& Families Dep’t v. Christopher B., 2014-NMCA-016, ¶ 7, 316 P.3d 918 (“[I]n order to show a denial of due process, we do require the [claimant] to ‘demonstrate that there is a reasonable likelihood that the outcome might have been different}]’ had the denied procedure been afforded.” (Third alternation and emphasis in original) (internal quotation marks and citation omitted)). {30} Garduño relies on Waters-Haskins v. Human Services Department, Income Support Division to argue that DWS’s late notice of the pending appeal amounted to “a false representation or concealment of material facts,” which implied “‘representations that are contrary to the essential facts to be relied on, even when made innocently or by mistake’.” 2009-NMSC-031, ¶ 24, 146 N.M. 391, 210 P.3d 817 (citation omitted) (<HOLDING>). In that case, this Court applied a theory of
holding that state agencys voluntary reinstatement of benefits after agency had previously announced that recipients no longer met the eligibility requirements for those benefits did not moot suit challenging the termination of the benefits when agency remained free to reassess the recipients needs and cancel their benefits at any time holding that the consideration of the fact that claimant collected unemployment benefits while he was allegedly disabled was not a ground for reversal where there was other medical and vocational evidence supporting denial of benefits and claimants receipt of unemployment benefits was not decisive factor in denial of benefits holding that a claimants failure to list an impairment either in her application for disability benefits or through her testimony disposes of the claim because the alj was under no obligation to investigate a claim not presented at the time of the application for benefits and not offered at the hearing as a basis for disability holding that the government cannot be forced to pay monetary benefits to an applicant who is statutorily ineligible for the benefits even if the applicant became ineligible due to reliance on the misadvice of a federal employee holding that because the agency clearly knew of claimants ineligible status but continued to pay her food stamp benefits for eight years while the claimant had no way of knowing she was ineligible the agency was estopped from later attempting to recoup the paid benefits