63-804 State Hearings

CALFRESH

63-804 State Hearings

Release Date

03/14/2018

Section Heading

Purpose

To convert an existing policy to a new writing system – No concept changes

Policy

Right to a State Hearing

The household (HH) has an option for a State Hearing if there is a disagreement with any action taken (or not taken) on their case.

All CalFresh HHs have the right to request for a review of their application/case by a neutral authority. A fair state hearing is intended to provide an impartial review of the action taken or not taken on any particular application/case. State hearings are typically presented to an Administrative Law Judge.

A request for a hearing is described as a clear expression, verbal or written, by the HH or its representative of their wish to appeal a decision or have an opportunity to present its case to a higher authority. The HH’s request for a hearing should not be prevented in any way. A request for a hearing may be submitted at any point in time during their certification period.

Exception: State hearing rights do not apply to withdrawal requests. A withdrawal on an application is made prior to an eligibility determination.

HH’s must be informed in writing of their right to:

A State Hearing;
The method by which the hearing may be requested;
Their choice to be represented by a HH member or other representative such as legal counsel, a relative, a friend, or a spokesperson.

The above is made available to the HH at the time of application and anytime the HH expresses disagreement with a decision made on their case. The HH will also be informed of any individual or organization that provides free legal representation in the county.

The HH is to be given the option of continuing with their CalFresh benefits while awaiting the resolution of their state hearing request if:

The HH’s certification period has not expired; and
The HH’s benefits have been reduced or discontinued.

These continuing benefits will be based on the circumstances prior to the effective date of the reduction or discontinuance. The HH may also opt in writing to waiving the continuation of benefits.

On the other hand, when a HH is requesting a hearing due to a denial for a request to replace CalFresh benefits, the denial of the request must remain in effect, pending the hearing decision.

Background

It is the State and County’s policy that all people be treated equally, with respect and dignity. In accordance with federal law and the U.S. Department of Agriculture (USDA) policy, discriminating on the basis of race, color, national origin, gender, age, religion, political beliefs, or disability is strictly prohibited.

Definitions

Terms and Descriptions

ASH

Appeals and State Hearing

Requirements

Timeframe for Filing a State Hearing

Although a state hearing request may be initiated at any time, the HH has 90 days from the date the County notified it of the changes to its application/case to file for a state hearing. When good cause can be shown as to why the hearing was not requested within the 90-day timeframe, then the HH is to be provided additional time.

This right is also extended to a sponsor of a non-citizen either to contest a determination that the sponsor was at fault where it was determined that incorrect information has been provided, or to contest the amount of the claim.

Timeframe for Providing Continuation of Benefits

Continuation of benefits pending a hearing decision are to be provided within five days from:

The date the district office receives a written request for a hearing;
The date the district office is notified by the California Department of Social Services (CDSS) of the HH’s written request for a hearing; or
CDSS receives the HH’s oral request for a hearing.

Continued benefits will not be provided to the HH prior to the first regular issuance date when the HH’s benefits would have been reduced or discontinued.

A HH’s request for continuation of benefits will be considered filed within the appropriate timeframe if the hearing request is made within the period specified for the type of notice provided to the HH. If the timeframe for requesting a hearing and continuation of benefits ends on a weekend or a holiday, the request will be considered timely if it is filed the day after the weekend or holiday.

Actions During Continuation of Benefits

HH’s must continue to comply with their SAR 7 reporting requirements while under continuation of benefits pending a hearing decision up until the end of their certification period.

Timely Action on Hearing Decisions

Decisions which result in an increase in a HH’s benefits will be reflected in their CalFresh amount within ten days of the receipt of the hearing decision. This is to be the case even if the district office must provide a supplementary authorization document or otherwise provide the HH with an opportunity to obtain the benefit amount outside the normal issuance cycle. However, the district office may take longer than ten days if it elects to make the decision effective in the HH’s normal issuance cycle, provided that the issuance will occur within 60 days from the HH’s request for the hearing.

Decisions which result in a decrease of the HH’s benefits must be reflected in the next scheduled issuance following receipt of the hearing decision with a 10-day Notice of Action (NOA).

Verification Docs

N/A

DPSS ePolicy

NAVIGATION