Representing Yourself at Hearing: Tips to Succeed
From CalWORKs | Welfare Resources
Contents |
State Fair Hearings
- Your Rights
- You have the right to:
- A written Notice of Action before the county changes your benefits in a way you think is bad for you.
- Ask for a hearing anytime you think there is something wrong with your case, even if you didn’t get a notice. This includes Welfare-to-work.
- How to Get a State Hearing
- Fill out the back of any notice of action. Just make sure to say, briefly, why you want a hearing.
- Example: “I think my Food Stamps are wrong.”
- You can call, toll-free, (800) 952-5253. (It’s often busy -- don’t delay and ask in writing if you can’t get through.)
- Note: List every program you are having problems with, and the issues you want to talk about at the hearing.
- Ask on Time!
- You only get to have a hearing if you ask on time. The notice will say how much time you have. Note: Time to ask for General Assistance and hearings about Child Care issues may be much shorter!
- Contact the County Appeals Officer
- The Appeals officer can:
- Tell you the county’s position.
- See if the county can settle with you.
- Arrange for you to see your file.
- Get you the county’s written statement of its position 2 days before the hearing.
- Note: The Appeals officer works for the County, not you. They may not think of all your arguments.
- Review Your File
- Look in your case file for the paperwork on your specific problem. The Appeals Officer can show you how the file is organized. Ask for paperclips or post-its to mark what you want copied.
- Note: Is the document missing? This may helps you, if your argument is that you didn’t get a Notice or written instructions.
- Settlement Issues
- Conditional Withdrawals
- This is when the county agrees to take an action to fix your case. In exchange, you agree to give up your hearing.
- Should I Settle?
- If the county is giving you what you want, yes. If you’re not sure if it’s fair, see if a legal advocate can review the settlement terms. Not sure? Continue with your hearing.
- Should I withdraw?
- A Withdrawal is when the county wants you to drop your hearing, without them doing anything for you. Even if the Appeals Officer doesn’t agree with you, you have a right to have a judge decide your case. The Appeals Officer could be wrong. If you withdraw your hearing, you may lose your right to bring up the issue again.
- Postponements
- You can get a postponement if:
- The county’s position statement is not ready 2 business days before your hearing.
- For a good reason, such as if you are sick or your witness won’t be able to come that date.
- To postpone, call (800) 743-8525. They will need your Hearing Number, listed on the letters from the state.
- Prepare Your Statement
- Write a short summary of what you want to say.
- List the evidence you want to turn in. (And bring the documents to your hearing!)
- Arrange for witnesses to come to the hearing, or to sign a statement.
Hearing Tips
- Make the Hearing Request Simple
- Just say “I disagree with ...” and list the action the county is taking. (Example: “with the overpayment,” or “with the grant cut.”)
- Keep your original notice -- send a copy.
- Unless you want your aid to stop, don’t check the box that says, “To Have Your Benefits Cut Now.”
- Get Aid Pending Your Hearing
- If you ask for a hearing before the action takes affect, your aid will stay the same until you get your hearing decision. (You should get the full aid amount within 5 working days of when the county gets your hearing request.)
- Ask Questions, Get the Rules
- Have the county show you the rules or documents they say supports their position. Make sure you understand any settlement papers. You can ask for different wording of a settlement (Conditional Withdrawal), if you think the county hasn’t explained their action well.
- Don't Sign a Withdrawal
- A withdrawal or dismissal of your hearing request means that you will not have a hearing. It is not a settlement. Get legal advice before you do this.
- Missed Your Hearing?
- You must call (800) 743-8525 within 10 days of the hearing and tell them why you had a good reason for missing the hearing.
- Problems?
- Call legal services to ask how your should handle the situation.
Need More Help?
For more legal help and information, you can use LawHelpCalifornia to contact a local legal advocate.
