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v     You have the right to receive WRITTEN NOTICE of whether or not you qualify for Food Stamps (and why you do not qualify).

v     If your application for Food Stamps 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 Food Stamps within 30 days of the submission of the application.

v   You have the right to receive WRITTEN NOTICE if:

Ø Your application for Food Stamps application is denied, or

Ø The amount of the Food Stamps you are receiving is reduced or terminated.

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 Food Stamps

Ø The Fair Hearing is to decide if the decision follows agency policy and rules.

Ø A Fair Hearing is a meeting conducted by a TxHHSC regional hearing officer with any applicant or Food Stamp recipient who disagrees with a TxHHSC decision.

Ø TxHHSC accepts requests for Fair Hearings by mail, fax, and phone (dial 2-1-1).

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 Food Stamps application

Ø      If you are receiving Food Stamps 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 Food Stamps, you can still request a Fair Hearing for 90 days after the date of the letter reducing or terminating your Food Stamps.

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 Hearing.

v     You have the right to receive a written decision regarding the outcome of your appeal.