Applying for Public Assistance
by: Northwest Justice Project
It is a written request, on a DSHS form. The date DSHS receives the form is the "date of the application." An application may be made on the same day that a person goes in to the DSHS office.
An application can be made by:
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the person in his/her own behalf;
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a legal guardian or power of attorney;
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any other person acting in behalf of the applicant.
DSHS will ask for documents verifying or supporting the statements made on the application, e.g., a copy of a car title to verify ownership. If a certain requested type of verification is not available, other verification can be used such as statements by other parties. An applicant should not be required to provide verifying documents for which a fee is charged (e.g., certified birth certificate) unless DSHS authorizes payment for such fee.
Applications must be acted on in one of the following ways in writing: approval; denial; or withdrawal. A denial must be in writing and dated. It must state the reason for denial, cite the applicable rule or law, and must include a statement of the right to a fair hearing. A withdrawal can be made only in writing by the applicant.
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Medical Assistance: 45 days (unless "disability" is an issue, then it is 60 days)
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GA-U: 45 days
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Expedited Food Stamps: Must be allowed to apply immediately and, if approved, stamps must be "in hand" within 5 days
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Pregnancy Related Medical Assistance ("First Steps"): 15 days
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All Others: 30 days
*NOTE: Applications and notices must be provided in the primary language of the person seeking or receiving benefits. Also, DSHS must help any applicant who needs special help because of physical or mental health, communication problems, or if the applicant has problems with reading, writing, or understanding the forms.
If an application is denied or not timely acted upon, an applicant has a right to request a fair hearing. Then an impartial administrative law judge will decide whether the denial was legally correct.
You can ask for a fair hearing by writing or calling the Office of Administrative Hearings (OAH) at P.O. Box 42489, Olympia, WA 98504, phone: 1-800-583-8261. You may also ask for one by calling or writing your local DSHS office or by filling out and handing in a Request for Fair Hearing form at your local DSHS office. If it is an emergency, you may ask to have your hearing held as soon as possible by calling the OAH. This is called an "expedited" hearing. Otherwise, your hearing will probably be 20 days or more after you ask for it.
If you are representing yourself, read our publication titled "Representing Yourself at a Fair Hearing". If you want free legal advice about your case, you may call CLEAR at 1-888-201-1014.
This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice.
This information is current as of the date of its printing, March 2005.
© 2003-2005 Northwest Justice Project.
1-888-201-1014, TTY 1-888-201-9737
(Permission for copying and distribution granted to the Washington State Access to Justice Network and individuals for non-commercial use only.)
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