NH DHHS Fair Hearing: How to Appeal a Benefits Denial

A letter arrives from DHHS saying your grandchild's benefits have been denied, reduced, or cut off. The notice looks final, but it isn't. Every BFA decision comes with the right to appeal through a fair hearing — and if you act quickly, benefits can continue while the appeal is decided.

What Triggers an Appeal

BFA issues a written Notice of Decision (NOD) whenever benefits are approved, denied, reduced, or terminated. The notice explains the specific reason, the legal authority, the effective date, and your appeal rights. Common triggers for kinship caregivers:

• FANF child-only grant denied because the household was miscoded as a standard family instead of a non-needy caretaker relative
• SNAP benefits reduced after a redetermination because deductions weren't properly applied
• Medicaid coverage terminated for procedural non-return of renewal paperwork
• Benefits calculation error (wrong income counted, incorrect assistance group size)

Filing Deadlines

The clock starts from the date on the notice — not the date you receive it:

• FANF and Medicaid: 30 calendar days
• SNAP: 90 calendar days (requests can be oral or written)
• WIC: send a written fair hearing request within 60 days of receiving a notice of denial, suspension, or disqualification
• Summer EBT: 90 calendar days after the summer operational period

These deadlines are strict. A phone call to your caseworker asking "why was this denied?" does not preserve your appeal rights. You need to submit a formal hearing request.

Aid Continuing

If you file your appeal within 15 days of the decision, request continued benefits, and are eligible for them, contact your district office so it can continue benefits at the previous level while the appeal is pending. Continued benefits are not available in all cases. This is called "aid continuing."

The catch: if the hearing officer upholds BFA's original decision, you may need to repay the benefits received during the appeal period. But if you were right and the decision gets reversed, there's no interruption in coverage. For most kinship caregivers, the risk of a gap in the child's cash or health coverage outweighs the repayment risk.

How the Hearing Works

Fair hearings are conducted by impartial Hearing Officers from the DHHS Administrative Appeals Unit — not by the caseworker who made the original decision.

Your rights at the hearing:

• Inspect your complete BFA case file before the hearing
• Present evidence and testimony
• Bring witnesses
• Cross-examine agency staff
• Bring a lawyer, legal aid advocate, or Authorized Representative
• Request a language interpreter or ADA accommodations at no cost

The hearing can happen by phone or in person. You don't need a lawyer, but having one helps — especially if the dispute involves complex income calculations or coding errors.

Getting Help with Appeals

603 Legal Aid (1-800-639-5290 or 603-224-3333): free civil legal intake for low-income residents. They handle benefit denials, administrative hearings, and guardianship issues.

New Hampshire Legal Assistance (NHLA): provides direct legal representation in complex fair hearings. Access through 603 Legal Aid or nhlegalaid.org.

Kinship Navigator Program: Navigators can help you understand a notice and connect you with legal resources. Email [email protected] or call 1-844-ASK-DHHS.

Redetermination: Preventing Problems Before They Start

Most benefit interruptions for kinship caregivers aren't outright denials — they're redetermination lapses. BFA requires periodic redetermination (Form 800R) every 6 to 12 months. Missing the deadline triggers automatic case closure.

If your case closes for procedural non-return of paperwork, BFA can reopen it without a new application within 30 days of closure. For Medicaid specifically, you have 90 days to reinstate coverage retroactively.

Mark your redetermination dates on a calendar the day you receive them. The complete New Hampshire kinship financial help guide includes tracking worksheets for deadlines, notices, and appeal windows — built for the specific complexity of managing multiple programs at once.

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