What happens after the household wins the hearing

If the Administrative Law Judge (ALJ) decides thau.ws.ct the household did not get all the CalFresh benefits it should have, the county will give back the benefits it denied earlier. [7 C.F.R. §§ 273.15(c)(1)-(2), 273.15(r)(2), 273.15(s)(1); MPP §§ 63-804.7; 22-078.22.] These extra benefits will often come with the next month’s CalFresh benefits allotment. In any months that are left in the certification period, the CalFresh office will give the household the amount of CalFresh benefits the ALJ said it should get, unless household circumstances change.

The CalFresh office must implement the decision and correct the CalFresh benefits amount within 10 days of the decision. But the local CalFresh office may wait to correct the benefits until the time of the household’s next benefit issuance, if that date is within 60 days of the date the appeal was filed. [7 C.F.R. § 273.15(c)(1); MPP § 63-804.7.]

The CalFresh household can get back the benefits it lost even if the household is not getting CalFresh benefits now. [7 C.F.R. § 273.17(a)(3); MPP § 63-802.13.] In other words, if the household is not currently getting CalFresh benefits, it can win a hearing and get CalFresh benefits that the local county welfare department should have provided for past months when the household was on CalFresh benefits. The eligible household can get back benefits even if the CalFresh office completely denied the CalFresh application, if the ALJ decides that the CalFresh office should have given the household CalFresh benefits at the time it first applied.  Benefits can be restored for up to one year from the date of a request.  [MPP § 63-802.12; 7 C.F.R. § 273.15(g).]