File and Request an Appeal

If you've been turned down for something by an agency, you have the right to file an appeal with the National Appeals Division. You have a right to a hearing before a NAD hearing officer in your state of residence, where you personally appear before the hearing officer to explain your position and present evidence. Or you may request that the hearing be held over the telephone. Or you may request that a NAD hearing officer review the documents in your file, without a personal appearance, to see if the agency decision was correct. The choice is up to you.

An appeal must be in writing and must be submitted by the participant who receives the adverse decision. The appeal must be signed personally by an appellant, but need not be notarized. An appeal request form can be downloaded here.

An appeal should be filed at the appropriate Regional Office.

An appeal must be received in the Regional Office no later than 30 calendar days after the participant first received notice of the adverse decision. The appeal should state what agency decision is being appealed and should include, if possible, a copy of the adverse decision and a brief statement of why the decision is wrong. A copy of the appeal request should be sent to the agency.

Sometimes an agency may state that an adverse decision is not appealable. In that case, you may ask the NAD Director whether that is true. Simply send a letter to the appropriate NAD regional office, along with a copy of any written adverse determination you received, asking whether you may appeal to NAD. The NAD Director will determine if the adverse decision is a matter of general applicability and not subject to appeal, or adverse to a program participant and thus appealable. If the NAD Director determines that you may appeal, your case will be assigned to a NAD hearing officer.

Last Modified: 03/30/2006