In some cases participants may continue to receive benefits at the same level during the appeal process. Notify them that benefits paid pending an appeal will be an overpayment if they lose their appeal.
If the participant requests an appeal before the effective date of the adverse action or within 10 days after the date of mailing the notice of adverse action, whichever is later, the participant may continue to receive benefits at the same level.
If a notice period ends on a weekend or holiday, consider an appeal the participant makes on the next working day to be timely.
If a change not related to the issue under appeal occurs while benefits are continuing, notify the participant of any adverse action. Take the action unless it is also appealed.
Continue benefits until the Department of Human Services (DHS) issues a hearing decision, or another change occurs which requires an adjustment, whichever occurs first.
Minnesota Statutes 119B.16
Minnesota Rules 3400.0230