Public Benefits Fair Hearings

The fair hearing is with a hearing officer from the Human Service Board (HSB). The hearing officer listens to testimony and evidence from both sides. Sometimes the Department for Children and Families (DCF) will agree to change their decision at the fair hearing. After listening to both sides, the hearing officer decides what the facts are and decides whether DCF’s decision is correct under the law. The hearing officer’s recommendation then goes to the Human Services Board for a final review.

If You Can’t Go to the Hearing

If you can’t go to the hearing on the day they scheduled it, you should call the Human Services Board as soon as you know. The board’s number is 802-828-2536. You should also call the DCF attorney at 802-241-2841.

If you can’t call, you can write to the Human Services Board to let them know. Send the letter to:

Human Services Board
6 Baldwin Street, Suite 305
Montpelier, VT 05633-4302

You can also write to the DCF attorney. Send the letter to:

Office of the Attorney General
103 South Main Street
Waterbury, VT 05671-1201

Keep copies of any letters you send.

If you miss your hearing, call the HSB right away to explain why you missed it.

If the fair hearing is not in your town, you can ask that fair hearing be done by telephone. The HSB can pay for travel costs to the fair hearing.

The Hearing

The hearing will be at the DCF office. You will sit around a table. You can take friends or witnesses with you if you want. The DCF attorney will be at the table with the hearing officer.

Your DCF worker may also be sitting at the table. The DCF attorney may try to convince the hearing officer that you are wrong and DCF is right. Don’t let this worry you! You can still win, even if the DCF attorney says you are wrong.

The lawyer for DCF and the hearing officer will ask questions. You can also ask questions.

You and the witnesses must swear to tell the truth. Don’t try to answer a question you do not understand. It is ok to say you do not understand or you do not know the answer.

If you have problems at the hearing, you can tell the hearing officer you want to ask a legal aid lawyer for advice. Ask the hearing officer to reschedule your hearing for next month.

Proving Your Case

For help, call us as soon as possible before your hearing. Fill out our form and we will call you back. Your information will be sent to Legal Services Vermont, which screens requests for help for both Vermont Legal Aid and Legal Services Vermont. You can also call us at 1-800-889-2047.

Think about what things you can bring and who you can bring to your hearing to help prove your side of the story. For example, if you think DCF is using the wrong amount for your income, bring pay stubs that show your correct income.

If you want someone to be a witness at your hearing, but the person refuses to come, you can ask the HSB to issue a “subpoena.” A subpoena is an order telling a person that they have to come to the hearing.

Finding Out Who Won

Sometimes the DCF attorney will agree to change the DCF decision. Usually, the hearing officer writes a decision and mails copies to you, the DCF attorney and the HSB. The hearing officer will tell the HSB if they should change the DCF decision.

A few weeks later, the board will have a meeting to discuss your appeal. The board will decide who wins. Usually the board follows what the hearing officer says, but not always.

Is it Worth It to Appeal?

Yes! It takes a little time and patience, but people do win fair hearings. Sometimes just requesting a fair hearing will make DCF review their decision and change it.