California Department of Social Services - State Hearings Division
Notes from the Training Bureau - April 16, 2003

Facts

The claimant requested a hearing in November 2001 requesting restoration of lost food stamps. The county stipulated to recompute food stamps retroactive to November 2000 which is one year prior to the claimant's hearing request. The claimant did not accept that stipulation because she alleged that she has requested restoration of lost benefits on many occasions including as far back as 1996. She alleges that she provided the county with utility and childcare receipts, but the county failed to consider these receipts in computing food stamp allotments.

There was no evidence that the county had ever issued a notice of action or otherwise acted upon any of the claimant's alleged requests for restoration of benefits.

Law

A request for state hearing must be filed within 90 days of the action or inaction with which the claimant is dissatisfied. In the Food Stamp Program, the appropriate time limits are set forth in §§63-802.4 and 63-804.5. If the claimant received adequate notice of the action, the date of the action is the date the notice was mailed to the claimant. (§22-009.1)

Unless a longer period of time is specified elsewhere in regulations, lost benefits shall be restored for not more than 12 months prior to the earlier of the date the county receives a request for restoration of benefits from the household or the date the county is notified or otherwise discovers that a loss to the household has occurred. (§63-802.12)

If a household believes that it is entitled to restoration of lost benefits but the county does not agree, the household has 90 days from the date of the county determination to request a state hearing. The county shall restore lost benefits to the household only if the state hearing decision is favorable to the household. Benefits lost more than 12 months prior to the date the county was initially informed of the household's possible entitlement to lost benefits shall not be restored. (§63-802.42)

Analysis

In a rehearing, the Administrative Law Judge needs to make a finding of fact whether the claimant made any request for restoration of benefits, and if so, when such request was made. If the Administrative Law Judge determines that the household made a request for restoration of lost benefits, the judge should order the county to recompute the food stamp allotment for 12 months prior to that date. The claimant's entitlement to restoration of lost benefits is not limited to 12 months prior to the hearing request if the judge finds that the claimant made a request for restoration of benefits at a date earlier than the hearing request, and if the county failed to act on such request.