How to Appeal a Medicare Savings Program Denial in Minnesota

The 30-Day Window

When a county human services agency denies an MSP application or terminates existing coverage, it mails a Notice of Action explaining the decision. You have 30 calendar days from the date the notice was mailed to request a fair hearing. If you show good cause for filing late, the deadline may be extended to 90 calendar days from the notice.

If the notice terminates existing coverage and you file the appeal within 10 calendar days of the notice, coverage continues during the appeal process. This "aid paid pending" protection means Part B premiums keep getting paid while the case is being reviewed — a critical safeguard against a coverage gap.

How to Request the Hearing

File the appeal using Form DHS-0033 (Appeal to State Agency). The form goes to the Minnesota Department of Human Services Appeals Office, not back to the county. You can also request a hearing by sending a written letter that clearly states you're requesting a fair hearing and identifies the decision you're challenging.

Include a copy of the Notice of Action with your appeal. If you're appealing an income or asset determination, prepare documentation showing why the county's calculation is wrong — updated bank statements, corrected Social Security award letters, or evidence of exempt assets the worker may have miscounted.

What Happens at the Hearing

Fair hearings in Minnesota are conducted by a state Human Services Judge (not a county worker). They can happen by phone, video, or in person. The process is less formal than court — no attorney is required, though Mid-Minnesota Legal Aid (1-800-292-4150) provides free representation for MSP appeals in many cases.

At the hearing, the county presents its basis for the denial. You present your evidence. Common grounds for overturning a denial:

• Income miscalculation: The worker used net Social Security instead of gross, forgot the $20 standard disregard, or counted excluded income types (VA Aid and Attendance, SNAP benefits, in-kind support from family).
• Asset miscounting: The worker counted exempt assets — the primary home, one vehicle, burial plots, or irrevocable burial contracts — against the $10,000 limit.
• Procedural error: The county failed to process the application within 45 days, didn't send proper notice, or applied the wrong program's asset limits (the MA-ABD $3,000 limit instead of the MSP $10,000 limit).

After the Decision

The Human Services Judge issues a written decision within 90 days of the appeal request. If you win, the county must implement the decision — approve the MSP, restore terminated coverage, or correct the error. If you lose, you can appeal to Minnesota District Court within 30 days after the commissioner issues the order, though this is rarely necessary for straightforward eligibility disputes.

For appeal letter templates, evidence checklists, and the full hearing preparation guide, the Minnesota Medicare Savings Programs & Extra Help Guide walks through each step.

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