63-007     State Hearing Decisions

 

Table of Contents
 
Section
County Notification of State Hearing Decision
007.1
Precedent Setting
007.2
Compliance Report (DPA 27) Deadlines
007.3
Completion of Compliance Report (DPA 27)
007.4

 

63-007.1

County Notification of State Hearing Decision

The County receives written notification of each state hearing decision.  A client’s request for hearing is considered as the household’s “claim” against the County.

 

A hearing decision may:

 

·   Grant the claim (rule in the client’s favor); or

·   Deny the claim (rule in the County’s favor); or

·   Grant in part and deny in part; or

·   Dismiss the claim due to abandonment or no jurisdiction.

 

-    If the client’s claim is denied or dismissed, the Appeals Section will image the decision into DoReS and notify the Family Resource Center (FRC) with instructions, including any directives related to APP when applicable.

 

-    If any part of the client’s claim is granted, the County will be responsible for timely compliance and notifying the State upon completion.  In these cases, the Appeals Section will image into DoReS a copy of the decision, together with forms 03-1 HHSA (Appeals Compliance Instruction Letter) and DPA 27 (Report of County Compliance with State Hearing Decision) and notify the FRC, requesting immediate action.  All actions regarding compliance are to be entered into case comments in detail.  The FRC will notify Appeals when compliance is finished and send the completed form DPA 27 to the assigned Appeals Representative.

 

 

63-007.2

Precedent Setting

It is important to note that state hearing decisions are not precedent setting and the decision relates only to that particular case.  No adjustments should be made in other cases with similar circumstances based solely on a hearing decision, unless ordered by a state hearing decision or by direction of Strategic Planning & Operational Support (SPOS).

 

 

63-007.3

Compliance Report (DPA 27)

Deadlines

The County must submit a Compliance Report (DPA 27) for each case where a claim was granted in any part within 30 days from the date the decision is received in the Appeals Section.

 

The FRC deadline for these actions will be specified on the 03-1 HHSA.  If the deadline cannot be met, contact the Appeals Section immediately.

 

When a decision results in an increase to a household’s benefits, a supplement shall be issued via the Electronic Benefits Transfer (EBT) system within 10 days of the receipt of the hearing decision.  As an alternative, the supplement may be issued in the normal issuance cycle, provided that the issuance will occur within 60 days from the household’s request for the hearing. 

 

When a decision results in a decrease to a household’s benefits, the decrease shall be reflected in the next scheduled issuance following receipt of the hearing decision.

 

63-007.4

Completion of Compliance Report (DPA 27)

The completed Compliance Report (DPA 27) is the means by which the State monitors the County’s proper and timely compliance with its hearing decisions.

 

The worker will review the decision and Appeals Compliance Instruction Letter (03-1 HHSA) immediately upon receipt to ensure that the compliance instructions are clear and that the deadline can be met.  All compliance activities, including client contact, verifications requested/received and Notices of Action (NOAs) are to be narrated fully in case comments.  When the compliance action is completed, the DPA 27 is to be completed.

 

Completing the DPA 27

 

Complete the following sections of the form:

 

·         Date of Report – The date the DPA 27 is completed.

 

·         Date Compliance Completed – The date when all of the actions ordered by the state hearing decision have been completed including the issuance of all required NOAs.

 

·         Explanation – Be specific as to the actions taken, the effective dates and/or period covered by each action, benefit amounts issued, the date of the NOA(s) issued, etc.

 

·         Contact Person – Name and worker number of the person completing the compliance report.

 

·         Phone Number – Number where the contact person can be reached.

 

·         Attach all supporting documents as requested by the Appeals Representative when returning the DPA 27 to Appeals (revised or rescinded claim determinations, letters, Notices of Action, etc.).

 

When Completing the DPA 27:

 

·         Follow the instructions provided by the Appeals Representative in the Appeals Compliance Instruction Letter.

 

·         Do not describe actions completed in terms of a form number or a CalWIN entry.

 

·         Do not refer to the compliance instructions without describing the specific actions (e.g. supplement issued, discontinuance rescinded, etc.) that were completed.

 

·         Questions about compliance actions and completion of the DPA 27 can be directed to the County Appeals Representative.