Vermont Reach Up Denial Fair Hearing: How to Appeal a Benefit Decision

When You Have the Right to a Fair Hearing

If ESD denies your Reach Up Child Only application, reduces your grant, or terminates benefits, you have the right to challenge that decision through a formal fair hearing at the Human Services Board. This right applies to every adverse decision — not just denials, but also benefit reductions, overpayment claims, and child support cooperation determinations.

The notice you receive from ESD must explain the reason for the decision and tell you how to request a hearing. Read that notice carefully. The stated reason tells you exactly what evidence you need to bring.

How to Request a Hearing

File your request with the Human Services Board. You can do this:

• In writing: send a letter to the Human Services Board stating you want a fair hearing and identifying the decision you're challenging
• By phone: call the Human Services Board directly

There are deadlines. If you request a hearing within 10 days of receiving the adverse notice, your current benefits continue at the existing level until the hearing is decided. If you file after 10 days but within the appeal period, your benefits may stop while the hearing is pending.

Filing within that 10-day window is important if you're depending on the grant for the child's basic needs.

What Happens at the Hearing

A fair hearing is an administrative proceeding — less formal than court, but your testimony is under oath. You can:

• Present documents supporting your case (proof of the child's living situation, income records, application materials, any correspondence with ESD)
• Explain your side of the situation
• Bring a representative — an attorney, a legal aid advocate, or a friend who can help present your case
• Question the ESD representative about the basis for the decision

The hearing officer is independent of ESD and DCF. They review the evidence and issue a written decision.

Common Reasons for Denial — and What to Do

Many Reach Up Child Only denials happen because of documentation issues, not actual ineligibility:

• Missing proof that the child lives with you: provide school enrollment records, a pediatrician letter showing your address, or a sworn caregiver statement
• Confusion about income counting: ESD may have incorrectly counted your income. Bring evidence showing you're a non-needy caretaker and that only the child's income should count
• Child support cooperation issue: if you didn't respond to an OCS request, explain whether you need a good cause waiver or simply missed a deadline
• Filing the wrong form: if you used Form 202 instead of Form 202CARE, ESD may have applied adult-inclusive rules to your case

A denial based on incorrect information or a documentation gap is often fixable at the hearing stage.

Getting Help From Vermont Legal Aid

Vermont Legal Aid and Legal Services Vermont provide free legal assistance for fair hearings. If you meet their income eligibility guidelines, they can represent you at the hearing, help you prepare evidence, and advise you on the strength of your case.

Contact them through vtlawhelp.org or call before your hearing date to give them time to review your situation. The Health Care Advocate (1-800-917-7787) can also help with health coverage disputes if your Dr. Dynasaur or Vermont Health Connect application was denied alongside Reach Up.

Prevention Is Better Than Appeal

Most denials can be prevented by submitting complete documentation with the initial application. Gathering proof of the child's living arrangement, the child's income (or lack of income), and your relationship to the child before you file Form 202CARE reduces the chance of a denial based on missing information.

Our Financial Help for Grandparents and Relatives Raising a Child in Vermont guide includes a pre-application document checklist and a verification worksheet designed to catch the gaps that trigger denials — so you get it right the first time and avoid the fair hearing process entirely.

See more Vermont guides →