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Representing Yourself at a Fair Hearing
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YOU HAVE THE RIGHT to appeal a decision by asking for a fair hearing if … you don’t agree with any decision, either verbal or written, made by the Department of Social and Health Services (DSHS). 


Table of Contents

Introduction.................................................................... 3

What is the deadline for requesting a Fair Hearing?............ 4

How do I request a Fair Hearing? ......................................5

How should I prepare for my Fair Hearing? .........................6

What should I bring to the Fair Hearing?........... ................ 7

What happens at the Fair Hearing? ...................................8

What should I expect after my Fair Hearing? ....................10

Introduction

If you don't agree with any decision, either verbal or written, made by the Department of Social and Health Services (DSHS), you have the right to appeal that decision by asking for a fair hearing. For example, whenever DSHS denies your application, reduces or stops any benefits, including cash, food stamps, or medical assistance, or says you have an overpayment of benefits, you may ask for a fair hearing.

This publication tells you about
      1) the deadline to request a fair hearing,
      2) how to make the request,
      3) how to prepare for your hearing, and
      4) what to expect at your hearing and afterward.

If you have difficulty speaking or understanding English or you cannot communicate in spoken language, you have the right to a qualified and impartial interpreter at no cost to you. To ask for an interpreter, you can tell the Fair Hearing Coordinator at your local DSHS office or you can call the Office of Administrative Hearings (OAH) at (360) 664-8717 to let them know that you need an interpreter. You have the right to receive notices regarding your hearing in your primary language.  Also, if at any time during the hearing you feel the interpreter is not doing a good job, you have the right to ask the Administrative Law Judge for another interpreter

What is the deadline for requesting a fair hearing?

DSHS must give you a written notice if it plans to deny, reduce or terminate your benefits. The notice is suppose to tell you both what action DSHS is taking, and what rule or rules DSHS is relying on.

NOTE:  You can request a fair hearing anytime within 90 days of the date the notice was written. DDD has a 28 day timeline for filing. If you are receiving benefits and request a fair hearing within 10 days of the date of the notice, or before the effective date of the proposed action, DSHS must continue your benefits until an impartial judge has made a decision in your case. Also, if DSHS stops your benefits without giving you notice, you may request a fair hearing to ask for continued benefits.

However, DSHS may stop your food stamp benefits even though you have requested a hearing, if your food stamp certification period has ended.

If DSHS is terminating or reducing your benefits, any continued assistance that you receive may become an overpayment, that is, a debt you owe to DSHS, if you lose the fair hearing. You will not have to repay more than 60 days worth of continued assistance.

How Do I Request A Fair Hearing?

You may ask for a fair hearing by writing to:

The Office of Administrative Hearing
PO Box 42488
Olympia, WA 98504   

If it is an emergency you may ask to have your hearing held as soon as possible by calling The Office of Administrative Hearings (OAH) at (360) 664-8717.

This is called an “expedited” hearing. You may also request a fair hearing by contacting the Fair Hearing Coordinator in your local DSHS office.

After you request a fair hearing the Office of Administrative Hearings will send you a “Notice of Hearing” which will tell you the time and date of the hearing. If the notice tells you that the hearing is to be held by telephone, but you want to have your hearing in person, you should call the Office of Administrative Hearings at the number listed on the notice to ask for an in-person hearing as soon as you get your notice. It is usually better to have an in-person hearing.

How Should I Prepare For My Fair Hearing?

Contact the “Fair Hearing Coordinator” (FHC) to make an appointment at DSHS to review your file or files with the FHC. You may have both financial and social service files and you should ask to see all of them. The FHC is the person who represents DSHS at the fair hearing. Look through your DSHS file and ask the FHC:   

      1) why DSHS has denied or reduced or stopped your benefits; and  
      2) which rules DSHS is using to support the action.

Ask the FHC to make copies of the documents in your file that you think you may need to get ready for your hearing. You have a right to get them. In addition, ask the FHC for copies of all documents that DSHS will be using at the hearing. Also, ask if the FHC will be having any witnesses and, if so, ask who the witnesses are and what they will be asked to testify about.   Finally, ask the FHC for copies of the rules DSHS is using. The rules are from the Washington Administrative Code (WAC).

The FHC may write or call you to have a pre-hearing conference. You can meet in a pre-hearing conference with the FHC if you choose, but you are not required to. It is a good way to understand the issues better and to help you prepare for your hearing. You may be able to settle the matter. If not, you still have the right to have your hearing.

What Should I Bring To The Fair Hearing?

You may bring witnesses to testify at the hearing. Also, you may bring documents, pictures, or other papers to show the Administrative Law Judge (ALJ) why you think that DSHS is wrong. You may bring a relative or friend with you even if your relative or friend won’t be testifying. You may also have a friend, relative, or any person you wish to represent you at the hearing. Your representative does not have to be a lawyer.  Most people represent themselves at their hearing. 

Things to Bring:

  • Witnesses
  • Documents
  • Pictures
  • Other Papers
  • My Relative...
  • My Friend...

What Happens At The Fair Hearing?  

Your hearing will be held by an ALJ who does not work for DSHS.  The ALJ works for the Office of Administrative Hearings (OAH).  Hearings are usually held at the DSHS office and are not as formal as in a courtroom.  All the people present sit around a table.  The ALJ will use a tape recorder to record what is said and will take notes. 

At the beginning of the hearing the ALJ will explain that she or he is not an employee of DSHS, has never seen your file, and knows nothing about you or your case except what you wrote in your fair hearing request. The ALJ will explain that only documents and sworn testimony at the hearing will be considered in deciding your case. At this time you should give the ALJ your documents.  Which the ALJ will mark with exhibit numbers.  

Usually, the FHC talks next, tells the ALJ why DSHS believes it is correct, and explains the documents that are DSHS exhibits.  You can then ask the FHC questions.  You may also ask questions of any witness who has testified.  The ALJ may also have questions for the FHC and her or his witness. 

Next is your chance to tell your side of the story.  Explain to the ALJ exactly what happened, and ask questions of your witnesses if you brought any. When you are finished the FHC and the ALJ may ask you and your witnesses questions.  

Remember that the ALJ knows nothing about you or your case before the hearing starts. You must tell the ALJ everything that you want her or him to know. Also, be sure to give the ALJ all the documents that you think the ALJ should see.  It is very helpful to make a list to take to your hearing of everything that you want to tell the ALJ.

How you act at the hearing is very important because the ALJ sees you only this once and decides if you are credible.  

Here are some tips: 

  • Be polite; don’t interrupt the FHC, ALJ, or a witness.
  • Look at the ALJ when you testify.
  • Be firm about what you are saying, but don’t yell.
  • Don’t roll your eyes or use other offensive gestures.
  • Don’t swear or use other language that is offensive.

What Should I Expect After My Fair Hearing?

The ALJ does not decide who wins at the end of your hearing but instead sends a written decision to you and to DSHS, typically about one month after the hearing.  This is called the Initial Decision.  If you or DSHS disagrees with the ALJ’s decision, you both have the right to appeal to DSHS Board of Appeals.  The appeal is called a “Petition for Review”;  instructions on how to petition and the deadline are included with the ALJ’s written decision.

This appeal is in writing only;  you do not appear before the Review Judge.  The Review Judge considers only the documents and testimony from your fair hearing.  You cannot add any new facts or documents on appeal;  this is why it is important to present all your evidence (documents and testimony) at your fair hearing.  If you send a written appeal to the Board of Appeals, DSHS will have a chance to respond in writing to your appeal, and vice versa. 

The Review Judge will send a written decision to you and to DSHS. This is called a “Review Decision.”  If you disagree with the “Review Decision,” you have the right to file a “Petition for Review of Administrative Decision” to the Superior Court of your county or to the Superior Court of Thurston County.  If you decide to do this, it must be done within 30 days of the date of the “Review Decision.”

If you are unable to find a lawyer to help you file your appeal to Superior Court, ask for our do-it-yourself packet How to Petition for Review from an Administrative Decision. 

It is available from

  • he Northwest Justice website, http://www.nwjustice.org
  • CLEAR at 1.888.201.1014,
  • your local legal services office, or
  • your own attorney.

This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. This information is current as of the date of its printing. March 2002.

©1996-2002 Columbia Legal Services and Northwest Justice Project - 1.888.201.1014, TDD 1.888.201.9737 (Permission for copying and distribution granted to The Arc of Washington State. Reprinted August 2002.)

If you wish to have a copy mailed to you please email info@arcwa.org or call The Arc of Washington State at 1.888.754.8798.

 
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