Q: how do i appeal the state hearing division decision for a rehearing?

In Dec., 2018 i filed a request for hearing on food stamp benefits that were issued to me from 2007-2013 on a EBT card that i never had. Their paperwork confirms my first EBT card was issued in 2014. Their Case Comment Summary from my workers also confirms that no NOA was ever mailed to me through out the years of 2007-2013.The ALJ's decision on the hearing was since my request was more than 90 days of the action and since there was no evidence to establish my delay in filing was due to any action or inaction by the county, my claim was dismissed.Not knowing exactly how to place my words on the request for rehearing, & mainly not stating the benefits were issued on a EBT card i never had, the State Hearings Division agreed my original request for hearing was timely due to no notices of action BUT went on a fact of there was no evidence showing the county failed to issue me benefits therefore was denied as the evidence did not support a finding that lost benefits should be restored.

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: You should contact the San Mateo County Bar Association and request a referral to a lawyer who can help you with this issue. Make sure you keep all the evidence you have and take it to a lawyer to see if s/he can be of any assistance to you. I advise you to prepare a chronological story of what happened to your benefits from the first time you made any kind of a claim, and supplement that with the documents you have in your possession relating to the matter. You can even use your documents to help you tell the story from beginning to end. DO NOT DELAY. TIME IS OF THE ESSENCE OR YOU COULD LOSE YOUR RIGHTS.

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