Health & Benefits
Worried about doing this on your own? You may be able to get free legal help.
Part of the SNAP Benefits library, sponsored by Winston & Strawn
You may appeal
any Illinois Department of Human Services (DHS) action or inaction. This includes the denial of your Supplemental Nutrition Assistance Program (SNAP) application or changes to your SNAP benefits.It is important to note the deadlines for filing an appeal. For SNAP cases, the deadline is 90 days from the date on the notice or the DHS action in question. The deadline is shorter if you want to continue your benefits. If you want to continue your benefits, you will need to request a hearing
before your benefits are scheduled to be reduced or stopped. The notice should tell you the date by which you need to appeal in order to have your benefits continued.You should only appeal if you think there is a good reason the denial or reduction was wrong. Some examples of decisions you might want to appeal are:
- You were denied benefits after filing an application,
- Your benefits were reduced or suspended,
- Your benefits were stopped or terminated,
- You were given the wrong amount of benefits,
- DHS staff refused to accept your application, or
- Your caseworker failed to do something on your case.
If you file an appeal, DHS will look at your case or application again. DHS will also schedule a meeting with you, which is called a pre-hearing conference, before you have an official hearing. During this conference, you will meet with a DHS caseworker to see if you can resolve the issue. This meeting is often held over the phone.
If the appeal is not resolved, you will receive a written statement of facts
explaining DHS's action or inaction and a notice scheduling a hearing for your appeal. The hearing usually takes place at the local office that handles your case. It will be conducted by a hearing officer.During the appeal hearing, DHS staff testify
about what they did and why. You can also testify and provide other evidence about what DHS did and why it was wrong. The hearing is tape recorded.After the hearing, the agency will send you a written decision on your appeal. They should also explain why they made their decision.
Although you do not need a lawyer
, it is a good idea to get one if you can. If you cannot find a lawyer to take your case, you can have a friend or relative speak on your behalf. The person does not have to be a lawyer. You need to tell the DHS appeals office ahead of time, in writing, who you are choosing to represent you. This must be done at least three working days before your hearing so you do not risk delaying your hearing.For more information see Appealing a SNAP benefits decision.
What rules does DHS apply for SNAP benefits?
The Department of Human Services (DHS) has a manual with its rule for Supplemental Nutrition Assistance Program (SNAP) benefits. The manual is called the Cash, SNAP, and Medical Manual. You can view the manual online or at any local DHS office during normal business hours.
If you receive a written notice about your case, the notice should say what rule the DHS applied when making a decision about your case. You can also ask a DHS caseworker to tell you the applicable section of the manual.
Worried about doing this on your own? You may be able to get free legal help.
Part of the SNAP Benefits library, sponsored by Winston & Strawn