How to Appeal a TANF Denial in North Dakota: Fair Hearing Request

When You Get a Denial Letter

If your Human Service Zone denies a TANF child-only application — or reduces or terminates benefits you were already receiving — they must send you a written notice explaining the reason and your right to appeal. That appeal is called a fair hearing request, and North Dakota gives you the right to file one.

Read the denial letter carefully. The specific reason matters because it tells you exactly what evidence you need to provide at the hearing. Common reasons for child-only TANF denials include: the unit's countable income exceeds its Basic Standard of Need, the agency counted income that shouldn't have been counted (such as the caregiver's income in a child-only case), or the documentation of the caregiving arrangement was insufficient.

Filing the Fair Hearing Request

File your appeal in writing within 30 calendar days from the print date of the TANF notice of adverse action. You may use State Form Number SFN 162, but a signed written request is sufficient. The denial notice itself should explain how to request a hearing and provide the deadline.

Don't wait. If you file the fair hearing request before the effective date of a benefit reduction or termination, your existing benefits may continue at the previous level until the hearing is decided.

What Happens at a Fair Hearing

A fair hearing is an administrative proceeding — not a courtroom trial. An impartial hearing officer from HHS (someone not involved in the original decision) reviews the case. Both you and the Human Service Zone present evidence and explain your positions.

You can bring documents, witnesses, and a representative (an attorney, a legal aid advocate, or a friend who can help you explain your situation). The hearing officer will ask questions and review the policy manual sections that apply to your case.

Building Your Case

Gather everything that supports your position:

• The denial letter itself — so you know the exact reason to address
• Proof of the caregiving arrangement — the child's school records showing your address, medical records, mail addressed to you for the child
• Income documentation — showing the child has no income or only income below the threshold
• Proof that your income shouldn't count — if the denial incorrectly included your income in a child-only case, bring documentation showing you applied as a non-needy caretaker
• Program policy references — if the eligibility worker applied the wrong rule, citing the correct policy manual section strengthens your case

After the Hearing

The hearing officer issues a written decision. If the decision overturns the denial, the Human Service Zone must implement the correct benefits — including retroactive payments if benefits should have been approved earlier.

If the hearing upholds the denial, the decision letter will explain whether further review options exist. At that point, consulting with Legal Services of North Dakota (LSND) about your specific situation may be worthwhile, especially if you believe the hearing officer misapplied the law.

For a complete walkthrough of TANF child-only eligibility, the appeal process, and evidence-tracking worksheets, the North Dakota Kinship Financial Help guide covers every step from application to appeal.

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