Appendix B Hearings Overview

Georgia State Seal

Georgia Division of Family and Children Services
SNAP Policy Manual

Policy Title:

Hearings Overview

Effective Date:

July 2024

Chapter:

Appendix B

Policy Number:

Appendix B

Previous Policy Number(s):

MT-59

Updated or Reviewed in MT:

MT-78

Requirements

An assistance unit (AU) is entitled to a fair hearing if it is aggrieved by any action taken by the agency that affects its participation in the Supplemental Nutrition Assistance Program (SNAP).

Basic Considerations

A request for a hearing is a clear expression by the AU or its representative that it desires to have an opportunity to present its case or to appeal a decision on its case to a higher authority.

Notification of the Right to a Fair Hearing

DFCS must inform the AU in writing of the right to a hearing at the following times:

  • Initial application

  • When an action is taken on the case that affects benefits

  • When the AU requests a restoration of lost benefits

DFCS should assist the AU in completing the necessary document(s), if requested.

Hearings

Initial hearings in the SNAP are conducted by an Administrative Law Judge (ALJ) of the Office of State Administrative Hearings (OSAH). Hearings may be granted to any AU who makes a timely request. The hearing includes consideration of the following actions:

  • any agency action, or failure to act with reasonable promptness, on a request for SNAP benefits, including the following:

    • a delay in determining eligibility and issuing benefits

    • a failure to act on a change

    • a termination or reduction of benefits

  • any agency decision regarding eligibility, including the following:

    • the amount of benefits

    • the manner or form of payment

    • the individual to whom benefits are sent

The AU has no right to a hearing based on a change in the SNAP issuance cycle.
This list is not all-inclusive.

A request for a hearing may be oral or in writing. If an oral request is made, the agency should ask the AU to follow up the request in writing.

If a non-English speaking individual requests a hearing, then the agency must provide bilingual staff or interpreters and must ensure that the hearing procedures are explained in a language that the individual who is making the request can understand.

The AU may have a representative such as legal counsel, a relative, friend, or other spokesperson, or may represent him/herself at the hearing.

Hearing decisions are based on evidence and other material introduced at the hearing.

Hearing decisions specify the reason for the decision, identify supporting evidence and regulations, and specify findings of fact and conclusions based on law.

Benefits may be continued pending an initial decision or final appeal.

Benefits cannot continue if the hearing request is based on an action taken at recertification (renewal), as the recertification (renewal) establishes a new certification period and a new benefit level.

Refer to Chart B1 - Adjusting Benefits After A Hearing or Final Appeal. The AU may appeal the initial hearing if it disagrees with the initial decision.

Procedures to Withdraw, Cancel, or Postpone the Hearing

Any cancellation, postponement, or written withdrawal received after submission of the OSAH Form 1, will be forwarded to OSAH within eight working days of receipt in the local DFCS office.

The withdrawal request must be made in one of the following ways:

  • by written notification, signed by the A/R or representative

  • by oral request

If an oral withdrawal of the hearing request is received prior to submission of the OSAH Form 1, DFCS must provide a written notice to the household within 10 days of the household’s request confirming the withdrawal and providing the household with an opportunity to request a hearing. The written notice must advise the household it has 10 days from the date of the notice to advise DFCS of its desire to request or reinstate the hearing.

Chart B1 - Adjusting Benefits After A Hearing or Final Appeal

CHART B2 – ADJUSTING BENEFITS AFTER A HEARING OR FINAL APPEAL

If Benefits Are

Then

Continued or reinstated and the decision is favorable to the AU

Continue benefits at the current level.

Take action to issue any corrective payments or restorations as authorized by the Administrative Law Judge or Appeals Reviewer.

If necessary, request additional verification to determine the benefit amount.

Corrective payments are offset against outstanding claims. Notify the Administrative Law Judge at the hearing if there is an outstanding claim.

NOT continued or reinstated and the decision is favorable to the AU

Take action to increase SNAP benefits within ten days of receipt of the hearing decision, or within the AU’s normal issuance cycle.

Continued or reinstated and the decision is in the agency’s favor

Take action to decrease SNAP benefits in the next month’s issuance cycle after the decision is received.

Provide adequate notice to the AU. The notice must not advise the AU that he or she may request another hearing.

Establish a claim against the AU for any issuance, if appropriate.

NOT continued or reinstated and the decision is in the agency’s favor

The case should remain closed or benefits should remain at the lower benefit amount.