I believe my CalWORKs was wrongly denied or stopped. How do I appeal?
If the county decides to deny your application, it must mail you a “Notice of Action” explaining why you were denied. It must do so within 30 days of receiving your application. If you disagree, you have the right to ask for a State Hearing to appeal (challenge) the denial. You must request a hearing within 90 days of the county’s decision.[1490]
Ways you can request a State Hearing:
- By phone. Call the California Department of Social Services (CDSS) at 1-800-952-5253 (TDD: 1-800-952-8349).
- By mail. Write your request on the back of the Notice of Action, or write a letter. Then mail your request to the county welfare agency’s address, which is on your Notice, or mail it to: CDSS Office of Hearings and Appeals; 744 P Street, M.S. 19-36; Sacramento, CA 95814.
- By fax. Fax request to the CDSS State Hearings Division at 916-651-5210.[1491]
Tips to remember when requesting a State Hearing:
- It’s recommended that you request a hearing in writing, so that there is a record of it. Keep a copy of your written request.
- In your request, clearly state that you want a hearing, and briefly state your reason.
- If you have a disability, note this in your request and specify any accommodations you will need. For example, if you need a large print of any official documents or a wheelchair-accessible room, write this in your request.[1492]
Rights you have when requesting a State Hearing:
- You have a right to have the county welfare agency’s help, if you ask for it, with understanding how to appeal a decision about your case and what your next steps should be.
- You have a right to a free interpreter who will explain all procedures and also interpret for you at the hearing in your preferred language. If you want an interpreter, state this in your request, and specify your language.
- You have a right to choose a representative (such as a friend, family member, lawyer, or advocate) who will ask for a hearing on your behalf. You also have a right to bring anyone to your hearing if you do not want to go alone.[1493]
- 1490
Application for CALFRESH BENEFITS, State of Cal. Health and Human Servs. Agency, http://www.cdss.ca.gov/cdssweb/entres/forms/English/CF285.pdf; 7 C.F.R. § 273.15(h); M.P.P. § 22-004.1, 63-804.3. ↑
- 1491
Application for CALFRESH BENEFITS, State of Cal. Health and Human Servs. Agency, http://www.cdss.ca.gov/cdssweb/entres/forms/English/CF285.pdf; see also Appeals/Fair Hearings, Alameda Soc. Servs., http://www.alamedasocialservices.org/public/services/appeals/index.cfm. ↑
- 1492
Requesting a Fair Hearing, Cal. Guide to Food Benefits, http://foodstamPGuide.org/requesting-a-fair-hearing/. ↑
- 1493
7 C.F.R. § 273.15(i)(1); M.P.P. § 22-004.211; Requesting a Fair Hearing, Cal. Guide to Food Benefits, http://www.cdss.ca.gov/cdssweb/entres/forms/English/CF285.pdf. ↑