What are my rights when applying for and receiving TANF?
by: Partnership for Legal Access
You Have Rights When Applying For and Receiving TANF:
v You have the right to receive WRITTEN NOTICE of whether or not you qualify for TANF (and why you do not qualify).
v If your application for TANF is considered "incomplete" by TxHHSC, you have the right to receive WRITTEN NOTICE of:
Ø What information is missing, and
Ø The date by which you must provide the missing information (at least 10 days).
v TxHHSC must give you a written decision on each application for TANF within 45 days of the submission of the application.
v You have the right to receive WRITTEN NOTICE if:
Ø Your application for TANF application is denied,
Ø The amount of the TANF you are receiving is reduced or terminated; or
Ø TWC makes a decision affecting your participation in CHOICES and/or Child Care benefits.
v The written notice must give:
Ø A written description of why the benefits are being denied, decreased, or stopped, and
Ø Instructions on how to request an appeal of the decision.
v The Fair Hearing:
Ø You need to request a Fair Hearing to appeal the denial, reduction, or termination of TANF
Ø A Fair Hearing is a meeting conducted by a TxHHSC regional hearing officer with any applicant or TANF recipient who disagrees with a TxHHSC decision.
Ø TxHHSC accepts requests for Fair Hearings by mail, fax, and phone (dial 2-1-1).
Ø The Fair Hearing is to decide if the decision follows agency policy and rules.
v Deadlines to request a Fair Hearing:
Ø You must request a fair hearing by filing your appeal within 90 days of the letter denying your TANF application
Ø If you are receiving TANF and TxHHSC decides to reduce/stop your benefits:
§ You may request - within 10 days - that benefits continue while you appeal. You WILL be responsible for paying back benefits that you received after the initial decision if you lose your appeal.
§ If you do not want to continue with benefits while you wait for a decision on your appeal, or if you miss the 10 day deadline to request continuation of TANF, you can still request a Fair Hearing for 90 days after the date of the letter reducing or terminating TANF
v You should receive WRITTEN NOTICE of when and where the hearing will be held.
v You have a right to review your caseworker's file, as well as to get a copy of the hearing officer's file to prepare for you Fair Hearing. Contact your hearing officer to request copies of these documents.
v At the Fair Hearing:
Ø You will have a chance to explain why the decision is wrong.
Ø The case worker gets to explain why the decision is correct.
Ø You can question the case worker and witnesses.
Ø You should bring your own witnesses with you, if you have any.
Ø If your appeal involves a medical issue, you should take a letter from your doctor with you to the hearing.
Ø The hearing officer (judge) can question you, the witnesses, and the caseworker.
Ø You have the right to an interpreter during the hearing.
v You have the right to a legal representative to assist you in your appeal.
Ø You can have a legal representative present during the fair hearing.
Ø Your legal representative does not have to be an attorney.
Ø You may contact your local legal aid organization to request free legal representation at the Fair Hearings.
v You have the right to receive a written decision regarding the outcome of your appeal.
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