Maryland Benefit Denial Appeal Process for Kinship Caregivers

When a TCA child-only grant, SNAP application, or Medicaid case is denied or reduced, you have the right to challenge that decision through an administrative hearing. Most kinship caregivers never file an appeal — often because they do not know the option exists, or they miss the deadline. The deadline is strict, and the process is straightforward once you understand it.

The 90-Day Window

For TCA, SNAP, and Medicaid decisions, the general deadline is 90 calendar days from the notice. For disputes about the current SNAP benefit amount, you can appeal any time during the current certification period. If you miss the applicable deadline, your request may be treated as untimely.

For TCA and SNAP, you can request the hearing by submitting Form DHS-FIA 334 (Request for Fair Hearing) to the local DSS, or by sending a written letter stating that you disagree with the decision and want a hearing. A written request does not need to be on the official form to be valid — but using DHS-FIA 334 ensures the local office processes it correctly.

If you were already receiving benefits, requesting a hearing within 10 days of the notice may let you keep receiving them while you wait, unless your benefit period ends. For Medicaid, the 10-day continuation period runs from the latest of the notice date, postmark, or effective date of the action. This "aid pending" protection is critical if the state is trying to reduce or terminate current benefits.

What Happens at the Hearing

The hearing is conducted by the Maryland Office of Administrative Hearings (OAH), an independent body separate from the Department of Human Services. An Administrative Law Judge reviews the evidence, hears testimony from both you and the agency, and issues a written decision.

You do not need a lawyer, though free legal aid through Maryland Legal Aid or the Maryland Volunteer Lawyers Service may be available depending on your income. Bring every document that supports your case: the denial notice, your application, proof of the child's identity and residency, income documentation (or documentation of zero income), and any correspondence with the caseworker.

Common Grounds for Appeal

For kinship caregivers, the most frequent appeal scenarios are:

• Income miscalculation — the caseworker counted your personal income against the child-only grant when it should have been excluded
• Missed interview denial — you tried to reach the office or were never notified of the interview date
• Document submission dispute — you submitted documents by the deadline, but the office says they were not received
• Child support non-cooperation — you were denied for not cooperating with CSEA, but you qualify for a Good Cause Exemption

After the Decision

The ALJ's final decision is binding on the agency. If you win, the agency must take corrective action retroactive to the date the incorrect action was taken; SNAP benefit restoration is limited to 12 months before the earlier of the restoration request or the agency's discovery of the loss. If OAH issues a proposed decision, you may file exceptions with the Secretary within 10 calendar days of receiving it (receipt is presumed 3 business days after mailing). A request for reconsideration of a final decision within 30 days is limited to a material error of law or fact, or fraud, mistake, or irregularity. A petition for judicial review must be filed in Circuit Court within 30 days of notice of the final decision.

The Maryland Financial Help Guide includes an appeal preparation checklist and a timeline tracker to make sure you file within the 90-day window and bring the right evidence to the hearing.

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