How to Appeal a TANF Denial in Mississippi: Fair Hearing Process

A denial letter from MDHS is not the end of the conversation. Mississippi law gives you the right to challenge any decision that denies, reduces, or terminates your TANF benefits through an administrative fair hearing. For kinship caregivers, these appeals are especially important — child-only TANF cases are frequently mishandled at the county level, where caseworkers sometimes apply standard household income rules to what should be a child-only case.

When to Appeal

You can request a fair hearing whenever MDHS:

• Denies your child-only TANF application
• Reduces the amount of the grant
• Terminates benefits
• Fails to act on your application within 30 days

The most common scenario for kinship caregivers: you applied for child-only TANF, the caseworker counted your Social Security or pension income, and the application was denied for exceeding income limits. That is a processing error — caregiver income is excluded in child-only cases — and it is exactly what the appeals process exists to correct.

How to File: Form MDHS-EA-305

The formal way to request a hearing is to submit Form MDHS-EA-305, titled "Request for a Hearing." You can get this form at your county MDHS office or request it by calling the MDHS Administrative Hearings Unit at 601-359-4921.

You can also file an appeal verbally — MDHS is required to accept oral hearing requests at your local county office. But filing in writing creates a paper trail. Keep a copy of everything you submit, and note the date, time, and the name of the person who received it.

Your request should include:

• Your name and the case number from the denial letter
• The specific action you are challenging (denial, reduction, or termination)
• Why you believe the decision is wrong
• Any supporting documents (the denial notice itself, proof that you are a non-parent caretaker, proof that the child has no income)

Timing Matters

For TANF, there is no specific day count published in the same way SNAP uses a 90-day window — but you should file as quickly as possible after receiving the adverse notice.

To request Aid Paid Pending, file before the effective date of the reduction or termination — typically within 10 calendar days of the notice. Your benefits can continue at the previous level while the hearing is pending. If you miss the effective-date deadline, the change may take effect while you wait for the hearing.

If the hearing officer ultimately upholds the agency's decision, you may need to repay benefits received during the appeal period. But for a child-only case where the denial was a processing error, the odds are in your favor.

What Happens at the Hearing

A hearing officer (not the same caseworker who made the original decision) reviews the facts. You can:

• Present documents and evidence
• Bring witnesses
• Explain your situation in your own words
• Have a representative speak for you (a legal aid attorney, an advocate, or a family member)

The hearing officer issues a written decision. If the decision favors you, MDHS must implement it — including back-paying any benefits you should have received.

SNAP and Medicaid Appeals Are Separate

If MDHS also denied your SNAP application, you file a separate hearing request with MDHS. SNAP appeals must be filed within 90 days of the notice.

Medicaid and CHIP denials go to a different agency entirely — the Division of Medicaid (DOM) Appeals Unit, not MDHS. Medicaid appeals must be filed within 30 to 60 days of the notice. Do not send a Medicaid appeal to your county MDHS office — it will not reach the right department.

Getting Help

If you're facing a denial and don't know where to start:

• Catholic Charities Kinship Navigator: 769-218-8436 — they can help you understand the notice and figure out next steps
• North Mississippi Rural Legal Services: 1-800-898-8731 (39 northern counties)
• Mississippi Center for Legal Services: 1-800-519-2915 (43 southern counties)

Legal aid attorneys can represent you at the hearing at no cost if you meet income guidelines (generally 125% FPL).

Our Mississippi Kinship Financial Help guide includes an appeal preparation worksheet and a submission log so you can track every document you file and every response you receive.

See more Mississippi guides →