Appealing a DVR Decision Through an Impartial Hearing

If you disagree with a Division of Vocational Rehabilitation (DVR) decision in your case, you can appeal in three ways – Informal Review, Mediation, or an Impartial Hearing. This resource describes Impartial Hearings, also called “ALJ Hearings,” with DVR.

This resource is a general guide for people with disabilities, not legal advice. For legal advice specific to your situation, please talk with an attorney.

Step 1 – Contact the Hearing Coordinator to get started

To appeal a DVR decision through an Impartial Hearing, you must ask for a hearing within 180 days of the decision you disagree with. (DWD 75.05(1)).  Reach out to DVR’s Hearing Coordinator to ask for a hearing:

DVR Hearing Coordinator
Phone: 414.250.6554
Email: dvrhearingappeals@dwd.wisconsin.gov

You must also fill out a form to ask for a due process hearing. (DWD 75.05(2)). The coordinator can mail this to you if needed.

Step 2 – Request Acknowledgement

After you ask for an impartial hearing, the coordinator will send a written acknowledgment of your request and let DVR know within 5 business days. (DWD 75.06). The acknowledgment should include a copy of DVR hearing procedures (called “DWD 75”), and information on your appeal rights and the Client Assistance Program (CAP). 

Who’s involved in an Impartial Hearing?

• DVR Hearing Coordinator: helps you start the hearing process.

• Representatives: DVR will send a representative for your hearing. You can also have your own representative, like a lawyer or advocate, if you find one. (See DWD 75.09).

• Administrative Law Judge (ALJ): The ALJ makes the decision in your hearing. ALJs are impartial and know about DVR services and requirements. ALJs are also called hearing officers.

Step 3 – Prehearing Conference

After an ALJ is assigned to your case, they will schedule a prehearing conference with you and DVR’s representative by phone. (See DWD 75.14). At this meeting, the ALJ will clarify the issues, identify any witnesses who will testify, and listen to any requests you or DVR make. (DWD 75.14(1)). The ALJ will also schedule the Impartial Hearing. (Id.). After the conference, you will get a report summarizing the issue(s) for hearing and next steps, including due dates for your witness list and exhibits.

Step 4 – Impartial Hearing

Your Impartial Hearing will happen within 60 days of your hearing request. (DWD 75.07). Hearings are confidential unless you ask for yours to be open to the public. (DWD 75.16(1)). These Hearings are different from a regular court – the ALJ doesn’t have to follow formal rules of evidence or court procedures. (DWD 75.16(2)). You must go to the hearing in person unless you ask, at least 5 business days beforehand, to do it by video or phone instead. (DWD 75.16(3)).

You can file documents as evidence for your hearing, called “exhibits.” You must send exhibits to the ALJ at least 5 business days before the hearing. (DWD 75.16(5)).  You should send a copy of your exhibits to DVR and keep a copy for yourself.

At the beginning of the hearing, the ALJ will make an opening statement about what will happen. (DWD 75.16(7)). The ALJ will swear everyone in and ask the parties and witnesses to say their names for the record. (DWD 75.16(10)). Hearings are recorded (DWD 75.16(6)), so it is important that only one person talks at a time.

DVR will go first to explain their decision. (DWD 75.16(14)(a)). You can question DVR witnesses when the ALJ asks if you have questions. The ALJ may also have questions. After DVR is finished, you can explain why you think DVR’s decision was wrong. Witnesses or exhibits may support your argument. The ALJ and DVR’s representative can question you and your witnesses. Next, DVR can respond to what you said, then you’ll get to respond again. (See DWD 75.16(15)). Lastly, DVR’s representative may give a final “closing argument.” (DWD 75.16(16)). You can give your own closing argument. (Id.). If you want to send a written argument, you need to ask the ALJ to allow this.

Step 5 – After the hearing

While you’re waiting for a hearing decision, DVR can’t suspend, reduce, or stop your services unless you got them unlawfully, or you ask for this.

The ALJ will send a written decision to you and DVR within 30 days of the hearing. (See DWD 75.16(17) and 75.17). This decision will summarize evidence and include findings and rationale for the decision. (Id.). The decision is final unless you or DVR ask (within 20 days) for it to be reviewed, or you ask a judge to review the decision in circuit court. (Id., see also Wisconsin Statute Section 227.53 - Parties and Proceedings for Review. Your decision will explain the process for asking a judge to review the ALJ's decision under this law.).

If you disagree with the ALJ’s decision, you can ask the Department of Workforce Development (DWD) to review it. (See DWD 75.19). DVR can also ask DWD to review an ALJ decision if they disagree. (Id.). If you or DVR ask for review, you will get a notice from DWD, saying how to send more evidence or information and the due date. (DWD 75.19(1)). Within 30 days of this notice, DWD should send a decision to you and DVR. (DWD 75.19(5)). The only way to appeal the DWD decision is through circuit court. (Id.). DWD’s decision will tell you how to do this. 

The contents of this publication were developed under a grant from the U.S. Department of Education (Department). The Department does not mandate or prescribe practices, models, or other activities described or discussed in this document. The contents of this guide may contain examples of, adaptations of, and links to resources created and maintained by another public or private organization. The Department does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information. The content of this guide does not necessarily represent the policy of the Department. This publication is not intended to represent the views or policy of, or be an endorsement of any views expressed or materials provided by, any Federal agency.