Last updated: September 2007

What Should I Do If I Do Not Think That The Department of Human Services (DHS) Made The Right Decision About My Food Stamp Case?

You should file an appeal. An appeal is a right that you have to make DHS look at your case or application again. DHS should explain to you why they decided to reduce your food stamps, deny your case, or whatever else they chose to do. An appeal gives you a chance to explain to DHS why you disagree with their decision and provide them with proof to back up your statements. 

What Things Can I Appeal?

You have the right to appeal the food stamp decision.  In order to appeal, you should request a fair hearing any time you feel DHS' action or lack of action on your case is wrong. Some examples of times you might want to appeal are as follows:

• denial of food stamps after filing an application;
• if your benefits are reduced or suspended;
• if your benefits are stopped or terminated;
• if you are being given the wrong amount of food stamps;
• if the DHS staff refuses to accept your application, or
• if you have no money or assets and the DHS refuses to process your food stamps quickly.

How Do I File An Appeal?

There are two ways to file an appeal.

1. You can file an appeal in writing at your local DHS office. If you can not go to the office, you can also fax or mail the appeal to the local DHS office. At the office you can ask for a "Notice of Appeal" form or click on the title below to view and print the form:
Notice of Appeal to DHS
If you cannot get a form from the DHS office, write down the following information on a blank piece of paper:

• Your name;
• Your address;
• Your telephone number;
• Your DHS case number (the same number as the one on your DHS medical card);
• The date;
• That this appeal is concerning a problem with your food stamp case; and
• An explanation of why you are appealing.

Note: If you received a written notice about the decision you are appealing, mention that notice and explain why you think it is wrong.

Make sure you keep a copy of the Notice of Appeal form or your letter and have the DHS office date stamp your copy so you have proof that they received it in the office. If you fill out the Notice of Appeal form at the office, ask the office to make a copy for you. If necessary, you can mail the Notice of Appeal form to the office.

2. The second way that you can file an appeal is by telephone. You can call the Appeals Line at the Bureau of Assistance Hearings at 1-800-435-0774. When you call this number, you will need to give them all of the above information. So, if you received a written notice about the decision that you are appealing, have it in front of you when you make the call. Unfortunately, you will have no record of making the call and you just have to trust DHS to get the information correct and to not lose it. When you file a written appeal, you can keep a copy for yourself as well.

Note: If you are only appeal a decision about you Supplemental Nutrition Assistance Program (SNAP) benefits, you can call a member of the DHS staff using the same 1-800-435-0774 number.

How Much Time Do I Have to File An Appeal?

You have 60 days from the date of the decision to file an appeal, or 90 days to file a SNAP appeal. Additionally, if the 60th or 90th day falls on a weekend or hoiday, your appeal will still be considered if DHS receives the appeal on the day after that day.

If you have not received a written denial, you can file an appeal at anytime. But, remember that it is your duty to keep DHS informed of your address if you move and appeal the decision. It is also your responsibility to check your mail every day. 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.

Although you do have 60 days to file an appeal, if you appeal very quickly you may be able to keep your benefits at the current level during the appeal.

Will My Benefits Continue After I Appeal?

If you request an appeal before the "Date of Change," or within 10 days of the date of the notice, you can ask to have your benefits continue at the same level. Make sure to check the box on the forms that says that your benefits should remain the same.

If you lose your appeal, and your benefits are reduced or stopped, DHS will probably try to get back the benefits that they paid you during the appeal.

What Happens After I File An Appeal?

Within 10 days after the appeal is filed, a pre-hearing conference will be scheduled. This conference is not the hearing itself. At this conference, you can look at your case file. You will also be able to discuss your case with your caseworker and the caseworker's supervisor. 

At the pre-hearing conference, the decision in your case may be changed. DHS may agree with you, you might reach a compromise or they will stick to their original position. Depending on what happens at the pre-hearing conference you might be asked if you want to withdraw your appeal. 

What Does It Mean to Withdraw My Appeal?

If you withdraw your appeal at anytime, it means that your appeal is over. You will not have a formal hearing and whatever has been written on the Notice to Withdraw the Appeal form will be what happens in your case. You should not withdraw your appeal unless:

• You are sure DHS' actions are correct; or
• The caseworker or supervisor has promised to reverse or modify the action. 

Warning: At the pre-hearing conference you may be pressured to withdraw your appeal, even if you still believe that what they are doing is wrong. If that happens to you, do not withdraw your appeal. Only withdraw if DHS agrees to make a change to your case that solves the problem. To do so you will be given a form to complete. A sample copy of this form can be found by clicking on the title below:

Request to Withdraw Appeal

On this form it is absolutely necessary that you write out exactly what DHS promised you.

For example: The issue you are appealing is a reduction in your food stamps due to DHS believing that your rent had decreased. At the pre-hearing conference you prove that your rent had not decreased by showing them rent receipts. DHS agrees to put your food stamps back to the original payment amount. You complete the Notice to Withdraw Appeal form and you write on it: "Why did I appeal? Because my food stamps were being reduced. Why am I withdrawing? Because I proved to DHS that my rent had not decreased and they agreed to put my food stamps back the way they were and agreed that they will give me extra stamps for the period of time I missed due to the incorrect reduction."

If you have an attorney, do not withdraw your appeal without first talking to him or her.

How Do I Know If DHS Is Following Its Rules?

The DHS Policy Manual has all of DHS' rules for food stamps (as well as all other DHS programs). You can see this manual at your local DHS office during normal business hours. The DHS Policy Manual is also available here. 

If you have been sent a written notice about your case, the notice should contain the number of the rule it followed in making its decision in your case. At the pre-hearing conference, you can ask the caseworker to show you a copy of the rule that applies to your case.

How Do I Get Ready For The Hearing?

After the pre-hearing conference, you should begin preparing for your hearing. You should write down:

• The problem or issue you are appealing;
• The important events in the order that they happened;
• Why you think DHS is wrong; and
• The reasons you think so.

If there are witnesses who can help your case, talk to them about coming to the hearing with you. You should also get together any papers that help your case.

You may present additional information or documents to DHS at any time during the appeal process. DHS must reconsider your appeal at that time based on the new information. These documents include any new documents associated with your case that you did not have originally. If you file a timely appeal and provide that information during the appeal process, it must be treated as though you gave it to them when they originally asked for it. 

What Happens At The Hearing?

The hearing will be held at the local DHS office. Someone who is not connected with your case will conduct the hearing. The people that will be there are the hearing officer (who will most likely be in Chicago and be participating by telephone), the caseworker, a supervisor, all witnesses, you and your representative, if you have one.

This hearing will probably be in the following order:

1.  The hearing officer will explain the purpose of the hearing and will try to describe the problem being appealed.

2.  The DHS hearing officer will ask the caseworker or supervisor to explain what happened, and they will submit all written notices.

3.  After each DHS person speaks, you may ask questions to that person.

4.  When DHS is done with their case, you may present your case. This is your chance to explain your side of the story as clearly as possible. Ask your witnesses questions so he or she can tell in his or her own words what happened. If you have papers to submit, tell the hearing officer what they are, give them to the hearing officer, and ask for copies back for yourself.

5.  After everyone has testified, ask the hearing officer to let you make a "closing statement." Then explain again why you think DHS is wrong.

What Happens After The Hearing?

A written decision should be mailed to you at your mailing address. If you lose the hearing, DHS will go ahead with its planned action such as reducing your food stamps, if that has not already been done. You can always file a new application for assistance.

If you want to appeal the decision should it be against you, you should contact a lawyer right away. The next step is to go to court. You have only 35 days from the date of the hearing decision to file an appeal in the Circuit Court. Search the "Helpful Organizations" section below to find free legal help.

Do I Have To Get A Lawyer To File An Appeal with DHS?

No, you do not need to have a lawyer to help you with your appeal, but it is a very good idea to get a lawyer if you can. DHS will often treat clients differently when they are represented by a lawyer. Also, if you cannot find a lawyer to take your case, you can have anyone you feel comfortable with speak on your behalf. The person does not have to be a lawyer. A lawyer is always the best option, but having a friend help you is also an option.

What If I Can't Afford A Lawyer?

You may be able to find free legal help at a legal aid organization in your area. Search the "Helpful Organizations" section below to find free or low-cost legal help. If you are close to the last days in the 60 or 90 day period, make sure to file your appeal with DHS first and then get a lawyer, so you do not miss the appeal deadline.

Helpful Organizations
The following organizations may be able to help you with Americans with Disabilities Act

For a list of organizations in your area that may be able to help you, enter your zip code.

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