Texas TANF Denied: How to Appeal and Request a Fair Hearing

Read the Denial Notice First

When HHSC denies a TANF application or terminates existing benefits, they mail a written notice explaining the reason. This notice is the single most important document in the appeal process because it tells you exactly what HHSC based its decision on — and that is what you need to challenge.

Common denial reasons for kinship caregivers include:

• Income over the limit — often because the caregiver's income was counted when it should not have been (Child-Only payee cases exclude caregiver income entirely)
• Resources over the limit — bank balances or assets exceeding the threshold
• Missing documentation — HHSC requested verification and did not receive it within the deadline
• Child not meeting residency or citizenship requirements
• Already receiving benefits in another state

Before doing anything else, check whether the denial was based on a data entry error. If HHSC counted your income on a Child-Only case, that is not a policy denial — it is a mistake in how the case was coded. Sometimes a phone call to your caseworker resolves it faster than a formal appeal.

The 90-Day Fair Hearing Deadline

You have 90 days from the date on the denial or termination notice to request a Fair Hearing. If you miss the deadline, you may still request a hearing and explain why it was late; the hearings officer decides whether you had good cause.

If HHSC is reducing or terminating benefits you are currently receiving (not a new application denial), request a Fair Hearing within 13 days of the notice date to preserve "aid paid pending" when the notice says continued benefits are available. Some adverse actions do not qualify, so follow the notice's instructions. If you receive continued benefits and the hearing officer upholds HHSC's decision, the state may seek repayment.

How to Request a Fair Hearing

Follow the request instructions on your notice. If you do not have a notice, contact 2-1-1 or visit your local HHSC office. HHSC says appeals may be requested in person, by phone, fax, or mail; use the contact details on your notice for fax and mailing requests.

Your request can be simple. A written statement can say "I disagree with the decision dated [date] regarding TANF case [case number] and request a Fair Hearing." Include the reason you disagree and any facts that support your position.

For kinship cases, the most common argument is: "My income should not have been counted because I applied as a non-needy payee for Child-Only TANF. Under the Texas Works Handbook, the caregiver's income is excluded from the eligibility determination for non-needy caretaker relative cases."

What Happens at the Hearing

A Fair Hearing is conducted by an HHSC fair hearings officer — not by the caseworker who denied your application. Hearings are held by conference call; you may request a face-to-face hearing for good cause, which the hearings officer decides.

You will have the opportunity to:

• Explain your situation and why you believe the decision was wrong
• Present documents (income records, proof of relationship, the child's information)
• Ask questions about the evidence HHSC relied on
• Bring a representative — a friend, family member, social worker, or attorney

HHSC is required to present the policy basis for its decision. If the caseworker miscoded your application, the Hearings Officer can identify that and order a correction.

You will receive a written decision within the program's decision timeline. For programs such as TANF, the timeline is generally 90 days, though the hearings officer will provide the actual due date and an extension may be possible. If you win, HHSC will follow the hearing decision about benefits.

When to Reapply Instead

Not every denial requires an appeal. If the denial was based on missing documents and you now have them, filing a new application is often faster than going through the Fair Hearing process. A new application restarts the 30-calendar-day processing clock.

Reapplication also makes sense if your circumstances have changed — for example, if you were over the resource limit when you first applied but have since spent down to $1,000 or less for OT-TANF eligibility.

The choice between appealing and reapplying depends on timing. If you believe HHSC made an error, appeal — a successful appeal awards retroactive benefits. If the denial was correct based on your situation at the time but things have changed, reapply.

Preventing Benefit Termination

Existing benefits get terminated when HHSC does not receive renewal paperwork by the redetermination deadline. Texas requires periodic reviews — typically every six months or annually depending on the program. HHSC mails renewal forms with a due date. Missing that date is the leading cause of benefit loss for kinship families, and it happens because notices go to an old address or get buried in daily mail.

Track your renewal dates separately from HHSC's notices. Our Texas Kinship Financial Help Guide includes a benefit tracking calendar and a pre-formatted Fair Hearing request letter so you can file immediately if a denial or termination arrives.

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