Here's an example of what to say in an appeal letter:
"My Food Stamps were cut. My worker said it's because my son quit school. My son didn't quit school. I want my grant to stay the same." You can use this form Appeal Letter.

Fill in the form letter and sign it. Copy the letter. Keep the copy of your letter. Mail the original to the Human Service Board.

Can I Still Get My Benefits While I Appeal?
Usually. Do you want to keep your benefits? You must appeal before your benefits change.

Example: Let's say you got a letter July 17. The letter said your Food Stamps will be cut August 1. Do you want to stop your Food Stamps from being cut?. You must appeal the decision to cut your Food Stamps before August 1. You must also tell your worker or write that you want your Food Stamps to continue.

What if nobody told me ahead of time that my benefits were going to be cut? Appeal. Write in your appeal letter that nobody told you ahead of time about the cut. Ask for you benefits to continue.

What Happens if I Lose the Appeal?
You will owe AHS money if you keep your benefits during the appeal and then you lose the appeal. Then AHS can take a small amount of money out of your check each month until you pay them back.

Do you want help deciding if you should ask for your benefits to continue? Call Vermont Legal Aid at (800) 889-2047.

I Did Not Appeal in Time to Keep My Check the Same. Will I Get Those Benefits Back?
Yes. If you win your case. Did you appeal? Did your benefits stop or go down while you appealed? AHS will have to pay you the benefits they should have paid you.

I Got Another Denial Letter Before My Hearing. What Does this Mean?
Don't worry! AHS has to send you another denial letter after the Commissioner looks at your case. The Commissioner might say that AHS made the right decision. But you can still win at the Fair Hearing. The Hearing Officer and the Human Services Board make their own decision about who is right.

What If I Can't Go the Fair Hearing on the Day They Scheduled It?
You should call the Human Services Board as soon as you know. The Human Services Board's number is 828-2536. You should also call AHS' lawyer. AHS' lawyer's number is 241-2841. What if you can't call? Write to the Human Services Board at 120 State Street, Montpelier, VT 05620-4301. Also write to AHS' lawyer at 103 South Main Street, Waterbury, VT 05671-1201. Keep a copy of any letters you send.

Did you miss your hearing? Call the Human Services Board right away and explain why you missed the hearing. If they think you had a good reason for missing it, they will reschedule your hearing. If they don't think you had a good reason, you won't be able to have another appeal about the same issue.

I Can't Afford the Gas to Get to My Hearing. What Can I Do?
Is the Fair Hearing not in your town? You can ask AHS to pay your travel expenses. You can also ask for the Fair Hearing to be done by telephone. Call the Human Services Board to ask about having a hearing over the 'phone.

I'm Nervous about My Hearing. What Will it Be Like?
The hearing will be in a room at the AHS office. You will sit around a table. You can take friends or witnesses with you if you want. There will be a Hearing Officer with a tape recorder. Your job is to convince the Hearing Officer that you are right.

The Hearing Officer will tell the Human Service Board (Board) if they should change AHS' decision. Usually the Board follows what the Hearing Officer says. AHS' lawyer will also be at the table with the Hearing Officer. Your AHS worker may also be sitting at the table. The lawyer will probably argue with you and try to convince the Hearing Officer that you are wrong and AHS is right. Don't let this worry you! You can still win, even if the lawyer says you are wrong.

AHS' lawyer and the Hearing Officer will ask questions. You can also ask your worker or other witnesses questions. You must swear to tell the truth. So must any other witnesses. What if you don't understand a question? Say you don't understand. What if you don't know the answer? Say you don't know.

AHS' lawyer will usually get to talk first. When AHS' lawyer is done, you will get to tell your side of the story. When you are done, ask the Hearing Officer if he or she agrees with your side. What if the Hearing Officer doesn't agree with you? Ask if there is information or proof you could get that would make the Hearing Officer agree with you. If you have problems at the hearing, tell the Hearing Officer you want to call Legal Aid for advice. Ask the Hearing Officer to reschedule your hearing for next month.

What Else Can Happen?
Sometimes before the hearing or at the hearing AHS' lawyer will agree to change AHS' decision. Congratulations! You win. Sometimes the Hearing Officer will reschedule the hearing for the next month. The Hearing Officer could stop the hearing in the middle and tell the AAG to get more evidence or talk to AHS about working out the problem. Ask the Hearing Officer if you don’t understand what is going on or what will happen next.

How Can I Prove My Case?
Do you want help proving your case? Call Vermont Legal Aid as soon as possible before your hearing. Try to figure out what facts you and your worker disagree about. You can call the worker, the supervisor, or AHS' lawyer to find out. Do you know what AHS and you disagree about? Think about what things you can bring and who you can bring to your hearing to help prove your side of the story. Then make sure you have those things and people ready for the hearing.

Examples
Things to Bring to the Hearing Let's say you think AHS is using the wrong amount for your income. Bring pay stubs that show your correct income.

People Who Can Testify at the Hearing
Let's say your worker says you didn't come to a meeting with your worker. But you did. Let's say your mother drove you to AHS. When you got there, your mother came in with you. Your worker said you couldn't see her because she was too busy. Your mother can come to the hearing with you and testify. Your mother would tell the Hearing Officer that she came with you on such and such a date and your worker wouldn't see you.

What if you want someone to be a witness at your hearing, but the person refused to come? You can ask the HSB to issue a "subpoena." A subpoena is a legal paper telling a person that they have to come to the hearing.

What if you and your worker agree about all of the facts? You just disagree about the what the Reach Up law says. Then explain to the Hearig Officer why you think your worker is wrong. The Hearing Officer will decide what the law says about your case.

Will I Find out on the Day of My Hearing If I Won?
Probably not. The Hearing Officer will write a decision. The Hearing Officer will mail copies to you, the AHS' lawyer, and the Human Service Board. A few weeks later, the Board will have a meeting to discuss your appeal. The Board will decide who wins.

Should I Go to the Human Services Board Meeting?
It depends. Does the Hearing Officer's decision say you were right? Then you should call AHS' lawyer at 241-2841. Ask AHS' lawyer if AHS is going to fight the decision. What if AHS isn't going to fight the Hearing Officer's opinion? You probably don't need to go to the Human Services Board hearing. What if the Hearing Officer's decision is against you? Or what if the Hearing Officer's decision is for you, but AHS' lawyer is going to fight it? Then you should go to the Board meeting if you can.

You can win without going to the Board meeting. If you do go to the Board meeting, you will not be able to talk about new facts or bring new witnesses. But you can argue why you should win. Keep your argument short!

What Happens after the Human Services Board Meeting?
After the meeting, the Human Services Board will give a written decision. The decision will include the facts in your case and the reason for their decision. If the decision is not what you want, the next step is an appeal to the Vermont Supreme Court. You should seek legal help at this stage. You may be able to get free help from Vermont Legal Aid (800) 889-2047). What if Legal Aid can't help you? Legal Services Law Line of Vermont might be able to give you legal advice about how to bring the case by yourself. Or you can hire a private lawyer.