Health & Benefits

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 DHS 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.

You have the right to a fair hearing during an appeal of a DHS decision. After you file the appeal, DHS is supposed to hold a pre-hearing meeting with you either in person or by telephone. You will meet with your case worker and their supervisor. 

DHS may agree to approve the case, or restore your full benefits right away, if:

• Your application was denied, or
• Your TANF payments were changed or ended because of a mistake or a misunderstanding about the facts.

DHS may ask you to withdraw your appeal. Only withdraw your appeal if you agree with DHS's decision. If you come to an agreement, you should be sure to get the agreement in writing before withdrawing your appeal.

If DHS does not change its decision and you do not withdraw your appeal, DHS will schedule a fair hearing.

A fair hearing officer will hold the hearing. At the hearing, you may bring anyone to represent you, including a lawyer. 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. You can file a lawsuit if you disagree with the decision in the DHS hearing.

You may file a lawsuit in the circuit court if a hearing officer rules against you in a DHS 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 DHS.

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 DHS to be reevaluated.

Learn more about Starting a lawsuit.