Appeals

Who may request an appeal?

Any applicant/recipient or provider of services who believe they have been aggrieved by an action of the Department of Health and Human Services may request an appeal.

How do I request an appeal?

An appeal request should be filed with the entity that makes the final (eligibility) determination. In most cases, an appeal request should be filed with the local Department of Social Services' county office. In some instances, the appeal request should be filed directly with the Division of Appeals and Hearings.

What is the mailing address of the Division of Appeals and Hearings?

Department of Health and Human Services
Attn: Division of Appeals and Hearings
Post Office Box 8206
Columbia, South Carolina 29202-8206

Does the division have a toll-free number?

Yes. The division's toll-free number is 1-800-763-9087.

Do my benefits continue during the appeals process?

You may request that your benefits continue pending the hearing decision, however; you must repay the continued benefits if the decision is not in your favor.

How long do I have to request an appeal after an unfavorable action/determination?

Unless otherwise specified, you have 30 days from the date of an adverse action to request an appeal.

Must I be represented by an attorney at the fair hearing?

No. You may represent yourself at the hearing or you may be represented by an attorney or anyone of your choice.

May I contact my caseworker after I request an appeal?

Yes.

How formal is the fair hearing?

The hearing officer will endeavor to keep the hearing as informal as possible, yet strive to insure the participants' due process rights are protected and legal procedural steps are followed. Some hearings, by necessity, may be more formal than others.