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When an Appeal is Filed
When an Appeal is filed it is sent to the Appeals Unit located at 333 W Julian, San Jose, CA 95110. The request can be mailed to the Appeals Unit or hand-delivered. The Appeal Officer will review the appeal and may contact FCE to request the continuation of payments or services under the “Aid Paid Pending” policy.
The Role of the Foster Care Eligibility (FCE)
Notification of the Appeal is sent to FCE with “Notice of Filing of Fair Hearing” (SCD 555) and/or an e-mail. The FC Supervisor receives the request and forwards it the appropriate FC SSBS to take the action.
Aid Paid Pending
APP is the continuation of aid (payments) or services in the amount of what the FC provider, Legal Guardian or AAP parent/s would have received if the termination or denial of benefits was not received. Aid Paid Pending determination can only be authorized by the Appeal Unit. When APP is requested benefits must be restored or approved as soon as possible.
When the claimant is receiving a SCI and APP is requested, the SCI can only be paid for the period of time included SCI on the payment instructions. When the SCI expires during the APP period, the benefits must be reduced to the basic foster care rate unless new SCI payment instructions are submitted by the assigned SW.
APP is requested on October 1. The SCI is good from July through December. The basic rate plus the SCI is good only through December while the case is still in Appeals. If the case remains in Appeals in January, the payment must be reduced to the basic foster care rate effective January.
The FC SSBS must advise the Appeal Officer when the benefits have been restored or approved.
Representation
The Appeals Officer is required to fully represent SSA at the Appeals hearing. Only when it is in the best interest of SSA the Appeals Officer may request a FC SSBS or SW be present or available during the hearing. SSA prohibits FC SSBSs or SWs from representing claimants at the Appeals hearing.
In the rare instance that the FC SSBS is required to attend the Appeal hearing the Appeals Officer will notify the FC SSBS and the FC SSBS Supervisor of the hearing place including the date and time. The FC SSBS or FC SSBS supervisor must be available during the hearing either by phone or in person to clarify discrepancies. Due to confidentiality issues, SWs are more likely to attend an Appeals hearing.
Related Topics
Appeals for Foster Care, Kin-GAP and Adoptions