Key points
- You have the right to a fair hearing if you disagree with a decision about your benefits.
- Ask within the deadline printed on your notice. For most decisions it is 90 days from the date of the notice. For a decision made by a Medicaid health plan, you first appeal to the plan.
- If you ask before the effective date on your notice, your benefits may continue while you wait for a decision.
Your right to a hearing
A fair hearing is a meeting with an impartial hearing officer who did not take part in the decision. You can explain why you think the decision is wrong, and the agency explains why it made the decision. The hearing officer then makes a written decision.
You can ask for a hearing if we deny your application, reduce or stop your benefits, don't act on your application in time, or decide you were overpaid.
How to request a hearing
- Find your noticeThe notice explains the decision and the deadline for asking for a hearing.
- Ask for a hearingUse the hearing request form in Access Franklin, sign the hearing request section of your notice and mail it back, or ask in person at your county social services office.
- Get a hearing dateWe'll mail you the date, time and how the hearing will be held. Most hearings are held by phone or video.
- PrepareYou may look at your case file before the hearing and bring documents or witnesses.
Keeping your benefits during an appeal
If you ask for a hearing before the date your benefits change, you may be able to keep getting the same benefits until the hearing officer decides. If you lose the hearing, you may have to repay benefits you got while waiting.
What happens at the hearing
The hearing officer explains the process, everyone who speaks takes an oath, and both sides present their information. You can ask questions of the agency's witnesses. Hearings usually last under an hour.
Getting help
You can represent yourself, or bring a friend, relative or attorney. Free legal help may be available from legal aid organizations in your area. If you need an interpreter or an accommodation for a disability, tell us when you ask for the hearing. There's no cost to you.
The decision
You'll get a written decision by mail. If you disagree with it, the decision explains how to ask for a further review and the deadline for doing so.