Appealing FoodShare (SNAP) Benefits Reductions and Denials

What is a FoodShare Appeal?

If your FoodShare benefits are denied, reduced, stopped, or delayed, you can ask for a fair hearing. This means you get to explain your side to a judge.

Steps to Appeal

1. Read Your Notice
You’ll get a letter from your local Income Maintenance (IM) agency. It will tell you:

• What action is being taken regarding your application for, or receipt of, benefits. (An application denial isn’t necessarily a “change”).
• How to appeal
• The deadline to request a hearing (usually within 90 days)

You may also request a Fair Hearing, if you apply for FoodShare, and do not receive a decision within thirty (30) days.

2. Act Fast
You must ask for a hearing before the deadline. If you ask before your benefits are reduced or stopped, you might keep getting them until the judge decides. But if you lose the case, you may have to pay back the extra benefits.

3. Request a Hearing
You can ask for a hearing by:

• Filling out the Request for Fair Hearing form (DHA-28) or writing a letter with the request and sending it to DHA.
• If you write a letter, state that  “I disagree with this decision and want to appeal.” Be sure to sign and date the letter.
  Include your:
  • Name
  • Address
  • CARES number (found on your notice)
• You can submit a written appeal three ways.
  • Mailing the letter or appeal form to:
    • Division of Hearings and Appeals
      P.O. Box 7875
      Madison, WI 53707-7875
• Fax to (608) 264-9885
• Email: DHAMail@wisconsin.gov

A fair hearing request can also be made verbally to an agency worker. When a verbal request is made, the agency worker must complete the Request for Fair Hearing form on your behalf and send it to DHA. We recommend you still confirm your verbal request in writing. 

4. Get Your Evidence Ready
Collect papers that support your case, like:

• Pay stubs
• Lease agreements
• Medical notes

5. Go to the Hearing
You’ll get a letter with the date and time of your hearing at least 10 days before it happens. Your hearing will take place by telephone. A judge will lead the hearing. Someone from the agency will be there too. You can bring a friend, family member, or lawyer to help you.

6. Get the Decision
After the hearing, the judge will send you a written decision.  (Given the complicated nature of rehearings or petitioning the circuit court for administrative review, I would leave this more broad, such as) Please review carefully for any rights or deadlines you may have.