Appeals FAQ

The following Frequently Asked Questions contain general information. If you would like additional information specific to the type of appeal you wish to file or already have filed please see: DHS Appeal Information and HFS Appeal Information for more information.

General

1. Is there a fee for filing my appeal?
   No, there is no fee for filing an appeal.
2. When can I request an appeal?
   You may file an appeal if you disagree with a notice of an action taken by the Illinois Department of Human Services (DHS) or Illinois Department of Healthcare and Family Services (HFS). The notice may indicate that your services or benefits have been denied, reduced, suspended or terminated, or if the Department has not taken action on your request. If you are appealing a notice from DHS or for the following programs, please see DHS Appeal Information: Aid to the Aged, Blind or Disabled (AABD), Child Care, AABD Cash Assistance, Supplemental Nutrition Assistance Program (SNAP), Refugee Resettlement Program, Repatriate Program, Medicaid for adults under the Affordable Care Act, Temporary Assistance for Needy Families (TANF), the Division of Rehabilitative Services (DRS), Placement on the Healthcare Worker Registry or status as a WIC Vendor. If you are appealing a notice from HFS or for the following programs, please see HFS Appeal Information: All Kids, denial of medical items/services (dental, pharmacy, etc...), the Division of Child Support Services, the Division of Developmental Disability, Medically Fragile Technologically Dependent (MFTD) or the Discharge from a Supportive Living Facility.
3. I am attempting to file my appeal online; however the program or issue that I am appealing is not listed. What should I do?
   Please see DHS Appeal Information and HFS Appeal Information
4. Can I appeal more than one issue?
   Yes, you may appeal more than one issue. If you do, the Appeal's Office may decide to consolidate your issues into a single hearing.
5. How long do I have to file my appeal?
   It depends on what program you are appealing. Please refer to the Notice that you are appealing for a time limit to appeal. Please see DHS Appeal Information and HFS Appeal Information for more information.
6. What if I don’t file my appeal on time?
   If you do not file your appeal on time, you lose your right to have an appeal hearing.
7. How can I file an appeal?
   There are several ways to file an appeal.
   
   1. You can file your appeal online ABE - Application For Benefits Eligibility.
      
   2. You can file your appeal by telephone. For HFS Appeals, please call 1-855-418-4421 HFS Appeal Information for more information. For DHS Appeal, please call 1-800-435-0774 (voice) or 1-877-734-7429 (TTY) DHS Appeal Information for more information.
      
   3. You can fill out the Notice of Appeal Form. After filling this out, you may take it to your Local Office, fax, mail, or e-mail it. Please see DHS Appeal Information and HFS Appeal Information for the proper fax, mail and e-mail contact information.
      
8. Can someone help me file my appeal?
   Yes, you can ask anyone to help you file your appeal.
9. How do I know whether I have an existing appeal?
   You can find out the status of any existing appeal by logging into ABE - Application For Benefits Eligibility.
10. How will I know if I have successfully filed my appeal?
    You will be notified by the Appeal’s Office if your appeal request has been accepted.
11. How can I check the status of my appeal?
    You can find out the status of any existing appeal by logging into ABE - Application For Benefits Eligibility.
12. If I appeal a decision that reduced or terminated my benefits or services, will I continue to receive them?
    Generally, if you requested your benefits or services to remain the same and if you appealed within 10 days of the date of the notice you disagree with, you will continue to receive the benefits or services while your appeal is pending. Please note that if you continue to receive the benefits or services during the appeal process, you may be required to pay them back if your appeal is unsuccessful.
13. Will I be required to attend a Pre-Hearing Conference?
    Pre-hearing conferences will vary, based upon what type of program you are appealing. If you are required to appear at a pre-hearing conference, you will be informed ahead of time.
14. Where can I find my Individual ID?
    Your individual ID is a number that is assigned to Clients when they apply for certain types of benefits and services through the Illinois Department of Human Services (DHS) or the Illinois Department of Healthcare and Family Services (HFS). If you have been assigned an individual ID, it should appear on letters regarding your benefits and services. If you file an appeal request and do not have an Individual ID already, you will be assigned one. Clients can find their Individual ID on any letter received from the Appeals Office.
15. What if I can't find my Individual ID and I don't have a Social Security Number?
    Please contact the Call Center at 1-800-843-6154.
16. In order to file my appeal, do I have to provide my Social Security Number?
    No, your social security number will only be requested if you cannot locate your individual ID.

Representation

1. Can I have someone represent me during the appeals process?
   Yes.
2. Do I have to let the Appeals Office know if I want someone to represent me during the appeals process?
   Yes, you must notify the Appeals Office via ABE - Application For Benefits Eligibility, telephone, fax, mail or e-mail at least 3 days before your hearing. When you contact us, you must include your representative’s name, address, telephone and e-mail address and your written consent authorizing your representative to act on your behalf.
3. Do I need a lawyer?
   No, your representative may be an attorney, family member, friend or anyone you choose.
4. Does the State of Illinois have an obligation to provide me with a representative for my appeal hearing?
   No, the State of Illinois does not have an obligation to provide you with a representative. If you would like someone to represent you, it is up to you to select that individual.
5. How can I find someone to serve as my representative?
   For information concerning legal services, please contact the following: Legal Assistance Referrals
6. If I have a representative, do I have to attend my appeal hearing?
   Your attendance is not required if your authorized representative is attending the appeal hearing on your behalf. However, you may still attend.
7. Must I have someone represent me during the appeals process?
   No, you may represent yourself.
8. Can someone help me file my request for an appeal?
   Yes, you may have someone help you file your appeal request. That individual must have written consent from you authorizing them to file your appeal request on your behalf.
9. Is the person who helps me file my appeal obligated to also serve as my representative at my appeal hearing?
   No, the person who helps you file your appeal does not have to serve as your representative during the appeals process.
10. If I am filing an appeal on behalf of my minor child. Do I have to submit documentation proving that I am the parent and that my child is under the age of 18?
    No.
11. I am filing an appeal on behalf of an adult over whom I have legal guardianship or Power of Attorney. What documents to I have to submit to serve as his/her representative?
    Submit the documentation that shows you have been appointed the Client's Legal Guardian or Power of Attorney.

Scheduling

1. Who schedules the appeal hearing?
   The Appeals Office schedules all hearing date.
2. How will I know the date of my appeal hearing?
   The Appeals Office will send you a hearing notice with the date, time and location of the appeal hearing.
3. How far in advance will my appeal hearing be scheduled?
   Generally, appeal hearings are scheduled between 10 and 30 days ahead of time.
4. What if I can’t make the appeal hearing?
   If you are unable to attend the appealing hearing, you must notify the Appeals Office as least 3 business days before the hearing. You may request another hearing date via ABE - Application For Benefits Eligibility, telephone, fax, mail or e-mail. If you request a new hearing date but have not received a response, you are expected to attend your hearing.
5. What happens if I missed my appeal hearing and did not show up as scheduled? Can I request a new date?
   Your appeal will be dismissed if you or your representative does not attend your appeal hearing. A Notice of Dismissal will be sent to all parties. If you believe that you had good cause for not appearing, you can request another hearing date within 10 days of the date of the Notice of Dismissal via ABE - Application For Benefits Eligibility, telephone fax, mail or e-mail.
6. I did not attend my appeal hearing and would like to request a new date; however, more than 10 days have lapsed. What should I do?
   If more than 10 days have elapsed from the Notice of Dismissal, you can only request a new appeal hearing date via fax, mail or e-mail.
7. Can I re-file my appeal if it has been dismissed?
   No, the Appeals Office's decision to dismiss your appeal is typically reviewable only through the Circuit Courts of the State of Illinois.
8. I received notice that a telephone hearing would be conducted, but I never received a phone call. What should I do?
   Contact the Appeals Office vie e-mail or phone immediately.

The Appeal Hearing

1. How should I prepare for my appeal hearing?
   You may want to write down the important facts and points that you wish to discuss during the appeal hearing. You may also want to write down relevant questions for the Department Employee. You may ask other people to testify at your appeal hearing. If you have a witness, make certain they have knowledge of the facts in your case. Your Witness may prepare a list of facts and points they wish to discuss. You may submit documents to support your case. These documents must be sent to the Appeal's Office at least three business days prior to your hearing or can be submitted after the hearing if the Hearing Officer agrees to leave the record open.
2. What will happen at the appeal hearing?
   Generally, there are three parties that participate in an appeal hearing: you, the Department Employee and a Hearing Officer. The Hearing Officer will be in charge of your hearing. The Hearing Office will explain the procedure for the hearing. You will have the opportunity to testify, submit evidence and have witnesses testify on your behalf. The Department Employee will have the opportunity to explain why they took the action that you are appealing. No decision will be made at the hearing. You will receive the decision in the mail within 30 days of the hearing date.
3. Where will my appeal hearing be held?
   DHS Appeal Information and HFS Appeal Information
4. What if my appeal hearing is conducted over the telephone?
   The Hearing Officer will contact the appeal hearing in the same manner as an in-person hearing. You will have the same opportunity to present your case and ask questions. Testimony from you, the Department Employee and any witnesses will be taken under oath, be telephone.
5. What happens after the appeal hearing?
   A Final Administrative Decision (FAD) will be issued that either agrees or disagrees with the decision that you appealed and explains why. You will receive a copy of the FAD.
6. How long will it take for my case to be decided?
   It will depend on the complexity of your case and the program that you appealed. For more information please see DHS Appeal Information and HFS Appeal Information.
7. What if I disagree with the decision?
   If you disagree with the Final Administrative Decision, you may file an Administrative Review action in the Circuit Courts of Illinois. If you are a blind vendor who is appealing anything other than discipline, you may file an Administrative Review with the U.S. Department of Education.

Withdrawing Your Appeal

1. What if I no longer want my hearing?
   If the issue that you appealed has been resolved, or after reviewing the evidence you understand why the Department made the decision that you appealed, you may withdraw your appeal via ABE - Application For Benefits Eligibility, telephone, fax, mail or e-mail.

Contact Information

1. What if I move during the appeal process?
   Contact the Appeals Office immediately to update your address via ABE - Application For Benefits Eligibility, telephone, fax, mail or e-mail.
2. What if I don’t have an email address?
   An e-mail address is only required if you wish to maintain your appeal using the Appeals website.

Uploading Exhibits

1. What documents should I send the Appeals Office for my appeal hearing?
   You should include any relevant documents that you believe support your case.
2. How far in advance must I submit my exhibits?
   Generally, your exhibits must be submitted to the Appeals Office at least 3 days before your appeal hearing.
3. What if I can’t upload my documents?
   If you are attempting to file your appeal online and are not able to upload your documents, please e-mail the documents to DHS.BAH@illinois.gov. Be sure to include the Client’s name, Case Number and Appeal Number (if appeal has already been filed).
4. What if I have more than 10 exhibits or my file is larger than 2 MB?
   Please e-mail the documents to DHS.BAH@illinois.gov. Be sure to include the Client's name, Case Number and Appeal Number (if appeal has already been filed).

Disabilities/Language Barriers

1. What if I have a disability that prevents me from fully participating in the appeal hearing?
   If you need an accommodation under the Americans with Disabilities Act, please contact the Appeals Office as soon as possible.
2. What if I would like my hearing to be conducted in a language other than English?
   You may ask the State of Illinois to provide you with a foreign language interpreter for your appeal hearing. Please make this request as soon as you have received your Appeal Confirmation Notice, indicating that your appeal has been accepted.
3. What if I have additional questions regarding the appeals process?
   Please see DHS Appeal Information and HFS Appeal Information