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APPEALS and STATE HEARINGS |
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ASH 006 - Withdrawals |
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( ) 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 who are required to follow the policies and procedures outlined in this release and ePolicy handbook. |
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The claimant may withdraw their State hearing request any time before a hearing decision is adopted and signed by the California Department of Social Services (CDSS) Director or their designee. A withdrawal may be unconditional (straight withdrawal [WD]) or conditional.
Such withdrawal shall be submitted in writing. If the claimant has orally withdrawn the hearing request prior to the hearing, and such withdrawal is straight with no conditions, the Department will send the claimant/Authorized Representative (AR) a letter confirming the withdrawal of the request. The letter shall serve as the written withdrawal. The request for hearing shall be considered withdrawn unless within 15 calendar days of the mailing of the withdrawal request confirmation letter, the Department receives notice, either submitted in writing or orally, that the claimant has not withdrawn the request for hearing.
If the action or inaction for which a State hearing was requested is incorrect, a Conditional Withdrawal (CWD) is negotiated with the claimant and the County will be bound by the agreement to make the correction within 30 calendar days from the date the signed Withdrawal Request for Hearing form (DPA 315) is received by the County or the day the withdrawal is confirmed by the State. This confirmed CWD agreed upon action, alleviates the need for a State hearing.
If the State Hearings Division (SHD) is unable to confirm the WD/CWD because the Appeals Hearing Specialists (AHS) was unable to secure a signature via Interactive Voice Response (IVR), Appeals Case Management System (ACMS) or written confirmation (signed DPA 315) before the hearing day, the case will proceed to the hearing phase.
Reference: CDSS Manual of Policies and Procedures (MPP) 22-054.2. |
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The ASH section is responsible for the review of the appropriateness of each State hearing request and to review each case to determine if it can be resolved at the lowest possible level.
With the implementation of ACMS (September 17, 2018), the AHS are to process withdrawals via the State’s IVR System or in written form via ACMS. |
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Reasons to Initiate a Straight WD may include, but are not limited to:
1. The State does not have jurisdiction to address the issue, and it was explained to the claimant and they opt to withdraw their appeal;
2. The claimant no longer disputes the action taken;
3. The hearing was requested in error; or
4. The issue is resolved by the district/regional/contracted (which are inclusive of MAXIMUS, Cal-Learn, Refugee Employment Program [REP] and Resource and Referral/Alternative Payment Program [R&R] agencies) office prior to the scheduled hearing.
Reasons to Initiate a CWD may include, but are not limited to:
1. Unavailability of case record or pertinent documents;
2. Inadequate Notice of Action (NOA), (i.e. untimely, wrong dates, missing overpayment/overissuance [OP/OI] calculations);
3. Unsubstantiated County actions (e.g., no documentation on CalSAWS/Case Management Information and Payrolling System (CMIPS) II, does not have the “5 w’s” – who, what, when, where, why);
4. Conflicting or discrepant information in the case record (e.g., verification scanned on Electronic Document Management System (EDMS) but not updated correctly on CalSAWS/CMIPS II);
5. Verification provided to the County with proof of receipt, yet information not updated nor imaged to EDMS/Document Viewing Retrieval (DVR) document library;
6. Lack of corroborating evidence in the case record (i.e., action is documented in the CalSAWS Journal or CMIPS II Case Notes; however, the required evidence cannot be located in EDMS/DVR); or
7. Misapplication of regulations by the County.
Language Services
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 ASH 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 written communication.
To ensure that claimants are provided with effective language services, the AHS must complete the following steps:
1. Before communicating with the claimant, identify the claimant’s preferred spoken and written language and prepare to assist the claimant in the preferred spoken language;
2. Inform the claimant that free interpreter services can be provided;
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), or IHSS Social Worker, 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
2. Provide the following information:
a. ISD Language Services Cost Center Code;
b. Employee Number; and
c. Department Name.
3. 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, offer free interpretive services, and advise that a free 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 (PA 853) form; and
5. Use the Interpreter Services Statement and Confidentiality Agreement (PA 6181) as needed.
Case Documentation
1. Document the Daily Activities on ATS to detail the steps taken above and include the claimant’s self-declared preferred written and spoken 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 Solution’s services were requested.
Please see the sample case Journal 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].”
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N/A |
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