Legal Aspects – Table of Contents

0130.020.15 Notifying the EU of the Right to Request a Hearing

EUs must be informed of their right to a fair hearing at application, and anytime an action is taken by the FSD that affects the benefits or services they receive. Any time an EU expresses to FSD staff that the EU disagrees with a State agency action, and the issue cannot be resolved, FSD staff must remind the EU of the right to request a fair hearing.

At application, reapplication, and anytime a change in eligibility or benefits occurs the FSD informs the EU in writing of:

  • The action being taken, including:
    • The new amount or type of benefit the EU will receive;
    • The month and year the change is effective if the EU does not request a hearing;
  • The reason for the action and the specific regulation on which the decision is based.
  • Fair hearing rights: 
    • How to request a fair hearing in writing or orally; in person, or by mail, fax or telephone.
    • The time allowed for requesting a fair hearing.
    • Who may present the EU’s case; the EU may present their case or have a spokesperson such as legal counsel, a relative, or a friend present the case for them.
    • How to contact organizations available to provide free legal representation for a fair hearing.