South Dakota Fair Hearing: How to Appeal a Benefits Denial

The Deadline on That Notice Is Real

When DSS denies your application or reduces your benefits, you receive an adverse action notice in the mail. That notice contains a deadline. Miss it, and your right to appeal — and your right to keep receiving benefits while the appeal is processed — disappears.

Most kinship caregivers who lose benefits never file an appeal. They assume the decision is final, or they do not realize how short the window is. Filing is straightforward once you know the timelines.

Filing Deadlines by Program

Each program has its own appeal clock:

• SNAP: Within 90 days after the agency action or loss of benefits. Requests can be made in writing or verbally to DSS.
• TANF: 30 days from the notice date
• Medicaid: 30 days from the date the written notice was received
• CCAP: 30 days from the notice date (or as specified on the notice)

Keeping Your Benefits While You Appeal

If you are already receiving benefits and DSS sends a reduction or closure notice, you may be able to keep your current benefit level during the appeal process. The timing differs by program.

For TANF, request a hearing within 10 days of the notice date to continue benefits. For SNAP, request within 10 days after the adverse-action notice is mailed, and your certification period must not have expired. For Medicaid, request a hearing before the action's effective date to keep services in place. For CCAP, follow the continuation instructions in your notice.

For TANF or SNAP, the 10-day window is tight. If you receive a notice on Monday saying benefits will stop in 15 days, file promptly to preserve continued benefits.

One risk: if the administrative law judge (ALJ) ultimately upholds the agency's decision, you may be required to repay any benefits received during the appeal period.

Where to File

Fair hearings are conducted by the DSS Office of Administrative Hearings (OAH) in Pierre:

• Mail: Department of Social Services, Office of Administrative Hearings, 700 Governors Drive, Pierre, SD 57501
• Phone: 605-773-6851
• Email: [email protected]

For SNAP, you can make the request verbally — call the number above or tell your local DSS caseworker. For other programs, submit a written request.

What Happens at the Hearing

An impartial Administrative Law Judge hears both sides — you and the DSS representative. You can present documents, bring witnesses, and explain why the denial or reduction was wrong.

OAH's general decision timelines after a hearing request are 60 days for SNAP cases and 90 days in most other cases.

If the ALJ rules in your favor, DSS must restore or provide the benefits. If the decision goes against you, you can appeal to state circuit court within 30 days after the agency serves notice of its final decision under SDCL 1-26-31.

Free Legal Help

You do not need an attorney to file a fair hearing, but legal representation improves outcomes. Two organizations provide free legal aid to low-income South Dakotans:

• East River Legal Services (eastern SD counties): 1-800-952-3015
• Dakota Plains Legal Services (western SD and tribal communities): 1-800-658-2297

Both provide free civil legal help to eligible clients and list public-benefits matters among their service areas. Contact them to ask whether they can represent you at your hearing.

The South Dakota Financial Help Guide includes a fair hearing letter template and a deadline calculator so you can file your appeal on time with the right supporting documents.

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