How to Appeal a DPHHS Decision in Montana as a Kinship Caregiver

When to Appeal

If DPHHS denies, reduces, or terminates your TANF, SNAP, Medicaid, or other benefits, you have a statutory right to challenge the decision through an administrative fair hearing. The notice of adverse action from DPHHS will explain what happened and why. Read it carefully — sometimes the denial results from a missing document rather than actual ineligibility, and a quick phone call to your caseworker can resolve it without a formal appeal.

But when the decision is wrong or you disagree with how the rules were applied, the fair hearing process exists to protect you.

The 90-Day Filing Deadline

You have 90 calendar days from the date the adverse action notice was mailed to file a written hearing request with the DPHHS Office of Administrative Hearings (PO Box 202953, Helena, MT 59620-2953). Missing this deadline means you lose the right to challenge that specific decision.

Mark the date on your calendar the day the notice arrives. If you are managing benefit applications for a grandchild alongside your own household paperwork, the notice can easily get buried.

Keeping Benefits Running During the Appeal

For Medicaid and SNAP, you can generally request that benefits continue at the current level while the appeal is pending. The request must be made before the adverse action's effective date. If DPHHS did not send timely notice, you have 10 days from when you received the notice to request continuation.

There is a risk: if the hearing officer upholds the DPHHS decision, you may be required to repay benefits received during the appeal. But if the decision is overturned, your benefits continue without interruption.

What Happens During the Process

1. Informal conference: DPHHS first conducts an informal review — checking calculations, examining whether documents were missing, and attempting resolution. This conference does not void your right to a formal hearing.
2. Formal hearing: A Hearing Officer presides over a hearing where you can present testimony and documents. The officer reviews DPHHS's application of the rules to your case and issues a binding decision.

You can represent yourself, bring a family member for support, or contact Montana Legal Services Association (1-800-666-6124) for free legal assistance if you are income-eligible.

Common Reasons Kinship Caregivers Appeal

• TANF child-only grant denied because the caseworker incorrectly counted the caregiver's income
• SNAP household composition calculated wrong (including or excluding the wrong people)
• Medicaid coverage terminated for a renewal paperwork issue that was submitted on time
• Benefit amount calculated below what the payment standards allow

Each of these involves the caseworker's application of rules — and each can be corrected through the hearing process with the right documentation.

Staying Organized

The best defense against a bad decision is a paper trail. Log every submission date, caseworker name, and confirmation number. Keep copies of everything you send to DPHHS. The Financial Help for Grandparents and Relatives Raising a Child in Montana guide includes tracking templates for submission records and appeal deadlines.

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