This Lady Done Messed up My Case: File a Fair Hearing

~ brokebitchingeorgia

Did your case manager decrease your Food Stamps even though you just lost your job and added a new family member? Did you submit your review and all your check stubs, but no one even worked on your case and now your stamps are cut off?

Have your tried to go by the office or call the 1-877 number and all you got was pissed off? You have a way around them.

File a fair hearing. Everyone has the right to file a fair hearing for any reason except any changes in what day your benefits are issued. That is not a case manager decision.

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Reasons to file a fair hearing:

  1. Any DFCS action or failure to act timely on for Food Stamp benefits including:
    • A delay in determining if your eligible
    • A delay in issuing your benefits
    • A termination or reduction of benefits you think was wrong
  2. Any DFCS decision about your eligibility including:
    • The amount of benefits you receive
    • The manner or form of payment
    • The individual to whom your benefits were sent
  3. Anytime you think a case manager incorrectly worked your case

Who can file a fair hearing?

  • Families that submitted applications and participated in interviews for DSNAP (disaster) benefits but did not receive approval
  • Households who think the case manager used the wrong household size
  • Households who may have completed an on-site supervisory review and weren’t satisfied with the outcome

Who cannot file a fair hearing?

Households who did not pre-register for DSNAP (disaster) benefits or did not complete an interview during the authorized DSNAP period.

How to file a fair hearing

  1. Telephone number
  2. Write that you want a fair hearing on a piece of paper
    • The easiest way to do this is to use the fair hearing form found on the last page of any Notice of Decision you receive. An example is at the bottom of the page.
      • Include:
      • Your name
      • The date you are submitting the fair hearing
      • The program (Food Stamps, Medicaid, TANF, WIC)
      • Why you are filing the fair hearing (example: my Food Stamps were reduced to $10 a month)
      • You may qualify to continue receiving benefits while your wait for the fair hearing. Write down if you wan to keep receiving benefits. If the fair hearing decides you shouldn’t have received those benefits, you’ll need to pay them back.
  3. Verbally tell someone by going to the local office or call 1-877-423-4766.
    • (If you verbally request a fair hearing, you may be asked to put your hearing request in writing. ALWAYS put anything for DFCS in writing so you have proof.)

• You must submit your hearing request no later than 90 days after you receive notice of the decision you think is incorrect.

What happens next?

Usually, DFCS will assign the hearing to a case manager or supervisor to review your case. If the employee discovers there was an error, they will correct the error. Someone will then call you, explain how the case has been corrected, and then ask you to consider dropping the fair hearing.

If this doesn’t happen or you refuse to drop the hearing, then a court date will be set with an administrative law judge.

You’ll receive notification of your hearing date at least 10 days before it takes place.

Example of Fair Hearing Request found on Notice of Decision Notices from DFCS

Example of a fair hearing request found in notice of decision letters from Georgia DFCS

Published by brokebitchingeorgia