1 / 15

A dvocating for our Students: Administrative Advocacy and Fair Hearings

A dvocating for our Students: Administrative Advocacy and Fair Hearings. Jodie Berger Legal Services of Northern California Vickie Hay Orange Coast College CalWORKs Association Statewide Training Institute March 14, 2011. What We Are Covering . When to file for a Fair Hearing

decker
Télécharger la présentation

A dvocating for our Students: Administrative Advocacy and Fair Hearings

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Advocating for our Students: Administrative Advocacy and Fair Hearings Jodie Berger Legal Services of Northern California Vickie Hay Orange Coast College CalWORKs Association Statewide Training Institute March 14, 2011

  2. What We Are Covering • When to file for a Fair Hearing • What to expect • What is an AR? • Preparation • Hearing • List of Legal Services Agencies

  3. What Kinds of Issues can be Challenged? • Any adverse action by county • Reduction or termination of cash aid • Sanction • Denial of supportive services, i.e. childcare, transportation, ancillary – textbooks, uniforms, etc. • Disagreement w/ assessment or WTW Plan • Failure to Act (not adding new household member) • Etc.

  4. How to Challenge County Action • What can a student do when she disagrees with the county worker? • Request a Third Party Assessment (not covered in this presentation) • Go up the chain of command at the county welfare department • Request a state Fair Hearing

  5. Taking Complaint Up the Chain of Command • Chain of command at county welfare department (CWD) • Case Manager/case worker • Supervisor • Deputy director of the district office • Director of district office • Chief of CW division • Director of CWD

  6. Preparing to Advocate with County • When calling • Have handy student’s name, case number, brief description of issue, and your phone number • Use the student guide to reference relevant citations to the law • Obtain the name of person you talk to • Take notes of the conversation

  7. Watch Your Deadlines • If you don’t get the answer wanted (as provided by law), call the next person on the chain of command • Don’t spend more than a day or two to go up the chain of command • Due to deadline to request a fair hearing • Can simultaneously request a TPA and/or a Fair Hearing

  8. Requesting a Fair Hearing • To challenge any adverse action (or inaction) by county • See slide 5 • Deadlines to request a fair hearing • 90 days from the date of the notice of action (NOA) • More time for good cause • 10 days from the date of the NOA in order to get aid paid pending the outcome • Verbal or written request (written is better) • If agreed, have student name the Authorized Representative • Use NA Back 9 form (appendix B-6) • Keep a copy • Ask for interpreter, if needed/desired

  9. What is an Authorized Representative? (AR) • Someone designated to speak for student • A lawyer, paralegal, friend, relative, college staff • Better to designate AR in writing • Can use Authorized Representative form (DPA 19) • Student doesn’t have to have an AR and can speak for herself

  10. What Happens After the Request? • State hearing office will send a notice of time, date, and place of hearing at least 10 days before hearing date • Hearing date about 30 days from request date • County appeals worker may contact student • Should contact AR if there is one • Student doesn’t have to talk to the appeals worker or accept any offer (unless good ones) • But maybe helpful to clarify issues • Be careful of what to say because appeals worker can bring up at hearing

  11. Settlements (Conditional Withdrawals) • Conditional withdrawal of hearing • A settlement of the issues • Make certain that all issues are covered in the agreement • Otherwise considered dropped • Don’t agree to withdraw if county will only “re-evaluate” or “reconsider” • County must act per agreement w/in 30 days • Student can request a hearing if disagrees w/ county’s action or if county doesn’t comply with agreement

  12. What to Do Before the Hearing? • Interview and prepare student • Outline arguments • Use the student guide to find out the law • Can submit a written “position statement” (with citations to the law if possible) at hearing • Gather documents and witnesses needed to support argument to submit at hearing • County must make available its position statement explaining its argument 2 days before hearing • Get a copy – avoid surprises! • Call your local Legal Aid Office

  13. What Happens at the Hearing? • Judge will explain hearing process • Testimony under oath • County will go first • Student or Authorized Representative presents her arguments, testimony, documents, and witnesses • If judge’s question isn’t clear, request clarification • Hearing is taped – “on record” • Hearing decision within 90 days of hearing request

  14. Legal Services • To locate legal aid services that may be able to assist: • http://www.lawhelpcalifornia.org/ • Click on Referral Directory in blue band at top • Go to “by County” tab • Look for the program that has the county or regional name in it.

  15. Resources • Western Center on Law & Poverty • Antoinette Dozier, adozier@wclp.org • Community College Listserv • Monitored by LSNC and WLCP • To access state ACLs or ACINs cited in the student guide • www.dss.cahwnet.gov/lettersnotices • To access state regulations (MPPs) • www.dss.cahwnet.gov/ord/CDSSManual_240.htm

More Related