Hearings and Complaints
If your CalFresh, CalWORKs, Medi-Cal, In Home Supportive Services or CAPI benefits are reduced or stopped by the welfare office and you don’t agree, you should file for a fair hearing with the California Department of Social Services.
In a fair hearing, you will have a chance to explain what happened to you, and after hearing your side and the welfare office’s side, an impartial referee will decide who wins. If someone calls you and says that you don’t have a case, continue to insist on a hearing until you have received adequate legal advice.
You may even be able to get assistance to resolve the problem without having to get a state hearing. However, it’s better to call for a hearing as soon as possible so that you your benefits don’t get cut if you’re not able to get help faster. You can get help in filing for a hearing, or help with your case, from these organizations: Legal Services of Northern California (916) 551-2150 or Coalition of California Welfare Rights Organization (CCWRO) (916) 736-0616.
You must be sent a written notice 10 days before any action is taken that will reduce or stop your benefits. The notice must explain clearly the reasons for the action. If you disagree with this action and you formally request a fair hearing before the date the action takes effect, then under most circumstances your aid will not be cut until the hearing (unless it ends for another reason, like your certification period ended).
If you do not ask for a fair hearing before the date the action takes place, your aid may be reduced or cut, but you still may fight the action if you ask for the hearing within 90 days of the date the notice was mailed. Save the envelope your notice came in and a copy of your fair hearing request so you will have proof that you met the required deadline. You can ask for a hearing after that if you have a good reason for filing late.
To request the fair hearing, you may fill out and return the form on the back of the notice or write a letter doing so in your own words. You can also find the form at this website
https://ha.saccounty.net/Pages/Fair-Hearings.aspx
You can also request the hearing by calling the toll-free number set up for this purpose, (916) 874-3220 or (800) 952-5253. The TDD line for hearing impaired is 1-800-952-8349. Press the option for “state hearing information”. You should call early; they open at 7:30 AM. The line is often busy, so keep trying. Remember to write down the name of the person you spoke with.
You cannot make a hearing request with your worker or any other County staff. You must either call the 800 number or send the written request to the Appeals and State Hearing section.
The state will send you a notice with the date, time, and place of your hearing. Usually, this happens within 3 or 4 weeks. Currently, in the CalFresh program, anytime before the hearing, you can request a delay (“postponement”) of the hearing in order to have more time to prepare or to get an attorney or advocate. In other aid programs, or to get a second postponement, you must have a very good reason (“good cause”).
You may be called or get a letter from the county hearings representative assigned to your case. The hearings representative will be presenting the county’s side at the hearing. The hearings representative will also write up the county’s side at least 2 days before the hearing. You have the right to get a copy of the county’s position statement. If the hearings representative does not have it ready for you to see before the hearing, you may request that the hearing be postponed to give you the chance to read the statement. This postponement does not count against you.
The hearings representative may offer to settle your case. This is called a conditional withdrawal. Think about this carefullly. If you agree with what the county is offering, you can accept the conditional withdrawal. If not, you can reject it and go to the hearing. You can also try to negotiate for a deal that you like.
If you are disabled, or homebound, hearings can be held by phone, at the welfare office or in your home, but you must ask for this in your hearing request.
You must also be provided with an interpreter for the hearing at no cost if English is not your first language.
After your hearing, call the toll-free number and complain if the state takes longer than 60 days to get a decision about food stamps, or 90 days if the hearing was about CalWORKs or Medi-Cal. These are usually the maximum amounts of time that are permitted to decide such cases (starting on the date of your request for hearing). If your hearing decision takes longer than 90 days and you have never continued it, you must get extra money for the delay, if the decision is granted in your favor.
If you do not win the hearing and you are still convinced you are right, you can request a rehearing, within 30 days or file an appeal in court within 1 year.
More Advice:
For hearings about GA or County health care in Sacramento County, you have only 10 days to request a hearing with the County. The back of the Notice of Action should tell you how to ask for a hearing.
Seek advice and assistance. Talk to a legal worker or a well-informed friend or community person about your situation.
Keep good records and save all papers that an agency gives or mails to you. Write down the name and time of anyone you speak with in person or over the phone and the time you had the conversation.
You have a right to see your case file and to copy anything you need in it. You have a right to see any regulations or instructions that apply to your situation.
If you are disabled, the law says that the welfare office must help you, so ask for help you need when you request a hearing. If you are treated unfairly because of a disability or health problem, send a complaint letter to the Civil Rights Division, U.S. Dept. of Justice, P.O. Box 66118, Washington DC 20035-6118.