Review the decision and complete any required actions based on whether the EDG or Agency are upheld.

Decision Upholds the EDG

7 CFR § 273.15(c)(1) and (s)(1)


Update benefits within the compliance due date as set by the hearing officer when the decision increases the EDG’s benefits.  Restore benefits for any months where benefits were underpaid, including if the EDG waived continued benefits.  

Decision Upholds the Agency

7 CFR § 273.15(c)(1) and (s)(2)


Update benefits to decrease or end by the next scheduled issuance that follows receipt of the hearing decision.  Notify the EDG/authorized representative of:

  • the action that will be taken based on the hearing decision, and
  • the effective date. 


Establish an IHE claim when:

  • the EDG received continued benefits,
  • the hearing decision upheld the agency’s actions, and
  • benefits were overpaid.

Reconsiderations 

7 CFR § 273.15(q)(3)-(4) and CT Process


The EDG/representative may request a reconsideration of the hearing decision for the following reasons:

  • an error was made in the interpretation or application of the law or facts of the case;
  • new evidence was discovered which affects the case and good cause is found for not presenting the evidence at the hearing; or
  • other good cause is found.


The EDG/representative must request reconsideration within 15 days of the date of the hearing decision.  Within 25 days OLCRAH determines whether to grant a reconsideration.


Additionally, OLCRAH may decide within 40 days to reconsider a hearing decision without a request from the EDG/representative.


Based on the reconsideration decision:

  • the hearing process begins again if reconsideration is granted, or
  • no further action is required if the reconsideration is denied.