Fair Hearings - How to appeal Alaska public benefits denials or delays

For SNAP, you should file a fair hearing request within 90 days when:

• When your SNAP application was denied, and you disagree with DPA’s decision.
• When your SNAP benefits are reduced or stopped and you don’t know why or don’t agree with DPA's reason.
• If you filed an application for SNAP benefits and DPA hasn't sent you a decision (approval or denial) within 30 days. You can request a fair hearing on the 31st day after you apply.
• If you have less than $100 on hand and expect to receive less than $150 in monthly gross countable income; OR if your housing expenses (rent or mortgage plus utilities) will be more than your income this month, then DPA has to issue SNAP benefits in 7 days. If you are in this situation, you can request a fair hearing on the 8th day after you apply.
• If you filed SNAP recertification paperwork but DPA hasn’t processed it and has stopped your benefits.

For any other Alaska public benefits you should file a fair hearing request within 30 days when:

• When your application was denied, and you disagree with the decision.
• When your benefits are reduced or stopped and you don’t know why or don’t agree with the reason given.

• Fill out the fair hearing request form (or just write down your name and date of birth, the date on the decision you want to appeal, and then write, "I request a fair hearing to appeal that decision.") email the completed form, or writing, to hss.dpa.offices@alaska.gov or fax it to 888-269-6520. Save your sent email or proof of faxing. DPA has ten days to respond to your request for a fair hearing. If they do not respond to you, follow up with them until they do. 
• IF you do not know your case number with DPA, you can provide your date of birth instead and DPA will figure it out.
• If you are appealing a denial or reduction of Medicaid waiver or Personal Care Services, then send a written request for a fair hearing by email to FairHearings@conduent.com, by fax to 907.644.8126, or by mail to Conduent, P.O. Box 240808, Anchorage, AK 99524.     
• Get legal help. Attorneys and advocates at ALSC may be able to represent you for free and file SNAP fair hearing requests. To apply for help from ALSC, see the instructions on our website.

DPA is required to respond to your Fair Hearing request 10 days after you submit it. This is why it is very important to keep proof of when you submitted the request.

If you have not gotten a response after 10 days, you should get legal help. To apply for help from ALSC, see the instructions on our website.

• If you are requesting a fair hearing to appeal a DENIAL of benefits, then you will not get continued benefits while the appeal is resolved.
• If you are requesting a fair hearing to appeal a REDUCTION or TERMINATION of benefits, then your benefits will continue IF you request a fair hearing before the benefits are actually lowered or stopped. (If you do not want your benefits to continue, check the box in the last paragraph on the fair hearing request form to stop your benefits during the appeal).

Once you request a fair hearing, you should be scheduled for a hearing.

Sometimes a mediation is scheduled before a hearing to try to settle the case.  You may or may not agree to resolve the appeal with the State before the hearing, the choice is yours alone.

You will want to make sure you attend the hearing once it has been scheduled.  You can represent yourself at this hearing, or you can ask a lawyer to represent you. The hearing will be heard before a judge through the Office of Administrative Hearings.  You have the right to present witnesses, evidence, and other information at the hearing.  You have the right to ask questions or present evidence about why the State’s decision was incorrect. You will want to use this time to explain to the judge why you should receive the benefit you requested.

DPA offers a flyer that explains the fair hearing process and how to prepare.

ALSC offers a free online training program for volunteers who want to learn how to help community members who are having problems with their SNAP benefits. Learn more about our Community Justice Worker Program.