DC TANF and SNAP Denial Appeal: How to Request a Fair Hearing

When a Denial or Reduction Is Wrong

Benefit denials happen for specific administrative reasons — a missing document, a miscalculated household unit, a caseworker error. When DHS denies, reduces, suspends, or terminates your TANF or SNAP benefits, you receive a written notice explaining the reason and your right to appeal. That appeal is called a fair hearing, and it is heard by the DC Office of Administrative Hearings (OAH), an independent administrative court separate from DHS.

For kinship caregivers, the most common denial errors involve household composition. A caseworker may incorrectly include the caregiver's income in a child-only TANF calculation, fail to recognize alternative caregiving documentation, or misclassify the household unit for SNAP.

How to Request a Fair Hearing

File your request with OAH in writing. The notice you received from DHS will include instructions and a form. You can also request a hearing by contacting OAH directly. Keep a copy of everything you submit.

Deadlines vary by program. For SNAP, file a hearing request within 90 days of the postmark date on DHS's notice. To keep your current benefit level while appealing a reduction or termination, request the hearing within the period stated in the adverse-action notice and before your certification period ends. ERAP appeals must be requested within 90 days of the eligibility decision.

Aid Paid Pending (Continued Benefits)

If you request a SNAP hearing within the period stated in the adverse-action notice and before your certification period ends, your participation continues at the previously authorized level while OAH reviews the case, unless you waive continued benefits. This is called "aid paid pending."

The risk: if OAH upholds the agency's decision, you may be required to repay the benefits received during the appeal period.

What Happens at the Hearing

OAH hearings are administrative, not criminal. About 86% of public benefit appellants at OAH appear without a lawyer. You present your case, explain why the denial was incorrect, and submit evidence — pay stubs, caregiving documentation, bank statements, or other records that address the specific reason for denial.

DHS sends a representative who explains the agency's decision. The administrative law judge reviews both sides and issues a written decision.

Common Kinship-Specific Appeal Arguments

Child-only TANF denied because caregiver income was counted. The caregiver's income must be excluded from a child-only case. If DHS included your pension or wages in the eligibility calculation, the denial may be incorrect.

TANF denied for lack of custody documentation. D.C. law does not list a court custody order as a universal TANF eligibility condition. It defines eligible caretaker relatives and when a caregiver may be included in the child's assistance unit. If DHS's notice cites the absence of a court order, compare the stated reason with the applicable TANF eligibility rules and ask for review if it does not fit them.

SNAP household incorrectly composed. If DHS included a household member who does not purchase and prepare meals with you, or failed to apply the elderly/disabled deduction, the allotment calculation may be wrong.

Free Legal Help for Appeals

DC KinCare Alliance offers free legal representation for benefit appeals through their helpline at (202) 505-5803. Legal Aid DC and the DC Bar Pro Bono Center also handle these cases. Having an attorney does not change the hearing process, but it helps when the denial involves a technical eligibility rule the caseworker misapplied.

For a complete guide to navigating DC benefit applications, appeals, and recertification — including a fair hearing tracker and document checklist — see the DC Kinship Financial Help Guide.

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