63-004     Aid Paid Pending

 

Table of Contents
 
Section
General
004.1
APP Instructions from Appeals Representatives
004.2
Households Not Entitled to APP
004.3
APP Pending the Hearing Decision by ALJ Ruling
004.4
APP Pending the Hearing Decision by ALJ Reversal
004.5
APP Notice of Action
004.6
Discontinuances of APP
004.7
APP Overissuances
004.8

 

63-004.1

General

When a household files a request for a hearing based on a Notice of Action (NOA) proposing to reduce, discontinue, suspend or terminate aid, the household may be entitled to Aid Paid Pending (APP).

 

The responsibility for the initial determination regarding APP rests solely with the Appeals Section.

 

Staff should not anticipate that a household will file a request for a hearing, as APP may not be initiated nor discontinued without instructions from the Appeals Section.

 

 

63-004.2

APP Instructions from Appeals Representative

 

If APP is authorized, the CalWIN Help Desk will receive specific instructions regarding the amount and the period involved.

 

APP instructions will be acted upon by CalWIN Help Desk staff by the next workday following the date the APP notification and instructions were received.

 

If a case was discontinued but is in APP status, the client should be encouraged to reapply and have their benefits determined, even though the case is active.  A reapplication during an APP period, in this type of situation, may eliminate or reduce an overissuance caused by the APP if a new application is taken and eligibility is determined.

 

A worker/and or FRC should never refuse to take a new application during an APP period.

 

NOTE:  CalFresh benefits will continue unchanged for those issues covered by the appeal until further notice.  Issues not covered by the appeal, or new issues subsequent to the appeal can still result in termination, suspension, increase or decrease in benefits with a new Notice of Action.

 

 

63-004.3

Households Not Entitled to APP

Generally, CalFresh households are not entitled to APP when:

 

·         The issue is denial of a request for replacement of lost benefits;

 

·         The household’s certification period has expired;

 

·         The issue under appeal is due to a mass change;

 

·         The issue is termination because the household received Expedited Services (ES) and failed to provide postponed verification as required by ES regulations.

 

Normally, the Appeals Section will determine a household’s entitlement to APP prior to reviewing the case record.

 

If APP is ordered and one of the conditions cited above exists, the assigned worker must immediately call the Appeals Section to clarify the situation.

 

 

63-004.4

APP Pending the

Hearing Decision by ALJ Ruling

In cases where APP was authorized, the Administrative Law Judge (ALJ) may rule at the hearing whether APP is to be continued pending the final decision.


The county representative will notify the FRC of the status of APP once a decision has been rendered by the State.

 

 

63-004.5

APP Pending the Hearing Decision by ALJ Reversal

Occasionally, when the Appeals Representative has not authorized APP, the ALJ may reverse that determination and order APP at the hearing. 

 

When this occurs, the FRC will receive the initial APP notification after the hearing and the assigned worker is to promptly issue aid for the period specified in the instructions.

 

Even when the hearing officer orders APP, aid can still be increased, reduced, suspended or terminated for reasons other than those addressed at the state hearing, subject to normal Notice of Action requirements.

 

 

63-004.6

APP Notice of Action

The assigned worker will manually generate APP NOA CSC 54 through CalWIN (Print a Form/Other Correspondence Manually). 

 

If the assigned worker prepares a manual APP NOA, the NOA must inform the household that should their claim be denied, the CalFresh benefits issued as APP may be considered an overissuance and a claim will be established against the household.

 

 

63-004.7

Discontinuance of APP

APP will be discontinued when:

 

·         The claimant withdraws or abandons the request for hearing; or

·         The ALJ determines at the hearing the issue involved is one of law and not incorrect application of law; or

·         The claimant voluntarily and knowingly, in writing, waives the continuation of aid; or

·         The ALJ denies or dismisses the claim following a hearing.

 

 

63-004.8

APP Overissuances

CalFresh benefits issued as APP can be collected as an overissuance if the household loses the appeal.  The worker must explain the potential overissuance to the household if they contact the worker regarding a request for hearing.

 

APP overissuances are Inadvertent Household Error (IHE) claims and can be collected at 10% of the CalFresh monthly allotment or $10 whichever is greater (a whole dollar amount must be used).