DPSS ePolicy

To convert existing policy to new writing style only – No concept changes 

The issuance of Aid Paid Pending (APP) or Child Care Paid Pending (CCPP) results when a claimant files a request for a State Hearing prior to the effective date of an adverse action. Aid shall be continued until the hearing in the amount that the claimant would have been paid if the proposed action had not been taken. Provided the claimant does not voluntarily and knowingly waive their right to aid, APP/CCPP must be initiated within five (5) calendar days from the filing date of the appeal and issued within the claimant’s normal benefit issuance date. APP/CCPP shall also be issued when the claimant requests a hearing on an untimely or inadequate Notice of Action (NOA). APP/CCPP shall continue until the hearing is closed. 

This policy does not apply to the CalFresh Renewal (RE) expiration as specified in Manual of Policies and Procedures (MPP) section 63-804.642(a).  Additionally, in accordance to MPP section 63-804.613, if a CalFresh Household’s (HH) request for a hearing is not made within the appropriate time frame, as specified in MPP section 63-804.62, the County Welfare Department (CWD) shall take no action to continue the HH’s benefits at the prior level. However, if the HH establishes that its failure to request the hearing within the appropriate time frame was due to good cause, in accordance with MPP section 22-053.4, the County Welfare Department shall reinstate the benefits to the prior level.

According to the provisions of MPP section 22-072.3, if a timely notice is not required and the claimant requests a State Hearing within ten (10) days of receiving the required adequate notice, aid shall be reinstated retroactively.

Reference: Timely Notice – Aid Pending Hearing Requirement MPP section 22-072.

CalWORKs and CalFresh Tax Intercepts - State Hearing Requests Filed Within 90 Days

APP to stop the offset process is applicable for hearing requests related to a CalWORKs or CalFresh tax intercept if filed within 90 days after the date of the demand letter or a NOA, and a denied administrative review decision for CalWORKs only.

CalWORKs and CalFresh Tax Intercepts - State Hearing Requests Filed Beyond 90 Days

A bifurcation may be requested to challenge jurisdiction for hearing requests filed beyond the 90 calendar days but no more than 180 calendar days of a CalWORKs overpayment or CalFresh overissuance demand letter or a NOA. The bifurcation request must include:

• A copy of the original demand letter or NOA. 
• Verification of the customer's preferred language.
• A copy of the Welfare Intercept System (WIS) screen showing the date and address to which the Franchise Tax Board (FTB) Pre-offset notice was sent. Copies of the WIS screen may be requested by emailing taxintercept@dpss.ca.gov.
• A copy of All County Letter (ACL) No. 19-22 for CalFresh only. 

If unable to request a bifurcation, and jurisdiction is found at the hearing, immediately, request APP to stop the tax intercept pending the hearing decision on the merits.

If jurisdiction is found on a hearing request that is beyond 180 calendar days, APP is not applicable.

References: ACL No. 23-86 dated October 4, 2023 and ACL No. 19-22, dated March 25, 2019

The general criteria for good cause are as follows:

1. If the claimant contends that they did not receive an adequate NOA;
2. The NOA was not language-compliant (in the customer’s preferred written language);
3. The Administrative Law Judge (ALJ) determines that the required NOA was not language-compliant; or
4. Any other substantial and compelling reason as determined by the ALJ.

Adequate Notice of Action (NOA)

In accordance with the provisions outlined in MPP section 22-001(a)(1), a written notice:

1. Must be in the claimant’s designated preferred written language, or otherwise, the County must offer and provide interpretive services for NOAs not provided in the claimant’s primary language. (See MPP section 21-115.2 for language compliant NOAs).
   
2. Informs the claimant of the action the County intends to take.
3. Provides the reason(s) for the intended action.
4. Includes the specific regulations supporting such action.
5. Informs the claimant of their rights to a State Hearing.

An adequate NOA must also:

1. Provide appropriate computations, if applicable.
2. Note the effective date of the action.
3. List availability of free legal representation.
4. Must be properly addressed to the appropriate HH member.
5. Must be timely; at least ten (10) calendar days prior to the effective date of the adjustment or change in eligibility status.

For the CalFresh program, see MPP section 63-504.2 for certain exceptions to the adequate notice requirements.

Refer to the ASH 004 Adequate and Timely Notices ePolicy for more detailed information.

Administrative Law Judge (ALJ)

A person designated by the Director of the California Department of Social Services (CDSS) and thereafter assigned by the Chief ALJ to conduct State Hearings and Administrative Disqualification Hearings (ADH).

Adverse Action

County action results in the suspension, reduction, discontinuance or termination of public assistance and/or CalFresh benefits (a reduction of the Medi-Cal program would be an increase in the share of cost amount).

Aid Paid Pending (APP)

Aid paid to a claimant in the amount that they would have continued to receive if the proposed adverse action had not been taken by the County.

Note: In the CalFresh program, benefits can never continue beyond the end of the certification period. 

Reference: MPP sections 63-804.642 (a) and 22-072.65.

Appeals and State Hearings Tracking System (ATS)

System used by ASH to process all State Hearing requests received by ASH.

Authorized Representative (AR)

An individual or organization that has been authorized verbally and/or in writing by the claimant or designated by the ALJ to act for and represent the claimant in all aspects of the State Hearing or ADH.

Note: Individuals who have been convicted of an Intentional Program Violation (IPV) of the CalFresh program are restricted from being designated as an AR, unless that individual meets the exception criteria found in the MPP section 63-402.633.

Refer to the ASH 003 Authorized Representative ePolicy for more detailed information.

Bifurcation

A prehearing written request to the Presiding ALJ to hold a hearing limited to only the jurisdictional issues. With this request, the County seeks a dismissal of the issue in dispute (substantive issue) because it is not within the jurisdiction of the State Hearing process. 

It is a suitable request when the jurisdiction over the disputed claim is at least questionable, if not inexistent. See MPP section 22-009. 

Any party can request bifurcation; however, they must notify the other party of the request being made. The Presiding ALJ in Los Angeles County or their designee will make a preliminary determination and inform both parties of whether the hearing will proceed on jurisdictional issues only, (if bifurcation is granted) or both, jurisdictional and substantive issues (if not granted). 

Reference: MPP section 22-049.53

Child Care Paid Pending (CCPP)

CCPP will temporarily overturn the contract Resource and Referral (R&R)/Alternative Payment Program agency’s proposed reduction in the number of hours authorized for child-care payment, or changes made to the payment method for such services, or the termination of child-care, pending the hearing decision.

Claimant

A person who has requested a State Hearing and is or has been either:

1. An applicant for or recipient of aid; 
2. A foster parent or foster care provider, including group homes and foster family agencies, who requests a hearing on behalf of the foster child residing with them whose aid was affected by a county action;
   
3. A representative of the estate of a deceased applicant or recipient;
   
4. The guardian or conservator of an applicant or recipient;
5. A child’s relative caregiver with regard to the child's application or receipt of aid; or
6. The sponsor of an immigrant.

RevQ System

The Treasurer-Tax Collector (TTC) system for tracking collection activity for posting, reconciling, distributing, and reporting payments.

Fair Hearing Liaison (FHL)

Staff in the Bureau of Workforce Services (BWS) district offices, Greater Avenues for Independence (GAIN) Regions, contracted staff such as MAXIMUS, Cal-Learn, Refugee Employment Program and R&R/Alternative Payment Program staff, Fiscal Operations Division (FOD), and In-Home Supportive Services (IHSS) Regional Offices assigned to work collaboratively with ASH to implement necessary corrective action(s) timely and efficiently.

Filing Date

As outlined in MPP section 22-001(f) (1):

The filing date is the date the request is received by the State Hearings Division (SHD) or the County as follows:

1. Oral: the date the request is received by SHD via telephone call;
2. Mailed: the postmark date of the envelope mailed to SHD or to the County; 
3. Online: the date the request is submitted to SHD via the Appeals Case Management System (ACMS); 
4. Faxed: the date the request is received by the Department via Facsimile Automatic Xerox (FAX); or 
5. Delivered by hand: the date the request is handed to SHD or to the Department.

Note: All requests must be date stamped upon receipt by the receiving office.