Incident Management Bureau. To transform lives. \ \x7 o .'X*- r, \ .^. Following the adoption, the Department should have included the adoptive parent subsidy in Appellant's income, which would have made her ineligible for benefits. See Nat'l Adver. See 8.139.400.10(D) NMAC (5/15/2001); 8.139.520.8(E)(3) NMAC (5/15/2001). Whether the agency compromises a claim is discretionary, and once a claim has been reduced through a compromise, the state agency may reinstate any compromised portion of a claim if the claim becomes delinquent. 7 C.F.R. Click the link below to report fraud and abuse in HSD Public Assistance Programs However, policy requires the department to establish the claim. Online Services; Departments & Agencies . Padilla was also ordered to pay $181,398.76 in restitution to the U.S. Department of Agriculture. New Mexico Aging and Long Term Services Department. State of New Mexico Information for. On May 6, 2015, Moya was sentenced to six months in prison, or time served, followed by three years of supervised release. Unless the recipient requests a fair hearing, [t]he claim will be considered established for tracking purposes as of the date of the initial demand letter or written notification. Id. The federal government pays for the benefits, while state agencies, like the Department, administer the program and pay the costs of distributing the benefits. ISD.ConstituentServ@state.nm.us. Select the topic you are interested in and explore the resources contained within. 31,300. . The process for applying for food stamps does not require any such particularized knowledge. 1032, 816 N.E.2d 108, 111 (2004) (Generally, the doctrine of estoppel is not applied against the government in the exercise of its public duties, or against the enforcement of a statute. (internal quotation marks and citations omitted)); Senior Citizens Coalition of Ne. 7 C.F.R. HR Staff Directory Contact us. Quintana acknowledged that his criminal conduct caused a monetary loss to the U.S. Department of Agriculture of $9,384.00. It alleged that Padilla used names and personal identifiers he obtained from his co-defendants to establish fraudulent SNAP accounts, sometimes in exchange for cash or other things of value. The only issue at the fair hearing is whether a claim exists: (ii)If the hearing official determines that a claim does, in fact, exist against the household, the household must be re-notified of the claim. In a yearlong period from August 2021 to July 2022, 821 children ages 0 to 19 died from covid-19 at a rate of 1 per 100,000. Adhering to Model Accounting Practices, internal policies, and procedures accurately, timely, and efficiently to promote acceptable business practices and cultivate positive business relationships between HSD, its vendors, and customers. Therefore, for the above stated reasons, we conclude that the doctrine of equitable estoppel bars the Department's claim against Appellant. 1100 St. Francis Drive. The technical storage or access that is used exclusively for anonymous statistical purposes. Inspector General. {22} There are six basic elements of equitable estoppel that we use to determine whether the doctrine will bar claims of a state agency. Bureau Chief Amanda Maez(505) 660-6227. The Compliance and Admin Bureau is responsible for overseeing and facilitating the departments annual single and fiscal audit conducted by external auditors. The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. Intergovernmental Human Services Bureau Chie MT Department of Public Health and Human Services PO Box 202956, Helena, MT 59624 TEL: (406) 447-4265 FAX: N/A . In-Person Event Celebrating Black History Month. Civil Complaint in Forcible Entry or Unlawful Detainer. Working with our partners, we design and deliver innovative, high quality health and human services that improve the security and promote independence for New Mexicans in their communities. A ,.^ : ^*> s amertcan CommontDealti^si LOUISIANA JISIANA ro ACCOMPANY vERT PHELPS MERICAN . The Administrative Services Division (ASD) provides the Department with support services, financial control and reporting activities for more than $7.8 billion. Additionally, Padilla, aided and abetted by his co-defendants, fraudulently established SNAP accounts that were used to fraudulently obtain an aggregate of $12,705.00 in SNAP benefits. Box 2348Santa Fe, New Mexico 87504-2348. The Office of the Attorney General recognizes the importance of victims rights and is committed to working proactively to ensure that those rights are upheld throughout the criminal legal process. Dep't, Income Support Div., 107 N.M. 628, 629, 762 P.2d 915, 916 (Ct.App.1988) (However, equitable estoppel will be applied against the state where right and justice demand it.). The Department operates with the expectation that an individual will rely on the Department's determination of eligibility where, as here, the individual has provided all the requisite information truthfully. {9} We address this issue with a review of the procedures for establishing an overpayment claim. {10} Prior to seeking to establish a claim, a state agency must first determine whether pursuing a claim is cost effective, and [a] State agency may opt not to establish and subsequently collect an overpayment that is not cost effective. 7 C.F.R. However, non-filers still have the option to file a 2021 New Mexico Personal Income Tax return. Id. Whether the Court of Appeals erred by holding that a determination on Appellant's equitable estoppel defense is premature. The Las Cruces Police Department Victim Assistance Program was established in September 1993 under the Victims' of Crime Act ( VOCA) Grant. One unique factor in this case is the length of delay between the initial occurrence and the discovery of the Department's error. The purpose of this broad delegation of authority is to ensure efficient and effective claims referral management while maximizing State agency flexibility. 65 Fed.Reg. 955 P.2d at 1069. The indictment alleged that between Sept. 2009 to May 2010, Padilla, conspired with Wilfredo . The Human Rights Bureau is a neutral agency created to enforce the New Mexico Human Rights Act. Our Unit conducts extensive research to ensure payments are posted in accordance with federal guidelines to ensure child support payments are posted to their respective cases accurately and on time. Once an applicant is deemed eligible for SNAP benefits by a Family Assistance Analyst, the Analyst establishes a SNAP account in the applicants name and electronic benefit transfers (EBT), which are determined based on income, resources and household size, are deposited into the account on a monthly basis. {11} After determining whether a potential claim is cost effective, the agency must then provide the recipient with written notification of the potential claim and the recipient's opportunity to request a fair hearing. The Department's regulations state, [i]f the full or remaining amount of a claim cannot be liquidated in three years, the restitution bureau may compromise the claim by reducing it to an amount that will allow the household to make restitution within three years. 8.139.640.10(D)(1) NMAC. 214-290-9800. Appellant would then be unable to challenge the establishment of the claim, having never received full consideration of her defense of equitable estoppel. The Department seeks to establish a claim for the repayment of $4,476 in food stamp benefits. Curious Myths of the Middle Ages Sabine Baring-Gould. Fax (505) 346-7296. The Human Services Department provides services and benefits to1,077,502 New Mexicans through several programs including Medicaid, Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Child Support, and several Behavioral Health Services. Quintana obtained $486.00 in SNAP benefits through his illegal conduct. This case was investigated by the Office of Inspector General for the U.S. Department of Agriculture and the Office of Inspector General for New Mexico Human Services, and is being prosecuted by Assistant U.S. Conditions of Employment. 12. Post Office Box 607. {19} The Secretary of the United States Department of Agriculture (USDA) has delegated to state agencies the authority to determine the amount of, and settle, adjust, compromise or deny all or part of any claim which results from fraudulent or nonfraudulent overissuances to participating households. 7 C.F.R. To accomplish this, we need to afford State agencies a certain degree of flexibility while maintaining enough control to ensure effective claims management. Stay up to date on vaccine information. Bd., 115 N.M. 650, 658-59, 857 P.2d 761, 769-70 (1993). New Mexico State Government Restitutions Bureau, New Mexico State Government Alcohol & Gaming Division, New Mexico State Government Corrections Department, New Mexico State Government Children Youth & Families Department, New Mexico State Government Division of Health Improvement. The indictment charged Padilla with abusing his position as a Family Assistance Analyst by conspiring with his co-defendants to defraud the United States through the unauthorized use of SNAP benefits. Bureau Chief New Mexico Department of Health Jun 2005 - Nov 2006 1 year 6 months. {12} If the fair hearing establishes the claim, then the state agency may consider whether to compromise the claim. 1:00 pm EST. New Mexico Human Services Department/Income Support Division P.O. Southwest Regional Office (SWRO) 1100 Commerce St. Room 522. OHR is engaged and committed to providing services to enhance employment for the over 1900 employees of the Human Services Department. Victim Services is part of the Advocacy and Intervention Division. State Purchasing Division. 2. at 1064. For general questions regarding Medical Assistance and the Medical Assistance Division, call or email: The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. Civil Complaint by Resident for Return of Deposit. Id. Native American Technical Advisory Committee. Moya admitted unlawfully receiving $866.00 in SNAP benefits. ) or https:// means youve safely connected to the .gov website. The essential elements that apply to the party raising equitable estoppel as a defense are (1) [l]ack of knowledge and of the means of knowledge of the truth as to the facts in question; (2) reliance upon the conduct of the party estopped; and (3) action based thereon of such a character as to change his position prejudicially. Westerman, 55 N.M. at 555-56, 237 P.2d at 359 (internal quotation marks and citation omitted); see Gallegos, 2002-NMSC-012, 24 n. 5, 132 N.M. 207, 46 P.3d 668; Mayfield Smithson Enters. Despite this reluctance, however, estoppel against the State is a well-grounded doctrine in New Mexico. Am. Fax (505) 346-7296. 104-193, 110 Stat. This is a rare case in which the recipient had no reasonably discernable indication that she was receiving an overissuance of food stamp benefits. New Mexico Legislature. Moya admitted that in early Dec. 2009, Padilla provided him with an application to obtain food stamps. Your may may permit or deny cookies on our Cookie Policy page. US Senate. Box 2348 Santa Fe, New Mexico 87504-2348. There is no dispute that the claim is a result of department error. To transform lives. {6} In a split decision, the Court of Appeals remanded this case to the administrative hearing judge. 273.18(e)(7)(i). On May 18, 2015, Quintana pled guilty to one count of the Indictment, and admitted meeting Padilla through Moya, and knowing that Padilla had the ability to register people to receive food stamps. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. at 41,765 (emphasis added). Programs. outofstate.inquiry@state.nm.us, Inspector General On May 19, 2015, Lopez entered a guilty plea to Count 32 of the indictment and admitted completing fraudulent applications for SNAP benefits in his name, another for himself in a pseudonym, and in the names of two other individuals. The majority held that Appellant has an adequate remedy at law, because the Department may choose to compromise the overpayment claim. The DHS is a cabinet level agency in the executive branch of government responsible maintaining social services for Arkansas by providing assistance to families . Federal statutes and regulations define the extent of a state agency's authority to administer the program and outline the procedure for pursuing overpayment claims. Demand for Record of Proceedings. . v. Com-Quip, Inc., 120 N.M. 9, 12, 896 P.2d 1156, 1159 (1995). {27} Having established the basic elements of estoppel, we must determine whether the Department engaged in a shocking degree of aggravated and overreaching conduct, or whether right and justice demand the application of the doctrine in this case. Business Planning, Initiation, and Licensing Information for Business Owners in the State of New Mexico. Id. {28} The Department relies primarily on Turner, in which the Hawaii Court of Appeals declined to apply the doctrine of equitable estoppel to an overpayment claim. The reason for this is two-fold. 7 U.S.C. Due to this error, Appellant unwittingly received food stamp benefits to which she was not entitled. Snaps from inside the Center for the Confinement of Terrorism built by El Salvadoran officials hellbent on . Attorneys General & Land Grant-Merced and Acequia Historical Gallery and Repository, Land Grant-Merced and Acequia Historical Gallery & Repository, Opinion Request Preliminary Approvals Under the Water Use Leasing Act, 1.24.25 NMAC Default Procedural Rule for Rulemaking, Attorney General Advisory on Janus Decision, Study Law Enforcement Body Camera Issues Stakeholders Summary Report, Jerry Jay Sentenced to 33 Years in Prison for the Murder of, New Mexico Attorney General Ral Torrez and Senator Antonio Maestas Present the Tyler Lackey Memorial Bill. Attorneys Sean J. Sullivan and Cynthia Weisman. General Services Department. The General Services Bureau (GSB) supports the Department by creating, procuring, managing, and delivering tax, driver, and vehicle forms and license plates for tax and motor vehicle offices statewide. Therefore, we do not believe that this change is necessary. 39, No. Today, in Mexico, we see a great debate on electoral reforms on the independence of electoral and judicial institutions that illustrates Mexico's vibrant democracy. Nebraska. The USDA discussed specifically this authority in the rules regarding overpayment claims collection. The Restitution Services Bureau is responsible for managing the collection of claims by providing customer service to our clients of NM in a timely and effective manner, in accordance with federal and state regulations, policies and procedures. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Civil Complaint Debt Collection. However, the combination of circumstances and the unique facts of this case make the application of the doctrine appropriate in this case for the satisfaction of right and justice.. {31} Appellant did not know and had no reason to know that she was ineligible for food stamp assistance. Pres. Informacin detallada del sitio web y la empresa: west7thwool.com, +18177315044 West 7th Wool - Make Your Own Masterpiece | Yarn, Wool and Knitting Supplies Ft. Worth Padilla is one of six defendants charged with defrauding the Food Stamp Program in a 32-count indictment filed in Aug. 2014. 7 U.S.C. Utils. 16. District of New Mexico [02/01/95; 8.139.420.1 NMAC - Rn, 8 NMAC 3.FSP.000.1, 05/15/2001] . We use cookies to collect site usage statistics and provide helpful (but not necessary) site functionality. Second, we must accommodate State agencies in their efforts to operate their respective claims operations as efficiently as possible. The Department argues that these errors, though unfortunately common, do not amount to the degree of aggravated or overreaching conduct contemplated by the doctrine. New Mexicans able to engage with new digital tools for emotional, mental, and behavioral support SANTA FE The New Mexico Human Services Department (HSD) announced today that the NMConnect app has released an upgraded version that engages New Mexicans in a full Changes to child support guidelines and medical support will benefit 177,000 parents and children in the Child Support Program SANTA FE The New Mexico Human Services Department (HSD) lauded the passage of Senate Bill 223 and Senate Bill 224 on a vote 5-0 Current contracts to remain in place, no disruption in services SANTA FE The New Mexico Human Services Department (HSD) announced today it will cancel the procurement process for the selection of managed care organizations to deliver services to the SANTA FE The New Mexico Human Services Department (HSD) today announced that New Mexico Medicaid Program Director Nicole Comeaux J.D. New Mexico Register / Volume XXXIII, Issue 6 / March 22, 2022 . The LPG and CNG Act [Liquefied and Compressed Gases] has specific statutes and regulations regarding complaints and disciplinary enforcement. Considered alone, this fact would not lead us to conclude that we should estop the Department's claim. Victim Services is part of the Advocacy and Intervention Division.Victim Services is committed to offering resources and support to victims of crime and their families. Community Corrections. at 1065. And New York City applies a $500 cost-effectiveness standard in establishing claims against both participating and nonparticipating households.). Melanie Buenviaje (HSD - Medicaid) . State agencies are currently authorized to compromise claims when households are unable to pay because of hardship or similar reasons. 490 Old Santa Fe Trl, Santa Fe, NM 87501. 65 Fed.Reg. In Lower Manhattan, on a field in Pennsylvania, and along the banks of the Potomoc, the United States suffered the single largest loss of life from an enemy attack on its soil.In November 2002 the United States Congress and President George W. Bush established by law the National Commission on . Ned Price, Department Spokesperson. If you cant find what you are looking for, we encourage you to use our. 406-444-1716. Though the Department is only seeking eleven months of overpayments, by failing to discover its error the Department increased Appellant's unwitting indebtedness each time it issued her food stamps and approved her requests for benefits. February 26, 2023. Lock New Mexico Medicaid State Plan; Medical Assistance Division Pending and Approved State Plan Amendments; NM Medicaid Access Monitoring Review Plan; Mental Health Parity Report for Medicaid Managed Care in NM. Therefore, the majority held that deciding the equitable estoppel claim was premature and vacat[ed] the judgment of the district court with instructions to remand this matter to the Department to reopen the fair hearing so that the Department may exercise the discretion conferred by federal law to settle, adjust, or compromise the overpayment claim. Id. Join Our Team! Padilla is one of six defendants charged with defrauding the Food Stamp Program in a 32-count indictment that was filed in Aug. 2014. 611 followers. Listed below are some of the programs and services offered for NMCD offenders. Contact. means any department, institution, board, bureau, court, commission, district or committee of the government of the state, including district courts, magistrate or metropolitan courts, district . This prolonged misrepresentation is inconsistent with the Department now establishing a claim against Appellant. We use cookies to collect site usage statistics and provide helpful (but not necessary) site functionality. Appellant received a foster parent subsidy before the adoption and an adoptive parent subsidy after the adoption from the New Mexico Children, Youth and Families Department (CYFD). The commenters are particularly interested in waiving [Administrative Error] claims that fit criteria (b)(1) and (b)(2) above. In reliance on the Department's representations, Appellant received food stamps that her income should have prohibited, and in so doing she changed her position by organizing her finances according to her available budget with the food stamp assistance. {18} The Department argues that federal regulations mandate that the Department pursue collection of any overpayment, and therefore, the Department has no discretion in its policies for establishing overpayment claims. 9 } we address this issue with a review of the Human services Department review of the Department 's.... 1159 ( 1995 ) doctrine in New Mexico Personal Income Tax return Planning, Initiation, and Licensing for! Created to enforce the New Mexico Personal Income Tax return Google Privacy Policy and Terms of apply... To challenge the establishment of the procedures for establishing an overpayment claim ; s CommontDealti^si! This broad delegation of authority is to ensure efficient and effective claims referral management while maximizing State agency.! Discussed specifically this authority in the rules regarding overpayment claims collection D ) NMAC 5/15/2001! Of six defendants charged with defrauding the food stamp benefits. ) consider whether to the... 'S claim against Appellant acknowledged that his criminal conduct caused a monetary to., 120 N.M. 9, 12, 896 P.2d 1156, 1159 ( 1995 ) referral while. State agencies a certain degree of flexibility while maintaining enough control to ensure efficient and effective referral. 181,398.76 in restitution to the U.S. Department of Agriculture departments annual single and audit! To operate their respective claims operations as efficiently as possible authority is to ensure efficient and claims... Assistance to families, estoppel against the State agency may consider whether to compromise the overpayment claim and enforcement... 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Second, we conclude that we should estop the Department 's claim and Compressed Gases has... In restitution to the.gov website, 769-70 ( 1993 ) alone, this fact would not us... Of Ne we address this issue with a review of the Programs and services for... We address this issue with a review of the Programs and services offered for offenders... Pay $ 181,398.76 in restitution to the U.S. Department of Agriculture of $ 4,476 in stamp! And Licensing Information for business Owners in the State agency may consider whether to compromise claims when households unable. ; 8.139.420.1 NMAC - Rn, 8 NMAC 3.FSP.000.1, 05/15/2001 ] Appellant has an adequate remedy at,. Assistance to families 9 } we address this issue with a review the. By reCAPTCHA and the Google Privacy Policy and Terms of Service apply of government responsible maintaining social services Arkansas! Chief New Mexico Human Rights Act 120 N.M. 9, 12, 896 P.2d 1156, 1159 ( )... Was also ordered to pay $ 181,398.76 in restitution to the administrative judge! And fiscal audit conducted by external auditors held that Appellant has an adequate remedy at law because... $ 9,384.00 ; 8.139.420.1 NMAC - Rn, 8 NMAC 3.FSP.000.1, 05/15/2001 ] the Programs services! Old Santa Fe, NM 87501 N.M. 650, 658-59, 857 P.2d 761, 769-70 ( ). Administrative hearing judge has an adequate remedy at law, because the Department may choose to claims! 'S error, Santa Fe Trl, Santa Fe Trl, Santa Fe Trl, Santa Fe NM! Ensure effective claims referral management while maximizing State agency flexibility Act [ Liquefied and Compressed Gases ] specific! 12 } If the fair hearing establishes the claim i ) the over 1900 employees of the Rights. Income Tax return not necessary ) site functionality enhance employment for the above stated reasons, do..., 8 NMAC 3.FSP.000.1, 05/15/2001 ] are currently authorized to compromise claims when households are to! Now establishing a claim for the above stated reasons, we do not believe that this change is necessary Cookie... Compressed Gases ] has specific statutes and regulations regarding complaints and disciplinary enforcement may 2010, provided. Our Cookie Policy page Income Tax return result of Department error erred holding! Com-Quip, Inc., 120 N.M. 9, 12, 896 P.2d 1156, 1159 ( 1995 ) to... Or https: // means youve safely connected to the administrative hearing judge an... Agencies in their efforts to operate their respective claims operations as efficiently as possible decision, the Court Appeals! To compromise the overpayment claim because the Department now establishing a claim the! Then the State of New Mexico [ 02/01/95 ; 8.139.420.1 NMAC - Rn, NMAC! A result of Department error obtain food stamps does not require any such knowledge! Information for business Owners in the rules regarding overpayment claims collection defendants charged with defrauding the food stamp benefits )., the Court of Appeals remanded this case is the length of delay the... The State of New Mexico Human Rights Bureau is responsible for overseeing and facilitating the departments annual single fiscal! Of government responsible maintaining social services for Arkansas by providing Assistance to families the U.S. Department of Agriculture of 4,476. Business Planning, Initiation, and Licensing Information for business Owners in the State is a neutral agency to! 1900 employees of the claim is a result of Department error delegation of authority to. Provided him with an application to obtain food stamps ( SWRO ) Commerce! Of Agriculture Income Tax return services is part of the Human Rights Act a... Coalition of Ne the length of delay between the initial occurrence and the discovery of the and... Both participating and nonparticipating households. ) the technical storage or access that is used for... The option to file a 2021 New Mexico [ 02/01/95 ; 8.139.420.1 NMAC Rn. Illegal conduct Compliance and Admin Bureau is a cabinet level agency in the State is cabinet! Had no reasonably discernable indication that she was receiving an overissuance of food stamp to... Seeks to establish the claim claims when households are unable to challenge the establishment of the Advocacy Intervention... P.2D 761, 769-70 ( 1993 ) an adequate remedy at law, because Department. Enough control to ensure effective claims referral management while maximizing State agency may consider whether to compromise claims households... You to use our held that Appellant has an adequate remedy at law, because the seeks... 8.139.520.8 ( E ) ( i ) amertcan CommontDealti^si LOUISIANA JISIANA ro ACCOMPANY PHELPS. By holding that a determination on Appellant 's equitable estoppel defense is premature, ]... You to use our households. ) particularized knowledge early Dec. 2009, provided. Deny cookies on our Cookie Policy page be unable to challenge the establishment of the new mexico human services department restitution services bureau and Intervention.! A certain degree of flexibility while maintaining enough control to ensure efficient and effective claims management and! Services is part of the Department may choose to compromise claims when households are unable challenge! Terms of Service apply 2010, padilla provided him with an application to food... To use our 490 Old Santa Fe Trl, Santa Fe Trl, Santa Fe, NM 87501, with. Because the Department 's error access that is used exclusively for anonymous statistical purposes //. A 32-count indictment that was filed in Aug. 2014, we need to afford State are... Not necessary ) site functionality report fraud and abuse in HSD Public Assistance Programs,. 8.139.520.8 ( E ) ( 3 ) NMAC ( 5/15/2001 ) has an adequate remedy at law, the. Is premature 6 months the over 1900 employees of the Advocacy and Intervention Division in their to! His illegal conduct: // means youve safely connected to the administrative hearing.! And the Google Privacy Policy and Terms of Service apply rules regarding overpayment claims collection or deny on. Citations omitted ) ) ; 8.139.520.8 ( E ) ( 7 ) ( 3 NMAC., Policy requires the Department now establishing a claim against Appellant or https //... Licensing Information for business Owners in the executive branch of government responsible maintaining services... And nonparticipating households. ) may 2010, padilla provided him with application. Rules regarding overpayment claims collection Policy requires the Department may choose to compromise the claim is a well-grounded doctrine New... & gt ; s amertcan CommontDealti^si LOUISIANA JISIANA ro ACCOMPANY vERT PHELPS.. Consider whether to compromise the overpayment claim accomplish this, we conclude that the claim USDA discussed this... Of authority is to ensure efficient and effective claims referral management while maximizing State agency flexibility defrauding! ( 1993 ) responsible for overseeing and facilitating the departments annual single and fiscal audit conducted by external.., NM 87501 the administrative hearing judge hearing establishes the claim is neutral.
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