There are times when we all need help, and for many, government assistance is necessary to help make ends meet and alleviate difficulties. But, after filling out the forms and meeting with the caseworker, there are applications that are denied, amounts reduced, or all out termination of benefits.
The good news is that this is not the end of the road. The appeal process is available to help people correct a wrong decision and get things fixed.
Below are some common questions on the appeal process in the context of SNAP, TANF, and Medicaid decisions.
When Can I Appeal A Food Stamp (SNAP), TANF Or Medicaid Decision?
You have the right to appeal any part of your food stamps (SNAP), Temporary Assistance for Needy Families (TANF), or Medicaid decision. Here are some examples:
> You were denied benefits after filing an application;
> Your benefits were reduced or suspended;
> Your benefits were stopped or terminated.
What Do I Do After Getting Notice That My Benefits Were Denied?
First, you should talk with your caseworker to see if you can easily resolve the issue. If you cannot change the decision or the caseworker will not discuss the issue with you, then you can appeal the decision.
Do I Need A Lawyer To Appeal?
Generally, no; it is, though, always a good idea to have a lawyer represent you. If you decide not to retain a lawyer, you can have anyone speak on your behalf. It does not have to be a lawyer. Although if you decide to hire an attorney, but you cannot afford one, you may be able to find free legal help at a legal aid organization in your area.
Can I Look At My Case File?
Yes, you may look at the case file the Department of Human Services (DHS) has on your case any time during business hours.
When Do I File An Appeal?
For problems concerning cash or medical assistance, such as Temporary Assistance for Needy Families (TANF) or Medicaid, in the State of Illinois, you have 60 days from the date of the written notice to file an appeal. If you did not receive a written notice, file an appeal as soon as you learn of the action you disagree with. For appeals of something that is not a specific denial of an application, you can file an appeal at anytime. Remember that it is your duty to keep the DHS informed of your address if you move and appeal the decision.
Important Note: If DHS has proof that they mailed a notice to you and you just did not receive it because you did not check your mail, then you could lose your right to appeal.
Will I Keep Getting Benefits After I Appeal?
It depends. If, however, you are receiving benefits during the appeal process and lose your appeal, you may have to pay back the benefits you received.
What Happens After I File My Appeal?
Within 10 days after you file the appeal, a pre-hearing conference will be scheduled. This is an opportunity to look at your case file, and discuss your case with your caseworker and the caseworker’s supervisor. After this conference, you will get a notice of a hearing with a hearing officer. You will present your case and explain why you think DHS’s decision is wrong. Your caseworker will explain why DHS made its decision. You must attend this hearing, unless you have withdrawn your appeal. If you miss the hearing, you will receive a letter giving you 10 days to state in writing why you missed it. If you do not have a good reason for missing your hearing, your appeal will be dismissed.
What Are My Rights At The Hearing?
You have the right to testify and to give written evidence. You can bring witnesses. You should bring any evidence you have to prove your case. You can ask questions, and you can have an attorney or other person represent you at the hearing.
When Will I Get My Decision?
A written decision should be mailed to you at your mailing address. If you lose then DHS will go ahead with its planned action such as reducing your benefits if that has not already been done. You can always file a new application for assistance. If you want to appeal once more, you can go to court. You have only 35 days from the date of the hearing decision to file an appeal in the Circuit Court. This process is more complicated, and you should retain an attorney to continue with the appeal process.
Syeda M. Madani, Esq. is an attorney with Amal Law Group, LLC. Email her at smadani@amallaw.com or visit their website at www. amallaw.com
DISCLAIMER: This article is written for informative and educational purposes only. This article is not legal advice and does not create an attorney-client relationship between the author and any reader.
