SNAP: SNAP Hearing Process

Required form: 13MP001E (H-1)

Hearing Request – means a clear expression by a client or authorized representative of the client’s desire to contest an action, or failure to act, by DHS through the presentation of testimony and evidence to an Administrative Hearing Officer (AHO).

It is important to remember that for SNAP a client can request a hearing verbally the 13MP001E (H-1) Form is not required.

  • If the client requests the appeal orally, you will make a case note, and complete the H-1 the same day of the verbal request and send it to the Appeals Unit at State Office without the client summary or signature.

Who will be responsible for completing the Fair Hearing process?

  • The worker who took the action the client is contesting will be responsible for filing the hearing summary. It will not automatically go to the currently assigned worker.
  • When the hearing request is taken in by the local county office it will be important for the reviewer assigning the hearing to look up the case and make sure the request goes to the correct worker of action.
  • The only exceptions to this rule of the hearing process being completed by the worker of action is:
    1. The worker is no longer with the division.
    2. The action was taken by Benefit Integrity Recovery (BIR).
    3. The action was taken by Office of Inspector General (OIG).

*If any of these three apply to the client’s case that filed a fair hearing request, the action will be completed by the current worker of record.

Hearing Requests Granted If

  1. The application is denied.
  2. The eligibility decision has not been made within 30 days.
  3. Requested changes have not been made within 10 days.
  4. A decision regarding the loss of benefits occurred in the previous 90 days.
  5. The applicant does not agree with policy as applied in the decision on their application.
  6. The applicant does not agree with administration of the program which affects the household’s benefits.

Hearing Request on a Closure

  • When the client provides a 13MP001E (H-1) and checks the box to continue benefits within 10 days of the date of the notice of change or termination of their case, the worker will reopen the case back to the previous case certification information.
  • Re-open the SNAP benefits on reason code 180 – an administrative procedure.

Create the 1st Hearing Packet

  • 13MP001E (H-1)
  • Notice from IMS/Disc Image on the action being appealed
  • You will create a package in imaging and label it Fair Hearing for your records
  • Send this immediately to the Appeals Unit at State Office

*Within 10 to 20 days you will receive a notice from the Appeals Unit with a date and time for the Fair Hearing. When you receive this notice you send your Hearing Summary.

Hearing Summary

  • This is your 2nd packet to your hearing process and it will contain your evidence and documentation for your case action decision that is being contested by the client.
  • This packet should include:
    1. Copy of the notice being contested – adverse action mailed to client
    2. Copy of the 1st Packet you sent to the Appeals Unit
    3. Copy of the notice with hearing date that the Appeals Unit sent you
    4. H-1A – explanation of the action being contested
    5. Copy of the policy supporting the action taken
    6. ADM-92
    7. Verifications provided by the client
    8. Case Notes
    9. FSCALC if the case involves an overpayment
    10. Any OIG reports if applicable
    11. FSP-10 if applicable

* Now make a total of three sets of your 2nd hearing packet and send them to: The Appeals Unit, The Client, and your permanent file in imaging labeled “Fair Hearing SNAP for the case record.

**It is very important to note that you must have the Hearing Summary Packet into the client’s hand no later than 5 business days before the Fair Hearing.**

340:50-13-2
340:2-5-64

Comments or Suggestions?

We want Quest to be your source for important information that you need to succeed at in your work but we need your help:

Was this article helpful? Was it missing something you needed to get the job done?

Tell us what you think, what you know about this article. What are we doing well, and what we could do better.

All fields are required.