California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - August 19, 1998
| Item 98-08-01A Jurisdiction where the Current amount of Aid Is at Issue |
Issue
If a claimant who receives an adequate notice files a hearing request more than 90 days after receiving such notice, and is disputing a county action which is a continuing action, should the judge dismiss the case? If no, what month or months should the judge review?
Authority
When a request for a state hearing concerns the current amount of aid the request shall be filed within 90 days, but the period of review shall extend back to the first of the month in which the first day of the 90-day period occurred. (§22-009.12)
Answer
Section 22-009.12 specifies that when the current amount of aid is in dispute, the claimant has a right to a hearing on the current amount of aid and the review extends back 90 days and includes the entire initial reviewable month.
The following example explains what is reviewable when the current amount of aid is at issue:
The county issues the claimant adequate notice on January 20, 1998 advising the claimant that her Medi-Cal share of cost is increased from $100 to $200 effective February 1, 1998. The claimant receives this notice but does not request a hearing until July 6, 1998.
Although the claimant’s hearing request is filed more than 90 days after the January 20, 1998, notice was issued, the claimant has the right to a state hearing to review the share of cost for the current amount of aid (i.e., July 1998) and the review will go back 90 days to include April 1998, May 1998, and June 1998. There can be no review of the February or March 1998 shares of cost because the hearing request was untimely as to those months.
Similar to the answer above, if a claimant requests a hearing on the current IHSS benefits or current CalWORKs grant, the judge may review the current month and go back 90 days from the hearing request.