DPSS ePolicy

A social service agency must restore lost benefits to a HH when a judicial court finds those benefits wrongfully withheld. When the judicial court action is a review of a state hearing, benefits must be restored for a period of no more than 12 months prior to the date the state hearing was initiated, or the dates specified above. However, if the judicial action is the first action the HH has taken to obtain restoration of lost benefits, then the benefits must be restored for a period no more than 12 months from the date the judicial action was initiated.

If the decision that resulted in an individual's disqualification for IPV is subsequently reversed by a judicial action, that HH individual (if otherwise eligible) is entitled to a restoration of any CalFresh benefits lost during the months they were disqualified. The following must apply:

1. The restoration of benefits must not be more than 12 months prior to the date a social service agency is notified of the judicial reversal. However, if the HH individual was disqualified in an Administrative Disqualification Hearing (ADH) that preceded the reversal, CalFresh benefits must be restored from the effective date of the Notice of Action (NOA) which informed the HH of the administrative disqualification.
   
   
2. For each month the HH individual was disqualified, the restoration amount will be determined by comparing the allotment the HH actually received with the amount the HH would have received had the disqualified individual been allowed to receive the benefit allotment. If the HH received a smaller allotment than it would have, then the difference is the amount that is subject to restoration.

When a HH is certified and receives an initial restoration allotment, this allotment is not subject to reduction due to an existing overissuance (OI) claim, if any, even if the allotment is paid retroactively.
 

Disagreement by HH

If a HH disagrees with the social service agency’s determination of lost benefit restoration amount or any other action that was taken to restore the benefits, then the HH may request a state hearing within 90 days of the date the HH is notified of its restoration of lost benefits.

If the state hearing is requested prior to or during the time lost benefits are in the process of being restored, the HH must receive the lost benefits as determined by the social service agency pending the state hearing result. If the state hearing decision is made in favor of the HH, then the social service agency must restore the lost benefits in accordance with the state hearing decision.

Disagreement by Social Service Agency

If the HH believes it is entitled to restoration of lost benefits, but the social service agency disagrees with the HH after the case review, the HH has 90 days from the date of the agency’s determination to request a state hearing. The social service agency must restore lost benefits to the HH only if the state hearing decision is favorable to the HH. CalFresh benefits lost more than 12 months prior to the date the social service agency was initially informed of the HH’s entitlement to lost benefits must not be restored.