Resolving Disputes About Your Public Benefits
by: Montana Legal Services Association (MLSA)
What should I do if I feel my rights have been violated?
You have the right to request a fair hearing, although a fair hearing is the last resort. Most problems are resolved without a fair hearing.
Before you request a fair hearing, try and resolve the issue by talking with your caseworker. If this is unsuccessful, ask to speak with their supervisor. If that does not work, ask to speak with the director and so on. If none of this resolves your problem, request a fair hearing.
What is a fair hearing?
A fair hearing provides a way to challenge decisions that you think are against the rules or their facts are wrong.
You have the right to request a fair hearing if you apply for or receive public benefits through:
A Welfare Grant (TANF)
Food Stamps
WIC
Low Income Energy Assistance (LIEAP)
Medicaid
Do not be intimidated!
If you feel that your rights have been threatened in relation to any of the public benefits mentioned above, make sure you fight it! Request a fair hearing immediately whenever your rights are threatened. Sometimes just requesting a fair hearing will resolve your problem.
When do I request a fair hearing?
When you request a fair hearing, it is because the government agency in charge of your benefits has performed an adverse action, and trying to work things out with them has not worked.
Basically, if you do not agree with a decision that has been made affecting your benefits, you can request a fair hearing.
What is considered an adverse action?
If the agency does not allow you to apply for benefits, whether you are eligible or not.
If your application is not handled by the agency in a timely manner (i.e. 30 days for food stamps, 45 days for Medicaid, etc.).
If your benefits are denied, reduced, suspended, or terminated.
If the agency demands repayment of an overpayment.
If the agency establishes an unreasonable work requirement.
If the agency intends to impose a lien on your property.
If the agency denies or reduces a special needs adjustment (Medicaid only).
If any of these things or others not mentioned have happened to you and you do not agree with the decision, you may want to request a fair hearing.
How do I request a fair hearing?
A request for a fair hearing must be in written form (with the exception of food stamps, which may be verbally requested over the phone or in person).
Follow all the directions listed on the request for a fair hearing form the agency sent to you.
The local government agency office in charge of your benefits is required to help you request a fair hearing.
Most programs require that you request a fair hearing within 90 days of the mailing of the adverse action.
To be sure about specific fair hearing time limits, you should double-check your fair hearing request form on the letter of information sent to you notifying you of the adverse action. It should tell you what the time limit is for requesting a fair hearing.
If you are unsure about when to request a fair hearing, call the DPHHS Help Line at 1-800-332-2272.
If you have any questions relating to DPHHS fair hearings, call the Office of Fair Hearings at (406) 444-2470.
For WIC fair hearing requests, call 1-800-433-4298 for information.
For information on HUD (Section 8/Public Housing) Fair Hearing Requests, call (406) 449-5050.
Contact the Montana Legal Services Association hotline at (800) 666-6899 if you have any legal questions regarding the fair hearing process.
What are my rights at a fair hearing?
Most hearings are conducted by telephone at a reasonable time. You can request an in person hearing, should you have a problem with the telephone hearing.
You have the right to be represented by a lawyer or paralegal. Sometimes you can have a relative, a friend, or other spokesperson present at your hearing.
You can subpoena witnesses for your hearing (make them come to testify).
If you need an interpreter, be sure to request one when you request your hearing.
In order to continue receiving your full benefits, be sure to request a hearing by the effective date of the negative action.
You can ask that your benefits remain unchanged until after the hearing. You indicate this by asking for 'aid continuing' on the fair hearing request. If you lose the hearing, you will have to repay those benefits.
IMPORTANT
You have the right to see your case file and to copy anything in it. This information will likely be necessary evidence in your fair hearing.
Be sure to make copies of all your papers before going to the hearing. Do not leave important papers at the OPA or the hearing site without making copies for yourself. It is also a good idea to write the name of any worker who takes your papers. Keep a record of who you talked to, including the time and dates.
Revised 10/08
Call the MLSA HelpLine for legal assistance: (800) 666-6899
Montana Legal Services Association 616 Helena Avenue, Suite 100 Helena, Montana 59601 (406) 442-9830 (800) 666-6124
Last Reviewed On: 01/03/06
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