Health & Benefits
Worried about doing this on your own? You may be able to get free legal help.
Part of the Equal Education Library, sponsored by Perkins Coie.

TANF stands for Temporary Assistance for Needy Families. You may file an appeal of any decision to deny, change, or stop TANF benefits. You can also appeal if the Illinois Department of Human Services (IDHS) fails to act on your application or request.
You can file an appeal:
- Online through your ABE account,
- In writing at your local Family Community Resource Center (FCRC) office, or
- By calling (800) 435-0774.
Remember, you must file an appeal within 60 days of the date of the written notice.
You can keep getting payments even during an appeal. To keep getting payments, you must appeal:
- Appeal within 10 days of the date of the notice of change; or
- Before the date of change becomes effective, whichever is later.
The date the change becomes effective is included on the notice of change. Be sure to get some kind of a record that you filed your appeal showing the date it was filed.
If you elect to continue your benefits during an appeal, and IDHS later decides you shouldn’t have received them, IDHS may find that an overpayment occurred.
After you file the appeal, IDHS must hold a pre-hearing meeting with you either in person or by telephone. They are supposed to schedule a meeting with you within 10 days after a notice of appeal is received by their office. You will meet with your case worker and their supervisor.
IDHS may agree to approve the case, or restore your full benefits right away, if:
- Your application was denied because of a mistake or misunderstanding about the facts, or
- Your TANF payments were changed or ended because of a mistake or a misunderstanding about the facts.
IDHS may ask you to withdraw your appeal. Only withdraw your appeal if you agree with IDHS's decision. If you come to an agreement, you should be sure to get the agreement in writing before withdrawing your appeal.
If IDHS does not change its decision and you do not withdraw your appeal, IDHS will schedule a fair hearing. The local office is supposed to give you a written statement of facts that explain their decision at least two business days before your fair hearing.
A fair hearing officer will hold the hearing. At the hearing, you may bring anyone to represent you, including a lawyer. If some is representing you at the hearing, you should do your best to notify the IDHS Appeals Office in writing at least three business days before your hearing. Send them information about who your representative is including their name, phone number, and e-mail address. You may also represent yourself.
You will have the following rights at the hearing:
- To examine (before or during the hearing) the records to be used by DHS, including your case record,
- To present your testimony and other witnesses in support of your claim,
- To present documents that support your case,
- To cross-examine other witnesses, and
- To present your arguments.
After the hearing, the hearing officer will mail their decision in writing. The Hearing Officer may choose to:
- Side with you
- Side with the local office
- Accept the withdrawal of your appeal
- Accept a settlement between you and the local office, or
- Some other appropriate relief.
You can file a lawsuit if you disagree with the decision in the DHS hearing.
If you are unable to attend the hearing as scheduled, request a new hearing date from the IDHS Appeals Office in writing as soon as possible. Your first request for a new hearing date does not require good cause, but you must request it at least two business days before your hearing.
You can only request to reschedule a second time if you show good cause for needing to reschedule again. "Good cause" includes a death in your family, personal injury or illness that prohibits you from attending, sudden or unexpected emergency, or other circumstances beyond your control that prevent you from attending. Rescheduling the hearing delays IDHS’s ability to resolve your case.
If you do not attend your hearing and do not notify the Appeals Office that you cannot attend, your appeal will be dismissed unless you show good cause.
You may file a lawsuit in the circuit court if a hearing officer rules against you in a IDHS hearing. The lawsuit is called a complaint for administrative review. You must file this lawsuit no later than 35 days from the date that the decision was sent to you. Also within 35 days, you must make sure the circuit court clerk issues the summonses to IDHS.
You cannot present any new evidence. You or your lawyer will have the chance to show that the evidence presented at the hearing supports your case.
The judge will then decide if the hearing officer:
- Looked at the facts the right way; and
- Applied the law the right way.
The judge will then do one of the following:
- Approve your claim;
- Deny your claim; or
- Send your case back to IDHS to be reevaluated.
Learn more about Starting a lawsuit.
Worried about doing this on your own? You may be able to get free legal help.
Part of the Equal Education Library, sponsored by Perkins Coie.
