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Indiana Protection & Advocacy Services

IPAS > Advocacy > Rights and Appeals Rights and Appeals

People who are served by public or private agencies may have specific rights. These rights generally affect people applying for services during the intake or eligibility determination process, and the termination of services by the agency. The rights of people applying for or receiving services should be explained verbally, as well as in written form or in the method of communication used by the applicant or recipient.

For information regarding disability rights and the appeals process see. “Disability Rights and Appeals Process Guide"

Appeals: What are they?

Asking that a decision be reviewed or that a higher authority review a lower decision

Know the Appeals Process, each program is different in terms of:

  • Timelines
  • How to initiate
  • Where to initiate
  • How evidence is presented
  • Who makes a ruling

First Things First

Nearly Every Program or Service has an Appeal Process

Every Program which receives state or federal monies has a formal due process or appeal - The first step may be a paper review. The first step may be a hearing officer.

Consider Appealing

Learn the Appeal’s process

  • What Timelines Apply
  • How to Initiate/Start
  • Consider the Issue
    • Consider the Cost, in Time, Energy, Emotional, Money

How do you let the agency know of the appeal request?

  • VR – requires written notice
  • IPAS - requires written notice

Define what you want

  • Are you asking for a service?
  • Are you asking for equipment?
  • Are you asking for a reversal of a decision?
  • Are you asking if you are eligible for a service?

What is the Issue?

  • Want?
  • Need?
  • Right?

Needs Are Not Necessarily Rights, They are expressions feelings or emotions, one’s desires. Desires and opinions is not the same thing.