If you disagree with the decision after the hearing and after reconsideration, if you went through reconsideration, you can appeal to District Court. BUT NOTE: most cases that lose a DHS hearing are not good cases for appeal. A District Court appeal does not give you a second opinion. It does not let you start over with a new hearing.
The District Court only looks for mistakes that are serious and that changed the outcome of the case. If the DHS appeal was done fairly and within the laws that apply, the District Court will not change the decision.
Only ask for an appeal if:
- you have a legal argument. Like you can show that the decision DHS made did not follow the law.
- you have new evidence. BUT there must be a good reason you didn’t have the evidence the first time.
For this reason, try to talk to a lawyer before filing an appeal to District Court. Talking to a lawyer might help you decide if you have a good case for an appeal or not. A lawyer can also help you decide which issues to appeal.
Your local legal aid office may be able to give you advice or a referral. To find them, go to www.LawHelpMN.org, and click on “Providers and Clinics.”