what type of lawyer handles fair hearings for medi-cal and food stamp cases in california

by Mr. Merl Torphy 5 min read

How do I get a hearing from the California Department of social services?

State Hearings Division. P.O. Box 944243, Mail Station 21-37. Sacramento, California 94244-2430. To the State Hearings Division by fax to (833) 281-0905. To the California Department of Social Services at the online hearing request page. OR. You can make a …

How is a recipient case handled in Philadelphia?

Jul 23, 2018 · How to ask for a state hearing. Send your hearing request to: California Department of Social Services. State Hearings Division. P.O. Box 944243. Mail Station 9-17-37. Sacramento, CA 94244-2430. If you are still confused about this process or would like assistance, please reach out to California Advocacy Group.

How do I get a hearing on a welfare case?

Nov 01, 2019 · How to Request a Hearing or an Expedited Hearing by Phone for Covered California/MAGI Medi-Cal cases: Call toll free (855) 795-0634 or Public Inquiry and Response toll free (800) 952-5253 or TDD (800) 952-8349. How to Request a Hearing in Writing: You may complete the "Request for State Hearing" on the back of the Notice of Action or put your ...

What is the purpose of the Bureau of hearings and appeals?

Hearing and Appeals. How do I request a fair hearing regarding my public assistance benefits? I need an In-Home Supportive Services provider denial hearing. I would like information about Paraphrased Regulations, E-Notes, Notes From the Training …

How do I appeal a Medi cal decision?

Providers who seek an appeal must initiate action by submitting a complaint in writing that identifies the claim and describes the disputed action or inaction. The simplest way is to use an Appeal Form (90-1) to identify the disputed claim. The FI accepts appeals related to claims processing issues only.

How do I appeal DPSS?

Calling the California Department Social Services State Hearings Division at 1-800-952-5253. Writing to the Appeals and Hearings Section, P.O. Box 18890, Los Angeles, CA 90018. Filing an online request at www.cdss.ca.gov.

What is a hearing for CalFresh?

A CalFresh household can ask for a fair hearing to appeal any action affecting its benefits by doing so in person, by telephone or in writing. [7 C.F.R. § 273.15(h); MPP § 22-004., 63-804.3.] The applicant or recipient can ask for the hearing or can also have a representative request a hearing on his behalf.

How do I appeal a CalFresh denial?

If your county has denied your CalFresh application, discontinued your case, or reduced your CalFresh benefits and you disagree with the decision, you can submit an appeal online. Before filing an appeal, we strongly encourage you to contact your county and see if you can work out the problem.

What is a state hearing?

A state hearing is an opportunity for you to explain the mistake and request the full amount of benefits you should receive.

Who is in charge of DPSS?

Antonia JiménezAntonia Jiménez is the Director for the Department of Public Social Services (DPSS) County of Los Angeles.

How do I file an IHSS appeal?

To ask for an appeal, you must complete the following within 60 days of the day the county tells you that you are not eligible to be an IHSS provider: Fill out and sign the Ask for an Appeal Form (SOC 856). Make a copy of the front and back of this page for your records.

What is aid paid pending?

If the household makes its request for a fair hearing within this 10-day rule, the household has a right to keep getting its benefits uninteruppted and at the same amount until the Administrative Law Judge (ALJ) decides if the CalFresh household wins its hearing. This is called “aid paid pending.” [7 C.F.R.

What happens if my CalFresh is terminated?

Households discontinued from the CalFresh program can have their eligibility restored on a pro-rata basis within the month following termination, without the need for a new application or an interview, if the household resolves the reasons for the discontinuance in that month.

Can you reapply for CalFresh after being denied?

[MPP § 63-301.423.] California was granted a one-year waiver allowing counties to issue a denial after 10 days. However, if a household can still perform the requested action within 60 days of submitting an application, there is no need to reapply.

Can I reapply for food stamps?

Supplemental Nutrition Assistance Program (SNAP) If you want to keep getting food benefits, you must re-apply every year. It is time for you to reapply. Your food benefits will end on <> if you do not reapply. You must file a new application by <> or your food benefits may be delayed.

How long do you have to wait to get a Medi-Cal hearing?

Here are some general rules on requesting an hearing: In most cases you have ninety (90) days to ask for a hearing.

What happens if your doctor asks for a service?

If your doctor or other medical provider asks for a service your plan will not approve, or your plan will not continue to pay for a service you already have, you have a right to ask for a state hearing.

Where can I get legal help if I don't want to attend a hearing alone?

You may get free legal help at your local legal aid office or welfare rights group, which is typically only a google search away.

How to request an expedited hearing?

How to Request a Hearing or an Expedited Hearing by Phone: Call the State Hearings Division toll free (800) 743-8525 or Public Inquiry and Response toll free (800) 952-5253 or TDD (800) 952-8349.

How long do you have to wait to get a hearing on Medi-Cal?

If you disagree with an action taken by the County or by the State Department of Health Care Services on or after December 1, 2019 about your Medi-Cal, now you have 210 days to request a state hearing instead of 90 days.

How long do you have to appeal a Medi-Cal plan?

If you disagree with an action taken by your Medi-Cal Health Plan on or after November 1, 2019, you now have 240 days to request a state hearing instead of 120 days, but you are still required to appeal to your plan first.

What is a fair hearing in New York?

A Fair Hearing is a chance for you to tell an Administrative Law Judge from the New York State Office of Temporary and Disability Assistance, Office of Administrative Hearings, why you think a decision about your case made by a local social services agency is wrong. The Office of Temporary and Disability Assistance will then issue a written decision which will state whether the local agency's decision was right or wrong. The written decision may order the local agency to correct your case.

How to request a fair hearing?

Request a Fair Hearing - Requests for Hearings can be completed online, by US Mail, by telephone or by fax. Request an Adjournment or Reopening - If you cannot appear at a hearing that has been scheduled but hasn't been held yet, you may request that it be adjourned (postponed) to another date.

What is the number to call for a TDD service in New York?

Please contact the New York Relay Service at 711 and request that the operator call us at 1 (877) 502-6155. Service at this number will only be provided to callers using TDD equipment.

How many appeals does the Bureau of Hearings and Appeals receive?

The Bureau currently receives approximately 100,000 appeals per year. Appeals are filed with program offices, which process and track them, then forward them to BHA.

What happens when an appeal is received by the Bureau?

When an appeal is received by the Bureau, it is docketed and scheduled for a hearing to be conducted by an Administrative Law Judge. When a hearing date has been assigned, a written notice is sent to both parties, i.e. the appellant and to the departmental program office.

What are the issues under the Bureau of Hearings and Appeals?

The issues under Bureau of Hearings and Appeals jurisdiction include, but are not limited to, the following: Denial, reduction, suspension, or termination of Cash Assistance, Medical Assistance or Supplemental Nutrition Assistance Program (SNAP) benefits, formerly known as Food Stamps. Denial, reduction, suspension, ...

What is the Bureau of Hearings and Appeals?

The Bureau of Hearings and Appeals has the authority delegated by the Secretary of Human Services to hear and adjudicate over 280 jurisdictional issues for the Department of Human Services. The Bureau is also designated to hear and adjudicate issues for the Department of Aging under an interagency agreement. The issues under Bureau of Hearings and ...

What does DHS mean when it says benefits have been denied?

When the Department of Human Services (DHS) or the Department of Aging notifies the applicant or recipient that benefits or payments have been denied or will be reduced, suspended or terminated, he or she has the right to request a fair hearing to dispute the adverse action.

What is the hearing method in Pennsylvania?

The hearing method (telephone or in-person) is the appellant's preference. Whether in person or over-the-telephone, hearings are conducted in accordance with 55 Pa. Code, Chapter 275 (and also 6 Pa. Code, Chapter 6 in Aging appeals). The responsibilities of the Administrative Law Judge include conducting the hearing in an orderly ...

What is a formal appeal?

"Formal Appeals" refers to approximately 100 jurisdictional issues concerning the Department of Human Services (or the Department of Aging) but not relating to benefits for individual recipients or applicants.

What is the number to call for a TDD service in New York?

Please contact the New York Relay Service at 711 and request that the operator call us at 1 (877) 502-6155. Service at this number will only be provided to callers using TDD equipment.

What is the number to call for fair hearings in NYC?

If you live in NYC and need to request an emergency Fair Hearing, you may call 1 (800) 205-0110. This number is only for emergency situations. Requests that do not involve emergencies will not be taken at this number.

What happens if you give DHHS false information?

It can also happen if DHHS thinks you knew you were breaking a Food Supplement program rule. If DHHS decides there was an Intentional Error they may send a notice charging you with an Intentional Program Violation (IPV).

How much does DHHS take from food supplements?

The amount that DHHS will take depends on the type of overpayment you have. In most cases, DHHS will take $10 or 10% of your monthly benefit – whichever is more. For example, if you get $100 a month or less, your monthly payment is $10.

What is an overpayment in DHHS?

What is an overpayment? An “overpayment” happens when DHHS uses the wrong information to figure out your Food Supplement amount and gives you too much in benefits. This can happen because you made a mistake or because they made a mistake. There are three kinds of overpayments: “Agency Error”.

How long do you have to appeal a DHHS overpayment?

The type of overpayment makes a difference in your rights. You only have 90 days to appeal. To appeal, call or visit your local DHHS office.

How long does it take to repay a food supplement overpayment?

If you would not able to repay your overpayment within three years by paying 10% of your “net Food Supplement income” each month, you may be able to get the “compromise.”. This means you need to do a Food Supplement budget to figure out what 10% of your benefit would be if you were still getting food benefits.

What happens if you don't get food supplements?

If you are not getting Food Supplement benefits, DHHS will try to get you to agree to a repayment plan. If you do not agree, they can take your tax refund . In some situations they can also take part of the other benefits you get, like Social Security or Unemployment.

How long do you have to ask for a compromise?

You have to ask for the compromise. You only have 90 days to ask. You may be able to get a compromise if you can't repay the entire amount in 36 monthly payments. The monthly payments should be either $10 or 10% of your monthly benefit, whichever is higher.

How does a snap investigation work?

An investigation begins with the discovery of inconsistent information that prompts a report to the state's SNAP agency. This happens through a tip, computer match or through quality control. The quality control process involves analyzing cases for accuracy. For example, SNAP recipients must explain how they make ends meet by answering questions at their certification interview about their financial management. If a recipient reports very low income but pays bills each month, this could indicate that the client has unreported income.

What is Snap agency?

Each state SNAP agency uses a computer program to determine eligibility. This program interfaces with other databases, such as the unemployment office, child support office and government agencies, such as the Bureau of Vital Statistics and prison systems. When a client's situation changes, such as when a household member leaves for prison, ...

What is the investigation process for food stamp fraud?

Supplemental Nutrition Assistance Program, or SNAP, fraud, is the act of deliberately deceiving the state to get food benefits or misusing those benefits. The agency issuing the SNAP benefits investigates once it is alerted to possible fraud. Penalties include paying restitution, paying fines, ...

What are the penalties for stealing a snap?

Penalties include paying restitution, paying fines, disqualification from SNAP and incarceration. Clients and retailers can also commit fraud by accepting cash for the use of SNAP benefits. Disqualified retailers can also get in trouble for lying on an application to become a SNAP retailer.

What is SNAP fraud?

Supplemental Nutrition Assistance Program, or SNAP, fraud, is the act of deliberately deceiving the state to get food benefits or misusing those benefits. The agency issuing the SNAP benefits investigates once it is alerted to possible fraud. Penalties include paying restitution, paying fines, disqualification from SNAP and incarceration. Clients and retailers can also commit fraud by accepting cash for the use of SNAP benefits. Disqualified retailers can also get in trouble for lying on an application to become a SNAP retailer.

What happens if you are a fraudster?

If there is evidence of fraud, you may have to attend an administrative hearing or receive a summons to appear in court under a Waiver of Intentional Program Violation Hearing. Receiving a court summons depends on one of two circumstances: the investigators found that you willfully deceived the state with misleading statements or concealed facts, or you committed a crime that violates the Food Stamp Act. The length of the investigation varies by state and case circumstances.

How to prove fraud?

To prove fraud, the evidence must show that you intentionally deceived a party into providing a benefit you would not have otherwise received if you'd told the truth. The government understands human error and computer errors occur.