Public Benefits Appeals to District Court

If you had a hearing with DHS and got a decision or order that you don’t agree with there are things you can do. You can ask the appeals office to review or reconsider that decision. This is called reconsideration. See our fact sheet Welfare Appeals to DHS for more information about asking for reconsideration.

IMPORTANT: You don’t have to go through reconsideration if you want to appeal in District Court right away. But you can’t do both at the same time. DO NOT file an appeal in District Court if you asked for reconsideration. You have to wait until that process is over.

If you already went through the reconsideration process and still disagree OR if you want to skip the reconsideration step you can appeal in District Court.

Note: The District Court is the court in your county.

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. 

             OR

• 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 your local Legal Aid office, go to www.LawHelpMN.org, scroll down and click on “Providers and Clinics.”

Legal Argument: to win an appeal in District Court you have to show that the order from DHS was improper because it used the wrong laws or there was no evidence behind the facts that were found to have happened.

New Evidence: if you have new evidence AND a good reason why you didn’t have it for the first hearing it can help you win your case. Like if you didn’t know there were documents that would help your case the first time around but now you have them.

Here is an example of a good case to appeal:

• You were denied a medical service or item that your doctor wants you to have. You find out from the judge that the reason you were denied is because the doctor filled out the wrong form or did not put enough information in the form. Now you have the right form or complete information on the form.

There are cases where the law is clear even though it seems unfair to you. These are not good cases to appeal.

Here is an example of a bad case to appeal:

• The law says you have to appeal in 30 days. You appeal in 40 days. The judge said you do not have a good reason for being late.

It is a good idea to talk to a lawyer. A public benefits lawyer can give you advice about if you have a good case or not.

If the final order from the Commissioner of DHS comes by mail, you have 33 days from the date on the order. This is the same if it is the final order from your first hearing or the order from a reconsideration.  

If you were served in person with the final order, then you have 30 days from the date on the order to appeal.

Remember that the District Court can only do some things in an appeal. It will not hold a new hearing for you just to present your evidence all over again. The District Court might be willing to look at new evidence BUT only if this evidence was not available at the DHS hearing for some good reason. The Court usually just looks to see if the hearing officer applied the law correctly in your case.

The District Court has to follow the judgment of the DHS Commissioner unless you can show clearly that it is wrong. This is why it is always difficult to get an order changed with an appeal.

If you can’t find a lawyer, you still have to follow all the court rules. You can ask for help at the Self Help desk in your county court. Make sure you let them know you are filing to appeal a DHS decision. There are special rules.

Fill out the "Notice of Appeal" form or write your own “notice of Appeal” letter asking for an appeal. If you write a letter, make sure you include this information:

• Which county agency denied your request

• When your hearing was (month, day and year)

• The date of the order denying your request

• Whether or not you asked for reconsideration

• If you did ask for reconsideration, the date of that order

• That you disagree with the order

• Why you think the order should be changed. Write what you think DHS got wrong or explain what your new evidence is and why you didn’t have it the first time.

• Include a “Demand for Transcript”. Use the wording on the attached form. It’s really important for your case to get the transcript and other papers from your hearing! The transcript is free for your appeal unless you are appealing a maltreatment case.

• If you want to have a hearing

• Type or print your name and full address and include your phone number and/or e-mail address

• Fill in the date and sign
   

Make sure you do this before the appeal deadline!

Attach:

• a copy of the Department of Human Services order
• a copy of the Reconsideration order if you have one
• a copy of new evidence if you have it
   

Make copies of this full set of papers. Make a copy for DHS, a copy for each party to the case listed on your order and a copy for yourself.

• Take your paperwork to your district court’s self-help center before filing so they can go over it with you and make sure it’s ok. To find your district court go to www.mncourts.gov and click on “District Courts” in the top menu.

“Serve” means you have to mail or give copies of the appeal papers to the other people or agencies involved in the case. All the agencies listed on your final order from DHS have to be served with all of the same papers that you file with the court.

Service can be by

• mail – use regular 1st class mail
    OR
• hand delivered - if you do not want to pay to mail them to any or all of the parties

You need to prove to the District Court that the papers were served. The “Affidavit of Service” is how you prove this. To get the form go to www.mncourts.gov

• Click on “Get Forms” from the top menu
• Click on “Service of Process” from the list
• Click on “Affidavit of Service – Combined”
• Download the form in either Word or pdf

The court needs to see that each party was served. You can do this with one affidavit of service listing everyone and their addresses. Or you can do a separate affidavit for each person or agency that is served.

The papers can be mailed or delivered by you or someone else BUT the person who mails or delivers them has to sign the “Affidavit of Service”.

• File your original “Notice of Appeal”, each “Affidavit of Service,” and all the attached papers with the District Court. Find the court address at www.mncourts.gov. Click on “District Courts” in the top menu.

• There is no filing fee unless you are appealing a finding of maltreatment

You get copies of the papers you asked for (the hearing transcript, and other papers) from DHS. They come in the mail. It could take more than 30 days to get them.

You get a letter from the District Court telling you which judge will decide your case and your Case Number.

If you or any of the other agencies asked for a hearing, it takes 30 days after you get the transcript from DHS to get a hearing date from the District Court. Call the Court Administrator if you have questions about scheduling.

If no one asked for a hearing, the judge will look at your case and make a decision within 90 days.

If you have questions about what is going on with your case, call the clerk for the judge. Give them your case number when you call.

NOTE: Watch for mail from the District Court. Make sure you read it carefully! Keep the District Court up-to-date on your mailing address at all times. If you move, tell the District Court right away by sending a letter with your new address and your case number.

If you or one of the agencies asks for a hearing, the District Court sends a letter telling you the hearing date. It is very important that you go. If you do not go to the hearing, the judge may dismiss your appeal.

At the hearing, you have the chance to explain to the judge why you think the order from DHS is wrong. It is a good idea to make notes before the hearing about what you want to say to the judge. Take the notes with you. Remember you only have a short amount of time to explain your position. Be brief and to the point.

After the hearing, the District Court will mail you a copy of the judge’s decision. If you don’t agree with the decision, you can appeal to the Minnesota Court of Appeals. Talk to a lawyer about the process for this appeal. There is a deadline for filing an appeal so talk to a lawyer right away!