How to Appeal a Colorado Kinship Benefit Denial

Denials Happen — Many Are Reversible

A denial letter from the county doesn't mean the answer is final. Kinship caregivers, especially those applying for child-only Colorado Works grants, face a higher-than-average denial rate partly because of how the PEAK portal and CBMS system handle non-needy caretaker cases. The system sometimes miscodes the household, counts the caregiver's income when it shouldn't, or misidentifies the relationship status.

If you received a denial and you believe you qualify, you have the right to appeal.

The 90-Day Window

When the county denies, reduces, suspends, or terminates benefits, it must send a written Notice of Action (NOA). From the date on that notice, you have 90 calendar days to request a formal administrative fair hearing. This applies to Colorado Works, SNAP, and Medicaid determinations.

Don't wait until day 89. The sooner you file, the sooner the process starts.

The 11-Day Rule for Keeping Benefits Active

If your benefits are already running and the county plans to reduce or terminate them, the NOA must be sent at least 11 calendar days before the action takes effect. If you file your dispute and request a hearing within that 11-day advance notice window, benefits continue at the current level until the hearing is decided.

This "aid paid pending" protection prevents a gap in the child's coverage while the dispute is resolved. One caution: if the hearing upholds the county's decision, you may be required to repay benefits received during the appeal period.

What the Hearing Looks Like

Administrative appeals go through the state Office of Administrative Courts (OAC), not the county office that made the original decision. You have the right to:

• Inspect your full case file before the hearing
• Submit documents and evidence supporting your case
• Present witness testimony
• Be represented by an attorney, legal aid lawyer, or authorized representative

Hearings can be conducted by phone, which matters for kinship caregivers who can't easily arrange child care for an in-person appearance.

Common Reasons Kinship Appeals Succeed

One issue kinship caregivers can raise is when the county counted the caregiver's income in a child-only Colorado Works case. Under 9 CCR 2503-6, Section 3.604.2.D.3.a, a specified caretaker who chooses not to receive assistance is excluded from the budgetary unit. If CBMS coded the case incorrectly, an appeal can ask the county to correct it.

Other common grounds: the county didn't accept alternative relationship documentation when a court order wasn't available, or the county required parental information that the caregiver couldn't provide (and the regulations allow alternative verification).

Where to Get Free Legal Help

Colorado Legal Services (CLS) provides free civil legal representation to eligible low-income residents, including for benefit appeals. Contact them at 1-800-521-6968 or apply online at applyonlinecls.org. If your income is above CLS limits, the Office of Administrative Courts can still guide you through the self-represented hearing process.

For a complete guide to navigating Colorado's kinship benefit system — including appeal preparation checklists and caseworker dialogue scripts — see our Colorado Kinship Financial Help guide.

See more Colorado guides →