How to Appeal a TANF Denial in Georgia

When DFCS Denies or Reduces Benefits

A TANF denial or reduction always comes with a written notice — called a Notice of Adverse Action — that explains the specific reason. Common reasons for child-only TANF cases include:

• Missing the due date on a written document verification request
• DFCS determining the child has countable income above the grant limit
• The caregiver not meeting the specified-degree relative requirement
• Missing a recertification deadline

The notice is your starting point. Read the stated reason carefully, because your appeal needs to address that specific issue — not just that you disagree with the outcome.

Your Right to a Fair Hearing

Georgia law gives you the right to request a fair hearing to challenge any TANF denial, reduction, or termination. The hearing is conducted by the Office of State Administrative Hearings (OSAH), which is independent from DFCS. You present your case to an administrative law judge who reviews the facts and DFCS's decision.

The deadline to request a hearing is 30 days from the date on the adverse action notice. To continue or reinstate benefits while the hearing is pending, request continuation within 14 days from the date of the decision notice. If the agency prevails, you may have to repay assistance continued during the appeal.

How to File an Appeal

You can request a fair hearing through several channels:

1. Georgia Gateway: Log in and submit a hearing request through your account
2. In writing: Send a written request to your county DFCS office stating that you want a fair hearing and the reason
3. By phone: Call your county DFCS office and ask to file a fair hearing request — they will document it

Include the case number from your adverse action notice, your name and contact information, and a brief explanation of why you believe the decision is wrong. You do not need a lawyer to request or attend a fair hearing, though legal aid organizations like Georgia Legal Services Program (GLSP) and Atlanta Legal Aid Society provide free representation for low-income residents in benefit disputes.

Preparing for the Hearing

Gather documentation that supports your case:

• The Notice of Adverse Action
• Copies of every document you submitted to DFCS (and proof of when you submitted them, if the issue is a missed deadline)
• Any correspondence with your caseworker — emails, letters, notes from phone calls with dates
• Evidence addressing the specific denial reason (for example, if DFCS says the child has income above the limit, bring documentation showing the child has no countable income)

At the hearing, the DFCS caseworker presents the agency's position, and you present yours. The judge reviews the facts against DFCS policy and issues a decision, usually within 90 days.

Annual Recertification

Even after approval, TANF benefits require periodic recertification. DFCS sends a renewal notice before the deadline — pay attention to the due date. Recertification typically involves confirming that the child still lives with you, the care arrangement has not changed, and the child's income status is the same.

You can complete recertification through Georgia Gateway. If you miss the deadline, contact DFCS promptly. TANF policy allows a simplified reapplication within 30 days after certain closures or denials when its conditions are met; ask DFCS whether your case qualifies. Set a calendar reminder when you receive the renewal notice — do not rely on a second reminder from DFCS.

If Your Benefits Are Reduced

A reduction (not a full denial) also comes with an adverse action notice and the same fair hearing rights. If DFCS reduces your child-only TANF because it counts income that should not be counted — for instance, attributing the caregiver's Social Security retirement to the child — that is a factual error worth appealing.

Request the hearing within 30 days, and request continuation within 14 days from the date of the decision notice if you want to continue or reinstate benefits while the appeal is pending.

The Georgia Kinship Financial Help Guide includes an appeal preparation worksheet and a timeline for every step of the process, so you know exactly what to file and when.

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