Aid Paid Pending (APP) a Hearing Decision

APP Definition

Aid Paid Pending a hearing is the continuation of aid or services in the amount the claimant would have received if the proposed action was not taken.

APP Provisions

Non Automatically Scheduled Hearings

As specified in GA Policy [GA 123], if the request for an appeal hearing (other than an automatically scheduled hearing) is filed personally or by mail within seven (7) days of the notice of action, aid shall not be terminated or reduced pending the issuance of a written decision by the Hearing Officer. The request shall be filed with the Social Services Agency, Appeals Unit. If the request for a hearing is filed by mail, it must be sent by United States mail with the postage prepaid and with a postmark establishing that the date of mailing was within seven days (7) of the notice of action by the Agency. However, aid may be terminated or reduced immediately if the termination or reduction of aid is based on a change in state law, county policies, or agency regulations or procedures.

Automatically Scheduled Hearings

As specified in GA Policy [GA124], if the automatically scheduled hearing date is later than the date of the proposed discontinuance and sanction, aid shall be paid pending the hearing and decision.

Determination of Aid Paid Pending

Upon receipt of a hearing request, the AO will make an APP determination based on the following:

Issuance of NOA.
Validity of the NOA
Timely hearing request (within seven days from the date on the NOA).

The APP determination is documented in a “Notification Of Filing Of Fair Hearing” form (SCD 555).

Notification of Aid Paid Pending

The Appeals Clerk, upon receipt of an SCD 555 from the Appeals Officer (AO), must contact the GA/Appeals liaison to request for EW assignment.

Reminder: Aid Paid Pending shall be processed by the assigned EW ONLY after the EW is notified in writing or by SCD 555 completed by the Appeals Officer.

Note: No Aid Paid Pending shall be issued as a result of a change in:

Board of Supervisors policies
Agency regulations
State law
Federal law

Issuance of Aid Paid Pending (APP)

APP payments are to be issued on a monthly basis in the same amount as the original grant received PRIOR TO DISCONTINUANCE OR REDUCTION. APP will be issued as a continuing grant to both; the claimant and the landlord (if needed). The effective date of APP is the date immediately following the CORRECT effective date of the adverse action (i.e., timely NOA).

The assigned EW shall take the following steps to issue APP:

Make changes in CalWIN Data Collection subsystem and change the amount the claimant would have received if the proposed action was not taken. The changes must be made effective the first of the month for which APP is to be issued.
If the case has been discontinued, rescind the action and restore the continuing grant for BOTH the claimant and the landlord (if needed). If the grant has been reduced, increase the continuing grant to the amount received prior to the adverse action.
- Note: CalWIN calculates the first APP month's payment by deducting the amount paid prior to the receipt of the SCD 555, from the total amount of APP the claimant is entitled to.
Issue past due APP on an immediate need basis, as appropriate with Supervisor approval. Issue future APP as a continuing grant.
Take action to change the case status upon receipt of the hearing decision.
- If Agency’s Proposed Action is:
  - Upheld, then the assigned EW must:
    - Discontinue/reduce the grant amount effective the first of the following month. A new NOA is NOT required.
    - Establish any resulting overpayments.
  - Overturned, then the assigned EW must:
    - Continue the aid payment since the claim will be granted.

Example — Grant Reduction

On 11/20, a NOA is sent to the client to reduce the grant from ($312) to ($200) effective 12/01. On 11/26, the client files for a hearing (timely for APP). The Appeals Officer completes an SCD 555 to notify the assigned EW that the client has filed an appeal and that APP must be paid.
Prior to the grant reduction, the authorized payment to the landlord was ($300) and payment to the client was ($12).
The entire reduced grant ($200) for December has already been issued to the landlord. On 12/3, APP begins for December.
Calculate the initial APP amount for December, the reduced grant ($200) is deducted from the total grant received prior to the reduction ($312).
$100 of the remainder ($112) is issued to the landlord, and ($12) is issued to the client.
1. Note: UNDER NO CIRCUMSTANCES SHOULD THE TOTAL PAYMENT FOR THE MONTH (reduced grant plus APP) EXCEED THE MAXIMUM MONTHLY GRANT AMOUNT.
If the hearing decision is not received by 1/1, the APP total amount ($312) will be paid the same as a regular continuing monthly grant, both to the client and to the landlord until a Hearing decision is received.

Changes During APP Period

Any changes occurring during the APP period require normal EW actions. Such changes include, but are not limited to:

Processing SAR 7s and the resulting changes.
Processing reinvestigations.
Making budget changes.
Sending NOAs.
Discontinuing for reasons other than the one being appealed.

Cessation of APP

Eligibility for APP stops when:

The client withdraws the hearing request.
The client does not appear for the hearing.
The client reschedules a hearing with no good cause.
A hearing decision has been made.

Note: The Appeals Supervisor is responsible for determining good cause.

It is NOT necessary to send a NOA when APP stops.

APP Automatic Hearings

APP shall be paid ONLY in the following circumstances:

If the date of the hearing is later than the proposed discontinuance and sanction; or
If the automatic hearing is rescheduled.

The hearing may only be rescheduled if:

The client shows good cause for missing the original hearing date, or
The Agency requests that it be rescheduled. Refer to Good Cause.