TANF Time Limit Rules: What if I disagree with a DHHS decision to deny my request?

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XII. What if I disagree with a DHHS decision to deny my request for an exemption or extension?

DHHS must give you a written notice telling you that your request for an exemption or extension has been approved or denied. If it is denied, they must explain the reasons for the denial and tell you how you can appeal that decision.

You must request a fair hearing within 30 days if you want to appeal.

If you decide to appeal, tell the worker who made the decision that you want a fair hearing. A fair hearing is your chance to be listened to by a fair hearing officer. The fair hearing officer will look at the record and the law to make a new decision in writing.

You can bring an advocate or friend to the fair hearing if you would like.

Under this new rule, you will not be eligible for continued TANF assistance while you are waiting for the decision from your appeal. This means that your TANF will end as your notice states. But, if you win your appeal, you will get retroactive benefits back to the time set by the hearing decision.

For example, if you are denied an extension your benefits will be terminated at the end of your 60th month. However, if you appeal and the hearing decision finds that you really were eligible for an extension, you will get a retroactive payment for the months beginning with the 61st month. You will then continue to receive TANF until the end of your extension or exemption.

June 2012