Withdrawing state hearing requests

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California Department of Social Services (CDSS) State Hearings Division (SHD) has issued instructions regarding withdrawing of a state hearing request.  A claimant or the Authorized Representative can withdraw a hearing request any time before a decision is issued.

A withdrawal can be unconditional or conditional.  An unconditional withdrawal is a complete retraction of the hearing request without conditions.  There are three ways to unconditionally withdraw a hearing request.  A claimant can request an unconditional withdrawal in the ACMS computer system if they have an account.  A claimant can submit a request to unconditionally withdraw their hearing by mail, fax or email.  A claimant can submit a verbal request to unconditionally withdraw their hearing request using the Interactive Voice Response (IVR) system or by telephone.  SHD will send a letter to the claimant confirming the unconditional withdrawal request.

The opposing party may be aware that the claimant wants to unconditionally withdraw their hearing request.  If the opposing party tells SHD that the claimant or their Authorized Representative wants to unconditionally withdraw a hearing request, SHD will contact the clamant to confirm their intent to unconditionally withdraw their hearing request. If the claimant has any questions, SHD will tell the claimant to talk to the opposing party.  If the claimant or Authorized Representative confirms that they want to unconditionally withdraw the hearing request, SHD will enter the withdrawal in ACMS and will send the claimant a letter confirming the unconditional withdrawal.

A conditional withdrawal is a retraction of the hearing request based on the opposing party’s agreement to certain actions to resolve the case.  A conditional withdrawal must be in writing signed by the claimant or their Authorized Representative.

SHD will accept any conditional withdrawal request that is submitted by mail, fax, email, text, IVR, phone, or uploaded to ACMS, that includes written terms and is signed by the opposing party and the claimant.  These methods are considered to be a valid electronic signature.

A claimant or Authorized Representative can confirm a conditional withdrawal by phone with SHD.  The opposing party must contact the claimant to confirm the agreement.  The opposing party cannot rely on a telephonic signature unless they have gotten the claimant’s consent.  If the opposing party parts gets consent, they must upload the terms to ACMS.  SHD will then contact the claimant to confirm the terms.

The claimant or Authorized Representative can use the SHD IVR to state the terms of a conditional withdrawal.  If the opposing party has their own IVR, it can upload a recording of the terms to ACMS.  The agreement must state that the parties complete all terms within 30 days.

If the case has multiple opposing parties, all parties must consent to the conditional withdrawal.

When a case is withdrawn, SHD will notify all parties that the hearing request has been dismissed.

If the claimant or Authorized Representative does not appear at the hearing and a conditional withdrawal has not been processed, SHD will dismiss the case.

A party can withdraw a rehearing request any time before SHD acts on it.  After a rehearing request has been granted, the claimant can withdraw it with the approval of the Chief Administrative Law Judge.  The parties can submit a conditional withdrawal to resolve the case after rehearing is granted.  SHD will review the terms to ensure that all issues in the rehearing are addressed, and then will forward the request to the Chief Administrative Law Judge for approval.  (ACL 23-82, September 19, 2023.)

 

Additions to county web pages regarding programs for immigrants

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The California Department of Social Services (CDSS) has issued guidance regarding revising or adding information to county websites regarding programs available for Refugees; Asylees; Cuban/Haitian Entrants; certain Humanitarian Parolees; Special Immigrant Visa Holders; Amerasians; and Noncitizen Victims of Human Trafficking, Domestic Violence, and Other Serious Crimes populations.

County webpages must include CalWORKs, CAPI, RCA, TCVAP, and all county programs available for Refugees; Asylees; Cuban/Haitian Entrants; certain Humanitarian Parolees; Special Immigrant Visa Holders; Amerasians; and Noncitizen Victims of Human Trafficking, Domestic Violence, and Other Serious Crimes. Counties that do not have this information on their webpages should include it as soon as possible.  Counties that do not have this information on their webpage should notify CDSS as soon as the webpage updates are completed, but no later than December 1, 2023.

The information in the website should be clear and in plain language, with simple instructions about how to apply for benefits. Information on how to apply for programs should include both the link to BenefitsCal and a description of other ways to apply, such as applying in person at their respective CWD offices.

For CalWORKs, counties should review their public-facing websites on a regular basis to ensure that content is accurate, and contains plain language information about how to apply, and services and services available through CalWORKs.

For the Cash Assistance Program for Immigrants (CAPI), county websites must direct CAPI applicants to the county social services office to apply in person because the CAPI application is not available in BenefitsCal.

For Refugee Cash Assistance, and Trafficking and Crime Victims Protection Act (TCVAP), applicants who have minor children should be evaluated for CalWORKs first.  If they are ineligible for CalWORKs, or they do not have minor children, they should be evaluated for RCA and TCVAP.

Counties should notify CDSS as soon as their websites are updated, but no later then December 1, 2023.  (ACWDL, October 19, 2023.)

CalWORKs annual redetermination reminder notice

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The California Department of Social Services has issued guidance regarding implementation of a reminder notice at annual recertification.  Counties must redetermine continuing CalWORKs eligibility every twelve months.  When recipients do not complete their annual redetermination by the 15th day of the month it is due, counties must send a discontinuance notice.  In addition, counties must try to make personal contact with the recipient by telephone, face-to-face, or, if the recipient has given consent, by text message or other electronic method.  If the county is unable to make personal contact, the county must document the attempt to make personal contact in the case file.

If the recipient does not complete their annual redetermination after the county has sent the discontinuance notice and attempted personal contact, the county must send a reminder notice to the recipient to complete their annual redetermination.  The county must send the reminder notice no later than five calendar days before the annual recertification is due.  This requirement to send a reminder notice is effective on July 1, 2024, or the date the new form notice is automated in CalSAWS, whichever is later.  (ACL 23-88, October 16, 2023.)

Administrative review and state hearing requests for Franchise Tax Board intercepts for CalWORKs overpayments

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California Department of Social Services (CDSS) can use the Franchise Tax Board (FTB) Interagency Intercept Collection Program to intercept state income tax refunds, lottery winnings and unclaimed property disbursements for CalWORKs overpayments.  FTB intercepts were suspended effective March, 2020 because of COVID-19.  FTB intercepts restarted on July 13, 2022.

Prior to a CalWORKs debt being submitted to FTB, the CalWORKs recipient can request a county administrative review if they believe that all or part of the debt is either not delinquent or not legally enforceable.  The recipient must submit a written request to the county for an administrative review within 30 days of receiving the FTB pre-offset notice. If the request for administrative review is submitted within this period, the county must not submit the debt to FTB until the conclusion of the administrative review process.  If the administrative review review request is submitted after that period, the county must submit the debt to FTB, and stop collection only if the recipient wins the administrative review.

If requested, recipients are entitled to inspect and copy county records related to the debt prior to the administrative review.  Counties must mail copies of records to the recipient as a reasonable accommodation for recipients unable to come to the county office.

The administrative review must: confirm the notice was adequate and language compliant,  verify that a demand letter/notice was properly issued; ensure CalWORKs overpayments resulting from client error and administrative error do not exceed the $250 collection threshold and are within the two-year collection period from the date of computatation; verify that the recipient was given the opportunity to appeal the claim and any state hearing decision; verify that no responsible party to the claim is an active member of a CalWORKs assistance unit; verify the current balance of the claim and any collections or payment agreements; verify the claim meets the criteria for referral to the FTB per MPP section 20-403; and consider any evidence provided by the recipient.

The county must issue a decision on the administrative review within 30 days of receiving the request.  The administrative review decision must include: the reason the debt is past due and legally enforceable; that the county intends to refer the claim to the FTB; and that the recipient  may request a State Hearing to review the county’s decision.

If the administrative review finds for the claimant, the county must delete the debt and return any intercepted money within 10 days of receiving the decision.

If the recipient requests a state hearing either before requesting an administrative review, or while the administrative review is pending, the request will be considered an appeal of the CalWORKs overpayment.

The recipient can request a state hearing to appeal the administrative review decision within 90 days of either the initial notice of action establishing the overpayment or the county administrative review decision.  If the hearing request is submitted within this time period, the debt cannot be submitted to FTB.

If the hearing request is submitted within 180 days of either the initial notice of action establishing the overpayment or the county administrative review decision, and the Administrative Law Judge finds good cause for late filing, FTB intercept must stop.

If the hearing request is submitted after 180 days of either the initial notice of action establishing the overpayment or the county administrative review decision, FTB intercept continues pending the hearing decision.

If the hearing request is submitted more than 90 days after either the initial notice of action establishing the overpayment or the county administrative review decision, or the county believes the issues were decided in a prior state hearing, the county can request bifurcation of the hearing in order to address state hearing jurisdiction first.

If the county wins the state hearing, the decision will state a new payment date.  If it does not, the county must issue a new demand letter or notice.  If the recipient wins the state hearing, the county must delete the debt and return any intercepted money within 10 days of receiving the decision.

If the county requests rehearing, it must comply with the hearing decision pending the outcome of the rehearing request.  If the recipient requests rehearing, and rehearing is granted within 180 days of either the initial notice of action or demand letter for payment, FTB intercept continues pending issuance of the rehearing decision.  (ACL 23-86, October 4, 2023.)

 

CalFresh Elderly Simplified Application

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California Department of Social Services (CDSS) has issued the new CalFresh Elderly Simplified Application, form CF 485.  The CF 485 is to be used by CalFresh applicants who are eligible for the Elderly Simplified Application Project (ESAP).  CalFresh households are eligible for ESAP if all household members are age 60 or older, and/or are people with disabilities, and the household has no earned income.

ESAP eligible household are not required to use the CF 485 form.  They can use any CalFresh application form and still be eligible for ESAP benefits such as extended certification period with no semi-annual reporting.

As with any other CalFresh application, the only information required to submit the CF 485 is name, address, and signature.

The CF 485 form must be available in the county welfare department office, and upon request.  The CF 485 is only a paper application and is not available in BenefitsCal.  (ACL 23-85, October 10, 2023.)

CalWORKs Pregnancy Special Needs revised notices of action

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California Department of Social Services (CDSS) has issued new notices of action regarding CalWORKs Pregnancy Special Needs payments.  The notice approving a CalWORKs Pregnancy Special Needs payment (M-44-211L) has been revised to include the option to provide a sworn statement or verbal attestation when medical verification is not available at the time of application. Recipients who provide a sworn statement or verbal attestation must provide medical verification of pregnancy within 30 working days following submittal of the sworn statement or verbal attestation for benefits to continue. The revised notice also informs recipients that if the pregnancy ends prior to the estimated delivery date and does not result in the live birth of a child, they are required to report that to the county within 30 days of the end of the pregnancy.

The Notice to Discontinue Pregnancy Special Needs Supplement (M44-211N), and Notice to Discontinue Cash Aid for Pregnant Person Only Assistance Unit (M82-820D) have been revised to add two new reasons to end the CalWORKs Pregnancy Special Needs Supplement: (1) when the pregnancy ends prior to the estimated delivery date and does not result in the live birth of a child, and (2) when medical verification has not been given to the county within 30 working days of receipt of the sworn statement or verbal attestation, and the recipient has not provided evidence of a good faith effort to comply with the verification requirement.

The new Notice to Discontinue Cash Aid for Pregnant Person Only Assistance Unit (M82-820D) Pregnancy Special Needs Supplement (M44-211N) has been revised to add two new reasons to end the CalWORKs Pregnancy Special Needs Supplement: (1) when the pregnancy ends prior to the estimated delivery date and does not result in the live birth of a child, and (2) when medical verification has not been given to the county within 30 working days of receipt of the sworn statement or verbal attestation, and the recipient has not provided evidence of a good faith effort to comply with the verification requirement.

These new notice of action messages will only be available in the CalSAWS computer system.  Counties may continue to use the prior versions of these notice of action messages until they are automated for all counties.  The letter does not include a timeframe for automation of these new notice of action messages.   (ACL 23-78, September 12, 2023.)