Right to an Appeal Hearing
This subject includes information about the appeal rights of a participant.
Policy
The participant has the right to ask for a legal review of their NA or CA case when they disagree with a decision or action taken by the FAA. This legal review is called an Appeal.
The participant can request an appeal when any of the following occurs:
●The right to apply for benefits has been denied.
●An application has been denied.
●FAA did not act on the application within the correct time frames.
●NA or CA benefits are stopped.
●NA or CA benefits were reduced or withheld.
●They disagree with the amount of NA or CA benefits received.
●They disagree that an NA or CA overpayment exists or disagree with the overpayment amount.
●They disagree with ineligibility for Transitional Child Care.
●They disagree with an EBT adjustment made to their account.
When the participant asks for an appeal hearing, they have the right to all of the following:
●Be represented by a lawyer or a person they have authorized.
●Meet with FAA before the hearing to discuss the case to see whether the issue can be resolved without a hearing.
●Get a copy of the laws, rules, or policies used to make the decision.
●Review, obtain or copy a portion of the case record necessary for proper presentation of the case.
●Examine documents to be used by the state at the hearing.
●Bring witnesses to the hearing.
●Establish all pertinent facts and circumstances.
●Present an argument without undue interference.
●Present additional documents and testimony at the hearing.
●Question any testimony or evidence.
●Disagree with an Electronic Benefit Transfer (EBT) retailer debit to their account, or when an EBT credit is denied.
●Have an interpreter or alternative form of communication furnished when needed.
This section is under construction. For more details about how to request an appeal hearing for NA and CA, see Appeals – Overview.Legal Authorities
7 CFR 273.2(a)(1)
7 CFR 273.2(e)(1)
45 CFR 206.10(a)(2)(i)
last revised 04/11/2022