I believe my CalFresh was wrongly denied or stopped. How do I appeal?

If the county denies your CalFresh application, it must mail you a Notice of Action explaining why. It must do so within 30 days of getting your application. If you disagree, you have a 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.[1517] In order to continue receiving benefits during your appeal, with assistance being paid while your appeal is pending, you must request a hearing within 10 days.

Ways you can request a State Hearing:

    By phone. Call California Department of Social Services (CDSS) at 1-800-952-5253 (TDD 1-800-952-8349).[1518]
    By mail. Write your request on the back of your Notice, 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 your request to: CDSS State Hearings Division at 916-651-5210.[1519]

Tips to remember when requesting a State Hearing:

    It is best to request a hearing in writing, so that there is a record of it. Keep a copy of your request.
    In your request, clearly state that you want a hearing, and briefly state your reason for wanting one.
    If you have a disability, note this in your request and specify any accommodations you will need—such as a need for documents to be in a larger font, or in a room with wheelchair accommodations.[1520]

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, or advocate) who will ask for a hearing on your behalf. You also have a right to bring someone to your hearing (such as a friend, family member, or advocate) if you do not want to go alone.[1521]
  1. 1517

    7 C.F.R. § 273.15(h); MPP §§ 22-004.1, 63-804.3.Overview of the Application Process: CalFresh Handbook, Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/calfreshoutreach/res/Toolkit/Handbook-GeneralMarket/GeneralMarketHandbook_CH5_OverviewoftheApplicationProcess.pdf.

  2. 1518

    Overview of the Application Process: CalFresh Handbook, Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/calfreshoutreach/res/Toolkit/Handbook-GeneralMarket/GeneralMarketHandbook_CH5_OverviewoftheApplicationProcess.pdf.

  3. 1519

    Requesting a Fair Hearing, Cal. Guide to Food Benefits, http://foodstamPGuide.org/requesting-a-fair-hearing/.

  4. 1520

    Requesting a Fair Hearing, Cal. Guide to Food Benefits, http://foodstamPGuide.org/requesting-a-fair-hearing/.

  5. 1521

    7 C.F.R. § 273.15(i)(1); MPP § 22-004.211; Requesting a Fair Hearing, Cal. Guide to Food Benefits, http://foodstamPGuide.org/requesting-a-fair-hearing.