Requesting A Conference

One way to appeal is to request a conference. At this conference, the local agency must give you a complete explanation of its decision or action. You must also be given an opportunity to present your side, to tell why you disagree. You may bring anyone you wish to this conference to help you present your side-a friend, a relative, or a lawyer. The agency will listen to what you have to say and then make its decision. If you request a conference within 10 days of an advance notice to reduce or terminate your benefits or services, in most cases no action will be taken until after your conference. If you are not satisfied with the decision the agency makes at the conference, you can request a fair hearing. If you request a hearing within two days of your conference, no action will be taken until after your hearing.

Additional Time Frames For Requesting Appeals

Besides the 10-day time frame described below under Requesting a Hearing, you have additional time to ask for a hearing. For Food Stamp appeals, you have 90 days from the written notice of action or proposed action to request a hearing. For an appeal concerning financial or medical assistance, you have 30 days from the written notice to request a hearing.

Events of the hearing

At the hearing, you will be given an opportunity to present your side to a hearing officer from the Virginia Department of Social Services or the Department of Medical Assistance Services. Your hearing may be by telephone or face-to-face. You may bring anyone you wish to the hearing to help you present your side. The hearing officer will then issue a written decision within 60 days (or for Medicaid, 90 days) of the date you requested a hearing. If the hearing officer rules against your appeal, you must pay back all assistance you received during the appeal process.

You have the right to judicial review of decisions rendered on appeals in money payments, Food Stamps or services, as well as decisions made on appeals of Medicaid, SLH (State/Local Hospitalization) or medical services. The hearing decision will include information on filing for a judicial review. If you have concerns about the way your hearing on money payments, Food Stamps or services was conducted, or the decision of the hearing officer, you may request a panel review of the decision. The administrative panel does not have the authority to change the hearing officer's decision, but will review your concern(s) and respond to you within 60 days of your request. Your request must be made in writing within 10 days of receiving the hearing officer's decision to:

Administrative Review Panel
Appeals and Fair Hearings Bureau
7 N. Eighth Street
Richmond, VA 23219

Requesting A Hearing

You can request a hearing without first requesting a conference. If you request a hearing within 10 days of an advance notice to reduce or terminate your benefits or services, in most cases no action will be taken until after the hearing officer makes a decision.

To request a hearing for Food Stamps, either call the local agency or call the Virginia Department of Social Services toll free at (800) 552-3431. Persons with hearing or speech impairments may call the Virginia Department of Social Services toll free at (800) 828-1120 (Text/TTY). For financial, energy or medical assistance, your appeal request must be in writing. For Food Stamps, your request can also be in writing. A special form for appeal request can also be in writing.

There is a special form for appeal requests for money payments, Food Stamps, or services entitled "Appeal to State Department of Social Services". It is also available at the local agency, or you can write a letter. Requests for hearings for money payments, Food Stamps or services should be sent to:

Hearing and Legal Services Manager
Virginia Department of Social Services
7 N. Eighth Street
Richmond, VA 23219

There are also forms pertaining to Medicaid, SLH, FAMIS and medical services . Request for hearings concerning Medicaid, SLH, FAMIS or medical services must be sent to:

Director, Division of Client Appeals
Department of Medical Assistance Services
600 E. Broad Street, Suite 1300
Richmond, VA 23219

Appeal Rights

It is your right to appeal. You will not be penalized if you appeal. If you desire more information, please contact your local social services department. They will give you any help you need to appeal. If you desire free legal advice, please contact your local legal aid office.