Learning Disabilities: Getting Appropriate CalWORKs Services

Your Rights

If you have a disability, you have special protections in CalWORKs and at work.

These are some signs that you may have a learning disability:

It’s hard for you to fill out forms or follow directions.
People don’t get what you try to say.
You were in special education or got extra help in school.
Note: People with learning disabilities can have a lot of problems with some things, but do great in others.

CalWORKs must offer you a Learning Disabilities Screen to see if you may have a Learning Disability.

If you do have a learning disability:

You can learn your strengths and find ways to make it easier for you to learn and do better in school and at work.
The county can help you get into the right kind of welfare-to-work activity, such as training.

The screen is very simple. It only takes about 30 minutes. It is just a few questions about your learning experiences and your health.
The screen is confidential. It is your choice if you want to do it. Let your worker know if you want to be screened.

The screen will help you decide if you want to go to a specialist to find out if you really have a learning disability.
The specialist can suggest ways to help you get around your learning weaknesses.
If county’s specialist says you are not learning disabled, and you do not agree, ask for a hearing. You also can try to get another opinion on your own, through Medi-Cal or the Department of Rehabilitation.

If you have a learning (or other) disability, CalWORKs must see if it should change its rules or services to help you. This is called an "accommodation."
Accommodations can help you meet the CalWORKs rules, get the most out of your program. They can help you avoid a sanction (cut in aid).
Accommodations are personal to you, based on what you need.
Let your worker know what has helped you succeed in the past, if you know.
Examples:

If you have memory problems, giving you a tape recorder or information in writing, so you can go back over instructions or lessons.
If you have reading problems, going over materials out loud.
Extra time to take exams.

You can get more training time if the county:

didn’t screen you or
didn’t give you accommodations, and
you did not successfully complete or benefit from the welfare-to-work activity.

If you cannot work or do your welfare-to-work activity the full 32-35 hours a week, you should be exempt. See Exemptions: When You Are Unable to Do Welfare to Work.
If the county said you need training, it should not put you into work just because you have a learning disability.
If you disagree with the welfare-to-work plan made after the learning disability evaluation, you have the right to a “Third Party Assessment.” A neutral person will look at your accommodation and employment needs.
If you were never screened, even if you turned it down before, you can get screened now.
If you were sanctioned, ask to be screened.
Problems? Ask for a state hearing! Fill out the back of any Notice of Action or call (800) 952-5253.

For more legal help and information, you can use LawHelpCalifornia to contact a local legal advocate.