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The county says it paid me too many CalFresh (food stamp) benefits.

There are many reasons the county might say you were paid too many CalFresh benefits. (CalFresh is the new name for “food stamps.”) The county calls overpaid CalFresh benefits an “overissuance.” Some of the reasons the county may think your benefits were too high are that you had too much income, you did not turn in required paperwork to the county, or you are a student.

The county must give you a written notice telling you that the county thinks it gave you too much CalFresh and why. If you think the county is wrong, you can appeal and have your case heard by an independent hearing officer. You have 90 days from the date of the written notice to appeal your case. If you have a very good reason for appealing late, you can appeal up to 180 days after the date of the written notice.  If your notice does not meet legal requirements, such as not giving a reason or not being in your primary language, you can appeal even after that.

Once you appeal, there will be a hearing scheduled to explain why you think you did not receive too much CalFresh and for a hearing officer to decide if the county is right or wrong. If the hearing officer decides you are right, the hearing officer can tell the county you do not need to repay the benefits or ask the county to calculate your benefits again.

More info: 

You can find out more about your rights at the LSNC CalFresh Guide. Look on the back of the written notice for instructions about how to appeal. You can also appeal online at the State Hearings Division.

If you want more information or need help with your case…

Contact us

Disclaimer: None of the information or links provided at this site are legal advice.