transcript   Transcript

Overview of Administrative Hearing; Requesting and Preparing for Hearing

Recorded on: Sep. 17, 2018
Running Time: 01:52:18

Full Transcript:

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Taken from the Web Program Representing the Pro Bono Client: Advocacy Skills for Administrative Hearings 2018 Recorded September, 2018 in San Francisco

Overview of Administrative Hearing; Requesting and Preparing for Hearing [01:52:18]
I. Overview of Administrative Hearing
 A. Approach to Training

  • Much in common, each agency has special aspects
 B. Key Differences From Court
 • More informal setting, tone, rules
  • “Discovery”
  • Evidence rules
  • Office of Administrative Law Hearings/APA hearings more formal
 • ALJ’s accustomed to Lay (or no) representation 
 • Aid Paid Pending or Benefits Continuation
 • Appeals based on administrative record
 C. Introduction to and Administrative Procedure for Benefits Rights
 • Social Services claims and appeals
 • Supplemental Security Income claims and appeals
 • Public Housing and HCVP reviews and hearings
 • Public benefits claims and appeals: General Assistance, CalWORKs, CalFresh, Medi-Cal, etc. 
 • Unemployment and state disability Insurance claims and appeals
 • Wage claims and adjudication process
II. Requesting and Preparing for Hearing
 A. Jurisdictional and Aid Paid Pending (APP) Limits
 • Hearing Requests
  • Program-by-program examples 
 • APP Limits
  • Varies program to program
  • County programs (like GA, County Health) can be as short as 1 week
  • Some programs include additional time for good cause or equity (e.g. WIC 10951, lack of notice)
  • Some require confirmation of issues (APA hearings) with deadline to submit
  • Can be different within program (e.g. SSA initial claims; Continuing Disability Reviews (CDRs); age 18 redeterminations)
 • Issues
  • Date of notice vs. date of mailing (keep envelope); agency presumption of 5 days for mailing
 B. Requesting Format of Hearing and Special Services
 • In person vs. video vs. phone hearings 
  • SSA regulations  (include right to in-person hearing)
 • Interpreters and accommodations
 • Program-by-program examples 
 C. Discovery
 • Informal exchange of information
 • File review
  • Statutory and regulatory rules re: charging fees to access record copies
  • Issues with/availability of electronic review
 • Access issues (privilege/confidentiality)
  • Some (APA) hearings have more formal process and strict timelines
 • Program-by-program examples 
 D. Witnesses and Subpoenas
 • Client and witness preparation
 • Subpoenas
  • Most agencies issue subpoenas, but not all websites/regulations tell you how to get it
  • Many subpoenas are not enforceable or are hard to enforce, but can reference issuance
  • Service issues
 • Declarations
 • Program-by-program examples 
 E. Position Statements
 • Notice of Hearing: list of issues and/or experts
 • Agency position statements
  • Some require, and have deadline for, agency position
   • List of relevant rules
   • List of witnesses to be called
 • Claimant’s position: generally not required, but helpful
 • Program-by-program samples and discussion thereof
F. Postponements
G. Informal Resolution

 • Possibility of redetermination
 • Possibility of settlement/mediation
Jodie Berger, Katherine Fiester, Lauren Hansen, Deep Kaur Jodhka, Adam Poe
The purchase price of this Web Program segment includes the following article from the Course Handbook available online:

  • Social Security Administrative Hearings—Outline
    Deep Kaur Jodhka
  • Ensuring Program Uniformity at the Hearing and Appeals Council Levels of the Administrative Review Process, Federal Register, Vol. 81, No. 242 (2016)
    Deep Kaur Jodhka
  • Social Security Ruling, SSR 11-1p: Titles II and XVI: Procedures for Handling Requests to File Subsequent Applications for Disability Benefits, Social Security Administration (2011)
    Deep Kaur Jodhka
  • Social Security Ruling, SSR 13-1p: Titles II and XVI: Agency Processes for Addressing Allegations of Unfairness, Prejudice, Partiality, Bias, Misconduct, or Discrimination by Administrative Law Judges (ALJs), Social Security Administration (2013)
    Deep Kaur Jodhka
  • Social Security Ruling, SSR 13-2p: Titles II and XVI: Evaluating Cases Involving Drug Addiction and Alcoholism (DAA), Social Security Administration (2013)
    Deep Kaur Jodhka
  • Objection to Hearing by Video Teleconferencing Letter, Social Security Administration, Office of Disability Adjudication and Review
    Deep Kaur Jodhka
  • Sample SSA Appeals Letter for Overpayment (F.W., Limited English Proficiency)
    Steven Weiss, Deep Kaur Jodhka
  • Sample SSA Special Needs Trust Brief
    Steven Weiss, Deep Kaur Jodhka
  • Sample SSA Hearing Brief for Mental Impairments
    Deep Kaur Jodhka
  • Sample SSA Hearing Brief for PTSD
    Joanna Parnes, Deep Kaur Jodhka
  • Sample Appeals Council Letter
    Deep Kaur Jodhka
Presentation Material
  • Representing the Pro Bono Client: Advocacy Skills for Administrative Hearings (PowerPoint slides)
    Jodie Berger, Katherine Fiester, Lauren Hansen, Deep K. Jodhka, Adam Poe
    • (s)
      Jodie Berger ~ Administrative Law Judge, Training, Quality Development, Rehearings, and Special Projects Bureau, California Department of Social Services, State Hearings Division
      Katherine Fiester ~ Staff Attorney, Legal Aid at Work
      Lauren Hansen ~ Staff Attorney, Public Interest Law Project
      Deep K. Jodhka ~ Staff Attorney, Bay Area Legal Aid
      Adam Poe ~ Staff Attorney and Reentry Project Coordinator, Bay Area Legal Aid
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