APPEALS and STATE HEARINGS

ASH 003 - Authorized Representative for the State Hearing

Purpose

(  ) To release a new policy

(  ) To release a new form

(X) To convert existing policy to new writing style only – No concept changes

(  ) Revision of existing policy and/or form(s).

The purpose of this release is to provide a clear understanding of the responsibilities and performance expectations for staff assigned to the Appeals and State Hearings (ASH) section.

Policy

In accordance with Manual of Policies & Procedures (MPP) section 22-085.1, the claimant may authorize a person or organization to represent them during all aspects of the State hearing process by signing and dating a written statement to that effect, or by stating at the hearing that the person is so authorized.

The duties of the Authorized Representative (AR) may be limited in scope or duration by the claimant and may be revoked by the claimant at any time.  

Background

N/A

Definitions

Requirements

Language Services

Staff assigned to the ASH section are required to follow the policies and procedures outlined in this release, except as otherwise instructed by the District Director or by the designated Deputy District Director (DDD).

Staff must take reasonable steps to ensure that claimants are provided effective services in their self-declared preferred language.

Staff must always document the Daily Activities on the Appeals and State Hearings Tracking System (ATS) with the claimant’s self-declared preferred language for both verbal and written communication.

Note:  If a claimant can communicate effectively in English, they must still be given the option to designate the language of preference for both verbal and/or written communication.

To ensure that claimants are provided with effective language services, the Appeals Hearing Specialist (AHS) must complete the following steps:

1.    Before contacting the claimant, identify the claimant’s preferred spoken and written language and prepare to assist the claimant in the preferred spoken and written language;

2.    Inform the claimant that free interpreter services can be provided if needed;

3.    Use forms translated in the claimant’s preferred language or provide verbal translation of English forms if they are not available in the claimant’s preferred written language;

4.    If a form is not available in the claimant’s preferred language, provide the form in English along with a Notice of Language Services form (GEN 1365); and

5.    Confirm the claimant’s spoken and written language preferences and inform the Case Carrying Worker (CCW) of any changes to the claimant’s language preferences.

If the claimant decides to use an interpreter provided by the County, the AHS must:

1.    Call the Language Services vendor: Language Line Solutions at 1-855-267-1141; and provide the following information:

a.    Internal Services Department (ISD) Language Services Cost Center Code;

b.    Employee Number; and

c.    Department Name.

2.    If the preferred language of the claimant is American Sign Language (ASL), the ASH Civil Rights Liaison shall submit an “ASL Interpreter Services Request” form to the Civil Rights section at least three (3) workdays prior to the requested service appointment date.  Refer to Civil Rights Memo CRM 13-03 (December 9, 2013) for additional information.

If the claimant decides to use their own interpreter, staff must:

1.    Inform the claimant of the Department’s free interpretive services and advise them that an interpreter can be provided at any time;

2.    Inform the claimant of potential problems with using their own interpreter, such as ineffective communication, conflict of interest, and inaccurate interpretation;

3.    Inform the claimant about the need to disclose private/confidential information to their interpreter;

4.    Obtain a written statement or utilize the Affidavit Form  (PA 853); and

5.    Use an Interpreter Services Statement and Confidentiality Agreement (PA 6181) as needed.

Case Documentation:

1.    Document the Daily Activities screen on ATS to detail the steps taken above and include the claimant’s self-declared preferred spoken and written language;

2.    This includes claimants who designated English as their primary language for verbal and written communication;

3.    Update ATS accordingly if any changes to the claimant’s preferred spoken and/or written language have been made; and

4.    Complete the Language Line Solutions log when Language Line Solutions’ services were requested.

Please see the sample case documentation below:

“The claimant’s preferred spoken language is [insert language] and preferred written language is [insert language].  Offered free interpretive services; the claimant [insert accepted or declined] the services.  Language services provided by [insert Language Services Method].  [Include any other relevant information specific to the case].”

Verification Documents

N/A