Hearings Manual

0130.020.20.10 Reasons for Requesting a Fair Hearing

The EU may request a hearing if aggrieved by any FSD action, proposed action, delay or failure to act by the FSD in its administration of the IM or Food Stamp programs which affects participation in the programs. Examples of reasons an EU may request a hearing includes, but is not limited to, the following:

  • The EU was denied the right to apply; 
  • The FSD does not inform the EU of a decision on an application within a reasonable length of time;
  • The EUs application was rejected;
  • The EU’s amount of benefits and/or services, including changes in level of care, was reduced or terminated;
  • The EU requests an increase in benefits, and the request is denied;
  • The EU’s requests to add one or more individuals to their case is denied or not acted upon within the required time;
  • The form of payment is changed to a protective payee, vendor, or two-party payment;
  • The EU requests an increase in the spousal share upon application for vendor benefits by the institutionalized spouse, or the EU requests an increase in the monthly allotment to a community spouse or dependent;
  • The EU’s request for a hardship waiver from a transfer of asset penalty is denied;
  • The EU’s request for restoration of lost benefits is denied;
  • The EU is subject to collection or recoupment of an overpayment; or
  • The EU’s request for a covered Medicaid service is denied.