Appeal


	Filing Your Appeal with the Appropriate Agency


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This advice was compiled by the Arkansas ICAN organization.

Hopefully, all will go smoothly in your search for funding for tools for living, learning and working. However, if you should be denied funding or services from public agencies, you have the right to appeal. Appeals processes vary from one funding source to another. Therefore, you should be sure to request a written copy of the particular agency's appeal procedures.

Some appeals procedures are "informal". This means that the process offers the possibility of resolving problems without following strict rules. For instance, an initial step might be a meeting with the person providing the service to see if a resolution to the disagreement can be reached. A more "formal" procedure would be one in which a hearing would be held before a third party, like an impartial hearing officer or professional mediator. Often agencies have policies that include both informal and formal procedures.

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Because policies of appeals are sometimes complicated and vary so widely, it would be difficult to provide a detailed description of each agency's appeals process here. The advocacy tips listed below should help you no matter what specific guidelines define a particular appeals process:

Pursue your concerns quickly. Some appeals procedures have very short timelines in which to appeal decisions that are made.

Request a complete copy of the appeals process and your rights in that process. You should be able to get this information when you first apply for services, so that you will already have it should any problems occur.

Make sure your concerns are expressed and documented when you have conversations. Keep a phone log, noting the person with whom you spoke, the issue, what the person said, what was decided and any type of follow-up action. Such conversations should be followed-up with written confirmation.

Always make the request for review or appeals processes in writing. This is your only documentation that you did make such a request. Keep copies of all correspondence! Make a home file and keep everything! These can be very important in your case.

Be sure to date your letters and to note the date on letters that are provided to you in return. These dates may be important in meeting the timelines set out in the appeals process.

A general rule of thumb is to start with the easiest appeal alternative. Sometimes, problems can be worked out informally and with cooperation of service providers. This type of informal resolution to the problem helps to maintain good working relationships with providers and doesn't require as much time and effort on your part!

Get an advocate, if you feel that you need support. In many cases, another person, a family member or friends might be helpful to you in deciding what to do. In some formal procedures, you may even need representation of an attorney.

Don't be afraid to pursue a more formal procedure. Sometimes, procedures such as a formal hearing are necessary in order to reach a fair decision. While the more formal procedure usually takes more time and more precise information about the problem, these kinds of meetings are still simpler than pursuing court action.