Appeals and Fair Hearings

This page explains how to file an appeal for an eligibility decision for public assistance programs. 

Your Rights to Appeal or Request a Fair Hearing

If you disagree with a decision from the Department that impacts your eligibility or benefits you receive, you have the right to appeal that decision. The process for appealing a decision or requesting a fair hearing depends on the program that you are refuting.

Appeals and Fair Hearings

An appeal is also referred to as a fair hearing. If we made a decision about your benefits that you do not agree with, you can request an appeal. The Department’s first step will include contacting you to discuss your concerns and reviewing the case to ensure eligibility and benefits were calculated accurately.

The hearing is your chance to explain why you disagree with the Department's decision. Most hearings are conducted telephonically. During the hearing, you will have the opportunity to have the decision you are appealing reviewed by a 3rd party, independent hearing officer (similar to a judge). You will have the opportunity to present information to the hearing officer to show why you disagree with the Department's decision on your case. At the hearing, you may represent yourself, use legal counsel, a relative, a friend, or other spokesperson. The Department will provide supporting documentation regarding their eligibility decision for your household. The hearing officer will make a decision based on the information both sides provide and the applicable program rules. 

There are different timelines for requesting an appeal or fair hearing. These timeframes begin the date the Department gave or mailed you a notice.

Find more information, instructions, and appeal forms, select a program below.

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Cash Assistance

Temporary Assistance for Families in Idaho (TAFI) and Aid to the Aged, Blind, and Disabled (AABD Cash)

If the Department denies or discontinues your cash assistance benefits, and you disagree with that decision, or you believe the amount of benefit you receive is incorrect, you have the right to file an appeal. 

You have 30 days from the date on your notice about the decision to file an appeal.

 

How to file an appeal

You can file an appeal in one of the following ways:

  • Submit a request for an appeal by completing the Fair Hearing Request form and mailing it to us.
  • Request an appeal in writing by mail, email, or fax. You may be asked to complete the Fair Hearing Request form.
  • Call us to request an appeal. When you call, you may be asked to submit a request in writing or complete the Fair Hearing Request form.
File your appeal
By Mail:

Self-Reliance Programs
P.O. Box 83720
Boise, ID 83720-0026

By Email:

mybenefits@dhw.idaho.gov

By Fax

1-866-434-8278 (toll free)

By Phone

1-877-456-1233 (toll free)

 

In some instances, you may be able to continue receiving your benefits while your appeal is being considered. If your appeal is denied, you will be responsible to repay any benefits you received during this time period. If you want to continue receiving benefits during your appeal process, you must let us know within 10 days of the date of the notice.

The hearing is your chance to explain why you disagree with the Department's decision. Most hearings are conducted telephonically.  During the hearing, you will have the opportunity to have the decision you are appealing reviewed by a 3rd party, independent hearing officer (similar to a judge). You will have the opportunity to present information to the hearing officer to show why you disagree with the Department's decision on your case. At the hearing, you may represent yourself, use legal counsel, a relative, a friend, or other spokesperson. The Department will provide supporting documentation regarding their eligibility decision for your household. The hearing officer will make a decision based on the information both sides provide and the applicable program rules. 

Child Care Assistance

Idaho Child Care Program (ICCP)

If the Department denies or discontinues your ICCP benefits, and you disagree with that decision, or you believe the amount of benefit you receive is incorrect, you have the right to file an appeal. 

You have 30 days from the date on your notice about the decision to file an appeal.

 

How to file an appeal

You can file an appeal in one of the following ways:

  • Submit a request for an appeal by completing the Fair Hearing Request form and mailing it to us.
  • Request an appeal in writing by mail, email, or fax. You may be asked to complete the Fair Hearing Request form.
  • Call us to request an appeal. When you call, you may be asked to submit a request in writing or complete the Fair Hearing Request form.
File your appeal
By Mail:

Self-Reliance Programs
P.O. Box 83720
Boise, ID 83720-0026

By Email:

mybenefits@dhw.idaho.gov

By Fax

1-866-434-8278 (toll free)

By Phone

1-877-456-1233 (toll free)

 

In some instances, you may be able to continue receiving your benefits while your appeal is being considered. If your appeal is denied, you will be responsible to repay any benefits you received during this time period. If you want to continue receiving benefits during your appeal process, you must let us know within 10 days of the date of the notice.

The hearing is your chance to explain why you disagree with the Department's decision. Most hearings are conducted telephonically.  During the hearing, you will have the opportunity to have the decision you are appealing reviewed by a 3rd party, independent hearing officer (similar to a judge). You will have the opportunity to present information to the hearing officer to show why you disagree with the Department's decision on your case. At the hearing, you may represent yourself, use legal counsel, a relative, a friend, or other spokesperson. The Department will provide supporting documentation regarding their eligibility decision for your household. The hearing officer will make a decision based on the information both sides provide and the applicable program rules. 

Child Support

Child Support Services (CSS)

For many enforcement actions taken by the Department’s Child Support program, you have the right to request a hearing or administrative review.

Hearings

You may request a Hearing when either:

  • You are notified that the Department intends to suspend a license(s), or
  • You are notified that the Department has frozen a financial account and intends to withhold the financial asset.

If you request a hearing, you and the Department may present evidence to a third-party hearing officer. The hearing officer may uphold or suspend (prevent) the Department’s enforcement action.

Requests for a hearing must be received in writing within the following timeframes:
  • For a financial asset seizure, you have 14 calendar days from the date on your notice.
  • For a license suspension, you have 21 calendar days from the date you receive the notice. 

Administrative Reviews

You may request an administrative review for enforcement actions such as:

  • Lottery winning offset
  • Insurance enrollment
  • Tax offset
  • Unemployment Insurance Benefit (UIB) withholding
  • Credit reporting
  • Lien filing
  • PERSI withholding order
  • Income Withholding Order (IWO)
  • Wage Withholding Order (WWO)

An administrative review is completed by the Department. It allows you to explain or provide documentation as to why the enforcement action is not correct. The Department reviews the information and determines if the enforcement action is correct according to program rules and the facts of your case.

How to request a hearing or administrative review

You can request a hearing or administrative review by completing and returning the form included in your notice (only provided for some enforcement actions) or submitting a request in writing.

Request your Hearing or Administrative Review in writing using one of the following methods:

By Mail:

Idaho Child Support
P.O. Box 83720
Boise, ID 83720-5302

By Email:

childsupport@dhw.idaho.gov

By Fax

1-855-349-2408 (toll free)

 
Food Assistance

Supplemental Nutrition Assistance Program (SNAP)

If the Department denies or discontinues your SNAP benefits, and you disagree with that decision, or you believe the amount of benefit you receive is incorrect, you have the right to file an appeal. 

You have 90 days from the date on your notice about the decision to file an appeal.

 

How to file an appeal

You can file an appeal in one of the following ways:

  • Submit a request for an appeal by completing the Fair Hearing Request form and mailing it to us.
  • Request an appeal in writing by mail, email, or fax. You may be asked to complete the Fair Hearing Request form.
  • Call us to request an appeal. When you call, you may be asked to submit a request in writing or complete the Fair Hearing Request form.
File your appeal
By Mail:

Self-Reliance Programs
P.O. Box 83720
Boise, ID 83720-0026

By Email:

mybenefits@dhw.idaho.gov

By Fax

1-866-434-8278 (toll free)

By Phone

1-877-456-1233 (toll free)

 

In some instances, you may be able to continue receiving your benefits while your appeal is being considered. If your appeal is denied, you will be responsible to repay any benefits you received during this time period. If you want to continue receiving benefits during your appeal process, you must let us know within 10 days of the date of the notice.

The hearing is your chance to explain why you disagree with the Department's decision. Most hearings are conducted telephonically.  During the hearing, you will have the opportunity to have the decision you are appealing reviewed by a 3rd party, independent hearing officer (similar to a judge). You will have the opportunity to present information to the hearing officer to show why you disagree with the Department's decision on your case. At the hearing, you may represent yourself, use legal counsel, a relative, a friend, or other spokesperson. The Department will provide supporting documentation regarding their eligibility decision for your household. The hearing officer will make a decision based on the information both sides provide and the applicable program rules. 

 

Healthcare Tax Credit

Advance Payment of Premium Tax Credit (APTC)

If the Department denies or discontinues your APTC benefits, and you disagree with that decision, or you believe the amount of benefit you receive is incorrect, you have the right to file an appeal. 

You have 30 days from the date on your notice about the decision to file an appeal.

 

How to file an appeal

You can file an appeal in one of the following ways:

  • Submit a request for an appeal by completing the Fair Hearing Request form and mailing it to us.
  • Request an appeal in writing by mail, email, or fax. You may be asked to complete the Fair Hearing Request form.
  • Call us to request an appeal. When you call, you may be asked to submit a request in writing or complete the Fair Hearing Request form.
File your appeal
By Mail:

Self-Reliance Programs
P.O. Box 83720
Boise, ID 83720-0026

By Email:

mybenefits@dhw.idaho.gov

By Fax

1-866-434-8278 (toll free)

By Phone

1-877-456-1233 (toll free)

 

In some instances, you may be able to continue receiving your benefits while your appeal is being considered. If your appeal is denied, you will be responsible to repay any benefits you received during this time period. If you want to continue receiving benefits during your appeal process, you must let us know within 10 days of the date of the notice.

The hearing is your chance to explain why you disagree with the Department's decision. Most hearings are conducted telephonically.  During the hearing, you will have the opportunity to have the decision you are appealing reviewed by a 3rd party, independent hearing officer (similar to a judge). You will have the opportunity to present information to the hearing officer to show why you disagree with the Department's decision on your case. At the hearing, you may represent yourself, use legal counsel, a relative, a friend, or other spokesperson. The Department will provide supporting documentation regarding their eligibility decision for your household. The hearing officer will make a decision based on the information both sides provide and the applicable program rules. 

Medicaid

Medicaid for Adults, Children's Medicaid, and Children's Health Insurance Program (CHIP)

If the Department denies or discontinues your Medicaid benefits, and you disagree with that decision, or you believe the amount of benefit you receive is incorrect, you have the right to file an appeal. 

You have 30 days from the date on your notice about the decision to file an appeal.

 

How to file an appeal

You can file an appeal in one of the following ways:

  • Submit a request for an appeal by completing the Fair Hearing Request form and mailing it to us.
  • Request an appeal in writing by mail, email, or fax. You may be asked to complete the Fair Hearing Request form.
  • Call us to request an appeal. When you call, you may be asked to submit a request in writing or complete the Fair Hearing Request form.
File your appeal
By Mail:

Self-Reliance Programs
P.O. Box 83720
Boise, ID 83720-0026

By Email:

mybenefits@dhw.idaho.gov

By Fax

1-866-434-8278 (toll free)

By Phone

1-877-456-1233 (toll free)

 

In some instances, you may be able to continue receiving your benefits while your appeal is being considered. If your appeal is denied, you will be responsible to repay any benefits you received during this time period. If you want to continue receiving benefits during your appeal process, you must let us know within 10 days of the date of the notice.

The hearing is your chance to explain why you disagree with the Department's decision. Most hearings are conducted telephonically.  During the hearing, you will have the opportunity to have the decision you are appealing reviewed by a 3rd party, independent hearing officer (similar to a judge). You will have the opportunity to present information to the hearing officer to show why you disagree with the Department's decision on your case. At the hearing, you may represent yourself, use legal counsel, a relative, a friend, or other spokesperson. The Department will provide supporting documentation regarding their eligibility decision for your household. The hearing officer will make a decision based on the information both sides provide and the applicable program rules. 

 

Developmental Disability and Level of Care

If the Department makes a decision about your Developmental Disability services or the level of care (LOC) you receive, and you disagree with that decision, or you believe the amount of benefit your receive is incorrect, you have the right to file an appeal.

 

How to File an Appeal

You can request a hearing by mailing or faxing an appeal form to Administrative Procedures Section (APS).  An appeal form is included with all budget notices. 

Mail:
Administrative Procedures Section
P.O. Box 83720
Boise, Idaho 83720-0036

Fax:
1-208-334-6558