South Carolina TANF Denial Appeal and Fair Hearing Process

Your Right to Appeal

If SCDSS or SCDHHS denies, reduces, or terminates your benefits — or fails to act on your application within the required processing time — you have a statutory right to request a fair hearing. This applies to Family Independence (TANF), SNAP, Medicaid, and KinGAP decisions.

For SCDSS programs, submit DSS Form 2633 to SCDSS. Medicaid appeal requests go to SCDHHS under its appeal process. You do not need a lawyer to file, though South Carolina Legal Services offers free representation for eligible low-income families.

Appeal Deadlines by Program

Each program has its own filing window measured from the date on the adverse notice:

• Family Independence (TANF): 60 calendar days
• SNAP (food assistance): 90 calendar days
• Healthy Connections Medicaid: 30 calendar days
• KinGAP / child welfare decisions: 30 calendar days

Missing the deadline forfeits your right to challenge that specific decision. Mark the date on your adverse notice and count forward.

The 10-Day Continuation Rule

This is the most valuable protection most caregivers do not know about. If you are already receiving benefits and the agency sends a notice reducing or closing them, filing an appeal and requesting a fair hearing within 10 calendar days of that notice may continue your benefits at the previous level until the hearing officer issues a decision.

The 10-day window is not the appeal deadline itself — that is 60 or 90 days depending on the program. The 10-day window specifically preserves your existing benefit amount during the appeal period.

If the hearing officer upholds the agency's decision, you may need to repay the difference. But if the decision is reversed, you never lost coverage.

Common Reasons for Denial

For kinship caregivers applying for child-only Family Independence, the most frequent errors are:

Caseworker counts caregiver income under adult-included rules. Under child-only rules, your Social Security, pension, and wages are 100% excluded. If your application was denied because your income exceeds the $2,053 monthly gross limit for a three-person household, that limit applies to caregiver-included grants, not child-only.

Missing verification documents. Incomplete applications are common when caregivers cannot immediately produce the child's birth certificate or proof of residency. SCDSS must give you a reasonable opportunity to submit missing documents before denying the application.

Household composition error. The way household members are listed on Form 3800 determines whether the case is processed as child-only or caregiver-included. An error here changes the entire income calculation.

How to Prepare for a Fair Hearing

Gather everything:

• The adverse notice with the date and reason for denial
• Your copy of Form 3800 and any documents you submitted
• Any written communication from your caseworker
• The specific TANF Policy Manual provision that supports your case (Volume 65, child-only rules for non-needy caretakers)

At the hearing, a hearing officer reviews the evidence from both sides and issues a written decision. You can bring a representative — a lawyer, a family member, or a community advocate from SC Thrive or the Kinship Navigator program.

Where to Get Help

• South Carolina Legal Services: free legal representation for low-income families — sclegal.org or (888) 346-5592
• SC Bar Lawyer Referral: modest-means referrals for family law — scbar.org or (800) 868-2284
• SC Thrive: free application assistance — scthrive.org or (800) 726-8774

The South Carolina Kinship Financial Help Guide includes an application tracking log and appeal deadline calendar specifically designed for grandparents and relatives navigating these systems.

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