Non-Automatic Hearings

Overview

A request for a hearing must be completed by the applicant/recipient for all hearings involving violations of non-work related regulations. Refer to Non-Automatic Hearing Process.

Methods of Filing

A request for a hearing may be oral or written.

Oral Requests

Individuals can contact the County Appeals Unit directly by calling (408) 817-6051. The County Appeals phone number is provided on the back of the NOA.

Written Requests

An applicant/recipient may file a written hearing request by completing any of the following:

Notice of Action

The back of the NOA contains all information necessary to file a request for a hearing. The applicant/recipient should be encouraged to use the NOA because it describes the action with which they are dissatisfied.

“Request for General Assistance Hearing” (GA 20) Form

This form may be used to request any non-automatic General Assistance hearing. The original is date stamped by clerical and forwarded to the Appeals unit. A copy is also given to the applicant/recipient.

Any Other Form of Written Request

A hearing requested in this manner must include identifying information (e.g., date of birth or social security number) and information about the action which they are appealing.

Important: Any request for hearing received by the EW shall be forwarded IMMEDIATELY to the Appeals Unit.

Where to File a Written Request

Written requests can be:

Mailed to the Appeals Unit at 333 W. Julian St. San Jose, Ca 95110 or
Hand-delivered to a Social Services District office

Note: If a request is mailed to or dropped off at a district office, it must be:

Date stamped immediately
Scanned and mailed to the Appeals email in-box: asbappeals@ssa.sscgov.org (including the envelope stamped by the Postal Service), and
Forwarded without delay (within 24 hours upon receipt) to the Appeals Unit.

Timely date-stamping, scanning and forwarding the request and envelope is critical to the determination of Aid Paid Pending and the right to the hearing itself, by establishing the filing date.

Time Limits for Request

Although all requests will result in a scheduled hearing, only those requests filed within certain time limits are within the jurisdiction of the hearing officer.

A request for a hearing on a discontinuance/change must be date stamped within 30 days after the date of the action with which the claimant is dissatisfied. This date shall be the date on which the notice was mailed to the claimant.
A request for a hearing on a denial must be date stamped within 30 days of the date of the denial NOA.
A request for a hearing on an inaction by the Agency must be filed within 30 days of the date the Agency should have taken action.

Time Limit for Aid Paid Pending

The recipient MAY be eligible to receive GA benefits pending the decision of the appeals hearing officer if the hearing request is date-stamped as received within seven days of the date of the NOA. Refer to Aid Paid Pending (APP) a Hearing Decision.

Note: Aid Paid Pending a Hearing does not apply to denials or new applications.

Scheduling the Hearing - Appeals Officer

Upon receipt of a request for a hearing, the Appeals Officer (AO) shall schedule the applicant/recipient for the next available hearing date.