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BEFORE THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES OF THE STATE OF MONTANA In the Matter of the Fair Hearing of CLAIMANT)))) FAIR HEARING DECISION Case No. 08-0402 After notice and hearing

USED presented this case for a “fair hearing”; Plaintiff's attorney would like to inform the Court the Department has determined that Plaintiff is responsible for the overpayment of the benefits for which she and her son, R.L. (“Defendant”) are seeking refunds. This decision by the Department is without merit or validity, and Plaintiff is denied those funds. 1) The Department will not be refunding Defendant's student loan amounts owed by Defendant to Defendant. 2) On April 18, 2008, the Department issued a letter to Plaintiff's mother and stated that the overpayment was due to lack of compliance with the Department's guidelines regarding documentation. The Department had determined that Plaintiff was in “fiscal noncompliance” for not filing necessary Documentation Forms and Failure to Complete Child Support Forms submitted on time. It was further determined that Plaintiff failed to properly verify all documents submitted on Department documentation. Further, it was determined Plaintiff failed to provide proof of payments made to Defendant over a period of two years from the date the Department received her original financial statements. Further, it was determined that “defendant was intentionally unable to provide any support for the children in a timely fashion.” It was noted that Plaintiff claimed she was working full time and was caring for her children and other family members while caring for her husband. However, because of a clerical error by Plaintiff's employment attorney, the Department was not informed that Plaintiff had taken a leave of absence on January 15, 2003, to care for her sick baby. In her statement of the facts, Plaintiff stated that after leaving defendant's employment, she received two letters from the Department stating she was considered in “fiscal noncompliance,” but the amount of a scholarship she received was 500 more than her weekly take home pay. She also stated that after leaving defendant's employment and being told by Defendant she could use the scholarship to pay for her child, she took another leave of absence for about a year to care for her sick baby. It is noted that Defendant's attorney wrote to the Department requesting that the overpayment be considered a “case of fraud,” but no investigation was made of the Department's alleged failure to notify Defendant of her case and provide documentation of payment. Finally, the Department determined the scholarship amount to be 250 less than it should have been and a partial refund was ordered.

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