DPSS Online

How to Ask for a Hearing:

• By phone - Call the State at 1-800-952-5253 (Line is usually busy)
  
• In writing - Send to P.O. Box 18890, Los Angeles 90018
  
• ASH cannot accept oral hearing requests!
• If a claimant or authorized representative (AR) sends a hearing request directly to a line office, forward the request to ASH as soon as possible including the postmarked envelope

Appeals Process Overview

• Claimant files an appeal of an inaction or action taken by the County
  
• ASH reviews correctness of the County action and contacts claimant to discuss issues involved
  
• County acted incorrectly - ASH resolves issues with the claimant
  
• County acted properly and met all procedural requirements - ASH proceeds to the hearing phase
  
  

Aid Paid Pending (APP)
If a hearing request is filed prior to the effective date of action - aid shall be continued until ASH notifies the liaison to terminate APP - ALJ may order continuation of APP until a decision is rendered

Start APP (PA 280 - Notice to Initiate Aid Paid Pending):

• APP must be initiated within 5 days from filing date and issued by the benefit issuance date
  End APP (PA 279 - Notice of Termination of Aid Paid Pending):
  
• APP must be termed within 24 hours of ASH notification or upon receipt of a denied decision
  

Withdrawal of a Hearing Request (DPA 315 Form)

• Conditional WD - Claimant agrees to withdraw hearing request and County agrees to take some type of corrective action
  
• Straight WD - Claimant cancels hearing request because issues are resolved and claimant is satisfied with County action
  

Reasons for a Conditional Withdrawal (CWD)

• Unavailability of case record or pertinent documents
  
• Inadequate NOA (i.e., untimely, missing)
  
• Unsubstantiated County actions
  
• Conflicting/discrepant information in case record
  
• Lack of corroborating evidence
  
• Misapplication of regulations
  

Request for Case Correction (PA 411 Form)

• ASH contacts the district/region to discuss the CWD before making an agreement with the claimant or AR; however, ASH has final authority to enter into a CWD
• ASH is to complete the PA 411 and forward to line offices within 2 working days of the claimant having agreed to a CWD
• Districts/regions must comply with PA 411 instructions within 30 days of the CWD; liaisons respond back to ASH via ASH 411R
• Failure to comply with a CWD may result in the claimant requesting a Reopening of the hearing request

Hearing Phase

• ASH prepares a Statement of Position & attaches appropriate supporting documentation
• ASH representative and required witnesses appear at the hearing before an Administrative Law Judge; all hearings are taped
• Proper court demeanor includes formal oath of all participants and witnesses
• ASH does oral presentation of County's position, claimant/AR presents their position, ALJ asks questions as needed
• Hearing concludes and ALJ must render a decision within 90 days from the filing date

Other Hearing Outcome

• Continuance
• Postponement
• Hearing held open
• Non-appearance

Hearing Decisions

• Granted Decision - Appeal issue decided in favor of the claimant; County shall comply with the decision even if a Rehearing is being requested
• Denied Decision - Claimant's appeal is denied
• Granted in Part, Denied in Part - Part of the claimant's appeal is decided in his/her favor and part is denied
• Dismissal Decision - Appealed issue is outside of the State's jurisdiction or the hearing request is untimely
• Remanded Decision - ALJ instructs the County to take specific action relating to the issue but does not render a decision on the merits of the case
• Stipulated Decision - Agreement by the County & claimant, made at the hearing, whereby the County grants some or all of the claimant's allegations

Decision Recourse

• REHEARING - The hearing decision may be contested by the claimant or County (line staff may initiate such a request to ASH within 20 days from receipt of the decision); the State's Legal Division reviews the request and grants/denies a new hearing; if a rehearing is granted, a new hearing is held or it may be limited to a review of the record; thereafter, a new binding decision is rendered
• JUDICIAL REVIEW - A petition may be filed in Superior Court by the claimant or the County requesting a review of a decision or a rehearing decision; the petition must be filed within one year of receipt of the final decision; County Counsel is responsible for processing any judicial review requests

Hearing Decision Compliance Regulatory Mandate
Section 22-078:

• Liaisons must submit full compliance to ASH within 20 days from receipt of decision
• ASH must submit final compliance report to State within 30 days from receipt of decision
• Compliance response must specify how the County complied with the ALJ's orders
• State receives finalized compliance report:
     If appropriate, State notifies claimant & County that it has been approved
     If not appropriate, State notifies claimant & County and provides instructions on pending necessary action