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Public Benefits

Public Benefits Rule Links

FAQ on Public Benefits Cases

This information is provided as a courtesy; it does not represent legal advice. If you are unsure about how to apply this information, please contact an attorney.

General Questions

How do I file an appeal?

If your case involves the denial, termination or reduction of a benefit such as Health First Colorado (Medicaid), Colorado Works, Old Age Pension, or Aid to the Needy Disabled:

Complete the Request for State Level Hearing Form or you may write us a letter with the following information:

  • Your name, address, telephone number, and email address (if you have one)
  • The county or state agency that denied or reduced the benefit
  • The benefit that was denied or reduced
  • Whether you will have another person represent you and if so their contact information (name, address and telephone number)
  • A brief explanation of why you are appealing the decision
  • Copies of any denial/termination notice you received (if you have this documentation)

Please send it to the Denver OAC Office using one of the following methods:

How long do I have to appeal a Medicaid decision?

If your application for Medicaid was denied, or your benefits were terminated, suspended, or changed you have 60 days from the date of the Notice of Action to file an appeal. Your appeal must be received by the OAC within 60 days of the Notice.

How long do I have to appeal other public benefits decision?

If your application for Adult Financial (Old Age Pension, Aid to the Needy Disabled, Health Care Allowance, Burial Assistance) or Colorado Works, Low Income Energy Assistance was denied, or your benefits were terminated, suspended, or changed, you have 90 days from the date of the Notice of Action to file an appeal. Your appeal must be received by the OAC within 90 days of the Notice.

Can I still receive benefits while waiting for my hearing?

If you wish your benefits to continue while you are appealing, make sure you state that in your appeal. A request for continuing benefits does not guarantee the benefits will be continued. You can find more information about continuing Medicaid benefits on the Colorado HCPF website.

How do I submit documents for my hearing?

We prefer that you file documents by e-filing or email, if possible. Our email address is OAC-GS@state.co.us. You can also file documents in person or mail them to our office, located at 1525 Sherman Street, 4th Floor, Denver, CO 80203. Be sure to send copies of your documents to the opposing party at the same time you send them to the OAC.

Scheduling a Hearing

When will my hearing be scheduled?

Hearings are generally held within 4 to 8 weeks after we receive your appeal. The OAC clerks will schedule your hearing and notify you of the date and time by U.S. Mail and email (if you have given your email address).

Can I get a hearing sooner on a Medicaid appeal?

You can ask for a faster ("expedited") Medicaid appeal hearing if waiting would put your life or health at risk. You should state in your appeal that you are requesting an expedited hearing. Make sure you explain the medical reason for your request.

Where will my hearing be held?

Most hearings for Medicaid or other public benefits appeals are held by video or telephone. If you would prefer an in-person hearing, you may file a request by e-filing, e-mail, telephone, fax, or U.S. Mail.

The OAC uses Google Meet for video hearings. To help you prepare for the hearing, please review our guide to using Google Meet and the OAC Code of Conduct for Virtual Hearings. You should make sure your camera and microphone are set up and working properly before the hearings

What if I can't be there on the day set for hearing?

If you can't attend the hearing on the scheduled date and time, you should contact the other party as soon as possible, and ask if they agree to change the hearing date.

  • If they agree: File an unopposed motion with the OAC to change the hearing date.
  • If they don't agree: Immediately file a motion asking to reschedule the hearing. You need a good reason to change a hearing date, so be sure to explain why you need more time.

The earlier you make your request, the better your chances of having it approved.

What if I don't go to the hearing?

If you do not attend your hearing, and have not made prior arrangements, the judge will issue a Failure to Appear notice, giving you 10 days to explain, in writing, why you were not there. If you did not have a good reason for missing the hearing, your appeal will be dismissed.

Can I resolve my case without a hearing?

Cases are frequently resolved without a hearing. You can contact the County Department or State agency to see if you can work out an agreement to resolve the issues.

Getting Ready for a Hearing

Do I need a lawyer?

You are not required to have a lawyer for your hearing. In fact, most people represent themselves at public benefit hearings. However you have the right to bring an attorney if you choose to hire one, or can find free legal assistance.

If your case involves complex legal issues or you're unsure about the process, consider contacting an attorney or legal aid organizations that may provide free assistance for public benefits cases.

Can I be represented by someone who is not a lawyer?

You have someone represent you at the hearing, such as a family member, friend, medical professional, or any other person you trust. If you want someone who is not a lawyer to represent you in a Medicaid appeal hearing, you must submit a Non-Attorney Authorization Form. Both you and the representative must sign the form.

What kind of evidence do I need for the hearing?

Although every case is different, the most common types of evidence you may need for your hearing include:

  1. Your testimony: You will usually be expected to testify at your hearing. This is your chance to tell the judge important facts about your case.
  2. Witnesses: Other people, including experts, can testify to what they know about your case.
  3. Documents: You may present documents related to your case, such as letters receipts, wage records, or medical records.
  4. Other Evidence: You may bring photographs or other items that support your case.

Make sure you give copies of your documents, photographs, or other evidence to the other side before the hearing. Otherwise, the judge may not allow you to present them at the hearing.

How do I get records I need for my hearing?

First, try asking the other party for copies of any documents they have that relate to your case. If you can't get the information you need by talking to the other side, you may request documents or other items through formal discovery. You can also subpoena relevant records from individuals, businesses, and government agencies. You should contact the OAC well before your hearing if you need a subpoena.

How do I get a witness to come to the hearing?

You can ask a witness to come to the hearing voluntarily. However, a witness is not required to attend a hearing unless they have been served with a valid subpoena. If you are not an attorney, a judge at the OAC must approve and sign your subpoena(s).

If you need a subpoena, you should contact OAC well before your hearing date.

Important requirements:

  • You are responsible for having the subpoena served on the witness; the OAC does not serve subpoenas.
  • The subpoena must be served at least 48 hours before the hearing (excluding weekends and holidays)
  • You must pay any required fees, including mileage or expert fees (for doctors or other experts).
If I forget something, can I send it to the judge later?

Generally, no. Only in rare cases will the judge accept evidence after the hearing.

The Hearing

What happens at the hearing?

Public benefit hearings are simpler and less formal than regular trials. You can ask questions, tell your story in your own words, and present documents without needing to know the rules of evidence or use technical legal language.

Although you don't need to worry about complicated legal procedures or strict courtroom rules, there is still a standard process that everyone needs to follow. This is to ensure that all parties have a fair chance to present their case.

At the start of the hearing, the judge will briefly discuss the case with the parties to make sure everyone understand the issues to be decided.

Then the judge will review the documents submitted by the parties and decide what will be admitted into evidence. 

Next, the judge will hear testimony from both parties and any other witnesses. Usually, the State or County Department will present their witnesses first. After a witness has testified, you will have an opportunity to ask them questions, which is called "cross-examination". When the County's witnesses have finished, you will have a chance to testify and tell the judge what you think they should know to decide your case. You can also call other witnesses, if you have any. 

You generally won't receive a decision the day of the hearing. The judge will review everything presented at the hearing and will issue a written decision.

Which side goes first during the hearing?

The County Department or State agency will usually present their evidence first at the hearing. You will have the opportunity to ask questions of their witnesses on "cross examination." You will also have a chance to testify about your case, and call any witnesses you may have.

What if I need an Interpreter?

The State Agency or County Department involved in your case will usually provide a language interpreter for your hearing free of charge. In other cases, the OAC can provide an interpreter. 

Please see our Language Access Services page for details about interpreter services for your hearing.

You can also contact the OAC clerks at 303-866-5626 or by email at OAC-GS@state.co.us for more information about requesting an interpreter for your hearing.

Will the hearing be accessible to people with disabilities?

Yes, all hearing locations are accessible to people with disabilities. If you or someone attending the hearing needs accommodations (like sign language interpreters, large print materials, or wheelchair access), please contact us as soon as possible so we have time to arrange what you need.

When will I get a decision after my hearing?

The judge will issue a written decision within 20 days after your hearing. However, our office cannot send the decision directly to you. Instead, we send the judge's decision to the Office of Appeals at the Department of Healthcare Policy and Financing (HCPF) or the Department of Human Services (DHS), depending on the type of benefits involved in the case. The office of Appeals is responsible for sending the decision to you.

There can be some delay between the date the judge's decision is issued and when the agency sends it to you. if you do not receive the decision in approximately six weeks after the hearing, feel free to contact the OAC or the agency's Office of Appeals to check the status of the order.

Can I appeal the Judge's Decision?

You generally have the right to appeal the judge's decision if you disagree with it, When the Office of Appeals sends you the judge's decision, they will include information about how to appeal.