What Are Your Appeal Rights?

  • April 2020
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You Think Social Services is Wrong: What Are Your Appeal Rights? You Can Appeal Practically Any DSS Action or Failure to Take Action. Here Are Some Examples: * You already get assistance (Cash,TDAP, Food Stamps, Medical Assistance) and DSS suspends, reduces, or terminates it, or gives you notice that this is going to happen. * DSS denies your application for assistance.

* If you lose your appeal, DSS may require you to pay the “benefits pending” back to them-but this usuall can be spread out over a period of time.

You Can Still File An Appeal Up to 90 Days (3 months) After DSS Took Action Or Was Supposed to Take Action

* DSS takes too long to decide your case or to adjust your benefits based on new information you gave them (DSS has 30 days to act on an application for benefits).

* The ten day period is only for those who want their benefits continued at their current level or restored. But you have up to three months to file an appeal after DSS takes action or gives you notice.

* You Disagree with DSS’s decision to refer you to a work program.

Your Appeal Will Result In A Fair Hearing that Will Occur Weeks Later.

* DSS says they overpaid you and ywants you to pay back some benefits.

* You can represent yourself , get a lawyer to represent you, like Legal Aid, the Homeless Persons Representation Project, or get a non-lawyer to represent you like a social worker or a family member You will get a notice of the time and place of the hearing 15 days before it occurs. Six days before the hearing, DSS will send you a summary of their case. DSS will be represented by someone who has reviewed your casefile, but your worker most likely will not be at the hearing. You can call witnesses, examine your file, and present documents at the hearing.

DSS Must Give You Timely Notice Before They Act The notice must be mailed or given to you at least 10 days before the action takes place, and must give you a reason for their action and tell you about your appeal rights

DSS Is Required to Help You Put Your Appeal In Writing. The Back of This Form Can Be Used As An Appeal Form. * An appeal can be expressed in different ways to your worker or your worker’s supervisor, but must be put down on paper at some point. If you use the form on the back to appeal, make sure you give it to your worker or a supervisor and get a receipt.

If You File Your Appeal Quickly, You May Be Able to Get Your Assistance Frozen At Its Current Level or Restored to Its Old Level Until the Time of the Hearing. * This is know as “Benefits Pending” and can be done only if you appeal within 10 days of the date of the DSS action or within 10 days of the date of the DSS notice to you.

To recieve the Request for Hearing form please call 410-685-6589 x 10

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