How to Appeal a TANF Denial in Pennsylvania: Fair Hearing Process for Kinship Caregivers

The CAO Denial Letter Is Not the Final Word

When the County Assistance Office denies a child-only TANF application — or reduces or terminates benefits you were already receiving — you have the legal right to appeal. The same process applies to SNAP and Medical Assistance decisions. For Child Care Works, follow the appeal directions and deadline in the notice.

Grandparents and relatives raising children often accept a denial and walk away, assuming the caseworker's decision is final. It is not. Pennsylvania law gives you a formal hearing before an independent Administrative Law Judge at the DHS Bureau of Hearings and Appeals, and the process is straightforward enough to handle without a lawyer (though free legal help is available).

The Two Deadlines That Matter

Every CAO denial or reduction notice includes a mail date printed on the letter. Two clocks start from that date:

10 to 13 calendar days — Aid-Paid-Pending. If you file your appeal within this window, your benefits continue at their current level while the appeal is decided. This is critical if you are already receiving TANF or SNAP and the CAO is cutting or ending your benefits. The trade-off: if you lose the appeal, the CAO can seek repayment for benefits paid during the appeal period.

30 calendar days — standard appeal deadline. You have 30 days from the notice mail date to file an appeal. If you file after 13 days but within 30, you get a hearing, but benefits do not continue while you wait. If you miss the 30-day window entirely, you lose the right to appeal that specific decision.

Phone calls to the CAO do not count as an appeal and do not extend either deadline.

How to File the Appeal

The appeal must be in writing. You can:

• Write a letter to the DHS Bureau of Hearings and Appeals stating that you disagree with the CAO decision, include your case number, and describe why the denial is wrong
• Use the appeal form included with the denial notice (if one was provided)
• Submit through your caseworker at the County Assistance Office, who is required to forward it

Mail the appeal to the address on the denial notice, or hand-deliver it to the CAO. Keep a copy of everything you send, with the date you sent it.

What Happens at the Hearing

The Bureau of Hearings and Appeals assigns an Administrative Law Judge (ALJ) to your case. Hearings are typically conducted by phone, though you can request in-person. Here is what to expect:

1. Pre-hearing conference — the ALJ may schedule a call to narrow the issues and see if the CAO will reverse its decision voluntarily
2. Formal hearing — you explain your side, the CAO representative explains theirs, and the ALJ asks questions
3. Evidence — bring everything: the denial letter, your TANF application, proof of the child's residence, birth certificates showing the kinship relationship, income documents, and any correspondence with the CAO
4. Decision — the ALJ issues a written decision after the hearing

If you win, benefits are restored retroactively to the date they were improperly denied or reduced. If you lose, read the written decision for any available next review step and its deadline.

Common Reasons Kinship TANF Appeals Succeed

Many denials stem from CAO errors that are straightforward to correct at a hearing:

• Caseworker counted the caregiver's income — under 55 Pa. Code § 141.41, the non-needy caretaker-relative's income and assets are completely excluded from child-only TANF. If the denial mentions your pension, Social Security, or wages, that is an error.
• Relationship not properly documented — the CAO may not have recognized that you qualify as a specified relative (within the fifth degree of kinship). Birth certificates and a family tree diagram can resolve this.
• Missing documents the CAO never requested clearly — if the CAO denied for "failure to provide verification" but never sent a specific request letter, the denial may be procedurally defective.
• Duplicate benefit confusion — the CAO flagged the child as already receiving TANF under a parent's case. Evidence that the child now lives with you (school records, doctor visits) forces a recalculation.

Free Legal Help With Appeals

You do not have to handle the appeal alone:

• SeniorLAW Center (1-877-727-7529) — free legal advice for caregivers 60 and older, statewide
• Community Legal Services of Philadelphia (215-981-3700) — legal representation for Philadelphia County kinship families
• Neighborhood Legal Services (1-866-761-6572) — covers Allegheny, Beaver, Butler, and Lawrence counties
• MidPenn Legal Services (1-800-326-9177) — 18 counties in central Pennsylvania
• PA Legal Aid Network (1-800-322-7572) — connects you to the nearest legal aid office

The Guide Walks Through the Full Process

The Pennsylvania Kinship Financial Help Guide includes a Fair Hearing Request Letter template you can fill in and send, plus the Benefit Tracking Calendar showing exactly when the 10-13 day Aid-Paid-Pending window and 30-day appeal deadline fall. It also covers what specific evidence to bring for each type of denial — TANF, SNAP, Medical Assistance, and Child Care Works.

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