Professional Documents
Culture Documents
Cuts to My GA
Grant?
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How do I fight a bad GA decision?
The General Assistance (or GA) program in Alameda County is run by the Alameda County Social Services
Agency. Sometimes the County makes mistakes in trying to run the GA program. You can fight any bad
decision that the County makes! This brochure gives you more information about how to do this.
What is GA?
GA pays up to $296 per month to qualified people without minor children living in Alameda County. GA is
technically a loan, and it must be paid back if you later go back to work or qualify for SSI. If you are
homeless or living somewhere without paying rent, GA will only pay a basic needs grant of $105 per
month, or less if you share housing with other people. To get the full amount you need to submit a
landlord statement showing where you live and your share of the rent. Your share of the rent must be
$296 or less in order to get the full amount. In order to receive GA, you need to do many things that the
County asks, including turning in monthly or quarterly reporting forms and, sometimes, going to workfare
programs.
Unfortunately, the consequences of the County’s mistakes are sometimes really severe. You should let the
county know if their decision to stop or reduce your GA will cause you to become homeless. Fortunately,
when the County makes a mistake, you can file an appeal to challenge its decision.
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What do I do if the County does not Hand-
Hand-written appeal if you do not receive
give me a written notice? written notice from the County
Sometimes, the County will deny someone’s
application for GA or cut someone off without
sending a notice. If this happens to you, you can
still appeal. Just write your name and information
on a piece of paper as shown in the box to the
right. You can then turn this is to the welfare
office or fax it to the appeals office at 510-
510-777-
777-
2699.
2699
If you file before the date that the change is supposed to happen and the County still cuts your GA, call the
County Appeals Unit (also known as the “Program Integrity Division”) at (510)-383-8777 to ask for aid paid
pending and/or call us for an appointment.
NOTE: Aid Paid Pending only applies if you are already receiving GA and the County wants to cut it. It does
not apply if the County denies your application for GA.
If your second GA application is approved, you should not withdraw your appeal. The County may still owe
you money and, if you win your appeal, you will receive this back money.
Example of an Appeals Letter Sometimes the Appeals Officer will not receive your GA
file from the County worker who made the decision. If
the GA file is not received by the time of your hearing,
the County will not be able to prove its case and you
should win your appeal.
You should ask the Appeals Officer to give you a copy of the County’s Position Statement. A Position
Statement is a written document that the Appeals Officer should have prepared that explains, in writing,
why the County did what it did. Although the law does not necessarily require the County to do this in GA
cases, the Appeals Officer often prepares them for GA hearings.
Second, you should get any evidence that you have to support your argument. For example, if you did not
go to your workfare appointment because you were sick, you should get proof from a doctor or a letter
from a friend or neighbor who knew you were sick at the time.
If you think you have a disability that limits your ability to work or to participate in employment training, you
should bring medical records or have an Employability Statement (90-2) filled out by a medical provider. If
you are unable to work due to a disability, then you should be exempt from the GA work program and from
the proposed 3 month time limit. If you do not have a form 90-2, ask your worker or the Appeals Officer to
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send you one to bring to a doctor, or contact a legal services organization.
Third, consider whether you want someone to help you with the hearing. This could be a friend, family
member, or other advocate.
You can call one of these legal services organizations for help:
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Directions to the Appeals What should I do if I do not have a way to get to the
Unit hearing location?
The Appeals Unit is located at GA hearings are held at the Appeals Unit at 7751 Edgewater Drive
7751 Edgewater Drive. Oakland, CA 94621.
94621 Parts of this street have no sidewalk, and it is
difficult to get to on public transportation.
By Bus
From the Coliseum BART station, If you do not have a way to get to that location, request a hearing by
take the 98 bus. The sign on the telephone or call Bay Area Legal Aid, East Bay Community Law Center
front of the bus will read “90th or Homeless Action Center for help.
Ave.”
What happens at the hearing?
By Car
7751 Edgewater is located Unlike state hearings, GA hearings are held at the Appeals Unit at
approximately a half mile from 7751 Edgewater Drive. See box to the left for directions and
Hegenberger Road. If you are information on how to get to the hearing. The entrance is on the side
coming from Oakland on of the building nearest the street. You should arrive at least 10-15
Hegenberger, make a right onto minutes early to sign in. If you have not seen the County position
Edgewater Drive. The Appeals statement, you should ask for it when you arrive.
Unit will be on your left. Because
of the median on Edgewater Sometimes, you will get to the hearing and the Appeals Officer will
Drive, you will need to drive a offer you a conditional withdrawal right away instead of going through
block past the Appeals Unit and with a hearing. Remember: it is your right to go to a hearing so if you
make a U-turn at Pardee Lane. disagree with anything in the conditional withdrawal, you can go
forward with the hearing. Sometimes it may be better to accept the
What if I cannot get there? conditional withdrawal since it is generally quicker than a hearing,
If you do not have transportation but at other times, it makes sense to go to a hearing.
to the hearing location, call Bay
Area Legal Aid, East Bay The hearing is very informal. In the room will be you, the Appeals
Community Law Center, or Officer, and a Hearing Officer, who also works for the County, in
Homeless Action Center for help. addition to anyone that you have asked to represent you. The
hearing should be tape-recorded.
1. You will be asked to raise your right hand and promise to tell the truth.
2. The Appeals Officer will present the County’s position.
3. You will be able to ask the Appeals Officer questions.
4. You will be able to present your position and give the Hearing Officer any documents that support
your position.
5. The Hearing Officer will have the chance to ask you questions.
Remember: the County has 90 days to decide your case from the date you filed your appeal—not the date
you had your hearing.
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If you have not received your decision within 90 days, first, call the Important People and
Hearing Officer who was at your hearing, or the Appeals Officer. If they do
not respond, then call Bay Area Legal Aid, East Bay Community Law Their Contact
Center or Homeless Action Center for help. Information
Alameda County Appeals Unit
What happens if I disagree with the hearing decision? (also known as the Program
Legally, you have the right to appeal a hearing decision by going to Integrity Division)
Superior Court. For most people, however, if you lose at the hearing, your (510) 383-8777
case is over. Although you do not need to have a lawyer represent you at Mr. Tano Gallegos
Superior Court, it is typically much easier to present your case if you have Supervising Appeals Officer
one. Unfortunately, it is very difficult to obtain free legal help to take your (510) 383-8762
case to Superior Court. In some very rare cases, however, legal aid may
help you. If you would like to talk with a lawyer about your case, contact Ms. Delia Duran-Zertuche
one of the legal aid offices listed at the end of this brochure. Supervising Appeals Officer
(510) 383-8763
If I file an appeal of my GA case, will this affect my food Supervisor Gail Steele
stamps? Alameda County Board of
Supervisors, Social Services
Many people receive both GA and Food Stamps. Often a County decision
Committee, (510) 272-6692
or mistake will affect both your GA and your Food Stamps. If the County
has proposed to cut your Food Stamps or has denied your Food Stamp Supervisor Alice Lai-Bitker
application, you should also file an appeal of your Food Stamps, too! Alameda County Board of
There is a separate appeals system for Food Stamps since the Food Supervisors, Social Services
Stamp program is run by the State (the GA program is run by the County.) Committee, (510) 272-6693
For more information on appealing a food stamp decision, please see Bay
Area Legal Aid’s guide on how to represent yourself at a state hearing. You can request a state hearing
about your Food Stamps by calling 1-(800)-952-5253. You can also request aid paid pending.
What common mistakes does the County make in GA cases and what should I
do about it?
● FINDING THAT YOU ARE “EMPLOYABLE” AND ALLOWING ONLY THREE (3) MONTHS OF GA.
File an appeal and provide evidence that you are unable to work, ideally a form 90-2 completed by a
medical provider.
● Not believing you when you give the County information about your landlord and rent.
Ask the County exactly why it does not believe your landlord statement. Provide a copy of your lease
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agreement, a letter from your landlord, or a copy of a rent receipt.
● Cutting off your GA when you miss a workfare requirement even if you have a good excuse.
Explain why you missed the workfare requirement. Try to get letters from people who know about your
situation that could back you up. Remember: if the County finds that you missed the workfare requirement
without a good reason, it could prevent you from getting GA for up to nine months! (NOTE: GA workfare is
sometimes called ABAWD requirements or GA/FSET requirements.)
● Assuming that you are getting free rent or have other income when your rent exceeds the amount
of the GA grant.
grant.
Request a hearing and provide information about the amount of your rent, then amount of your income,
and how you have been paying your rent. Many people have recently had their grant reduced from $336/
moth to $296 or less.
If you need to borrow money to pay your rent, or are behind on your rent, or are afraid that the grant
reduction is going to cause you to become homeless, you should notify your worker and the appeals officer
to let them know. The County should offer you shelter. If they don’t, then you can ask for shelter. If
shelter is not available, then you should be able to get your full grant amount from the County.
How do the County’s recent changes in GA affect my aid and what should I do
about it?
The County has made a lot of changes to their GA regulations that are effective between October 1, 2009,
and January 1, 2010. You may have received notices regarding changes in your GA and the notices may
not have made clear how these changes will affect your grant amount.
Many of these changes will cause some people’s GA grants to be reduced. Some of these changes are
facing legal challenges in court and may be found to contradict state regulations, so you should request a
hearing and reinstatement of your GA benefits if your grant amount is reduced as a result of the County’s
new regulations.
Below are some of the changes GA has made to their regulations that may cause a reduction in your grant
amount and what you can do if any of these changes reduces your grant.
● REDUCED GA ALLOWANCE TIME LIMIT FOR “EMPLOYABLE” PEOPLE TO ONLY THREE (3) MONTHS
OF GA WILL MEAN THAT YOU MAY LOSE YOUR GA FOR NINE MONTHS OUT OF THE YEAR IF THE
COUNTY DECIDES YOU ARE EMPLOYABLE.
The County has reduced the time allowance for “employable” people from six (6) months to only three (3)
months of GA a year. If you believe you have a mental or physical condition that makes you unemployable,
contact the County. You will need to have your doctor fill out a “90-2” form and you will need to turn in the
completed form to the County.
The County has reduced the time allowance for “employable” people to only three (3) months of GA a year.
If you believe you have a mental or physical condition that makes you unemployable, contact the County.
You will need to have your doctor fill out a “90-2” form and you will need to turn in the completed form to
the County.
If you believe you are unemployable, but cannot find a doctor to complete the form 90-2, you may want to
contact Yolanda Baldovinos, the Social Services Agency Director, or Gail Steele, Alice Lai Bitker, or Scott
Haggerty, the three Alameda County Supervisors who voted for this time limit, and ask them what you
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should do. They are the only people who can decide to change this policy:
You can also call 2-1-1 to ask for a referral for food or shelter.
• If you believe you have a physical or mental condition making you unemployable, request
a 90-
90-2 form from the County and have your doctor fill out the form and return it to the
County.
Help if you cannot find a doctor to fill out the
The County requires your doctor to
unemployability form: verify that your condition makes you
If you believe your have a condition that makes you unemployable but you unemployable and prefers you to turn in
cannot get a doctor to fill out the form or the County still finds you to be a 90-2 form to document a physical or
employable, you can contact the following organizations for help: mental condition making you
unemployable. This form must be filled
Bay Area Legal Aid Homeless Action Center out by your doctor and you can request
1735 Telegraph Ave. 3126 Shattuck Ave this form from the County.
Oakland, CA 94612 Berkeley, CA 94704
(510) 663-
663-4744 (510) 540-
540-0878 Often this form can be confusing and
(800) 551-
551-5554
your doctor may be unsure what the
form is asking, so you should explain
East Bay Community Law Center Homeless Action Center
2921 Adeline St. 1432 Franklin St. the purpose of this form to your doctor .
Berkeley, CA 94705 Oakland, CA 94612 Tell your doctor that it is evaluating
(510) 548-
548-4040 (510) 836-
836-3260 ext. 301 whether your condition makes you
unemployable.
• Request a hearing.
If you disagree with the County’s decision that you are employable or any other reason that they have cut
you off of GA, request a hearing to challenge the decision.
● COUNTY CAN NO LONGER CUT YOUR RENT ALLOWANCE BASED UPON YOUR NOT TURNING IN YOUR
LANDLORD’S W- W-9 FORM.
The Alameda County Superior Court ruled on December 14, 2009 that the County may NOT require GA
recipients to turn in their landlords’ W-9s. This means the County may NOT reduce your grant amount
because you did not turn in your landlord’s W-9.
You may have received notices from the County telling you that you are required to turn in an IRS form W-9
completed by your landlord or risk having your rental allowance cut out of your GA grant. Now that the
court has prohibited this practice, your grant should not be affected because of a failure to turn in a W-9.
Please contact one of the legal services organizations in the box above if you think your grant was cut due
to your landlord’s failure to provide a W-9.
If the County continues to send you notices that your grant will be cut for failure to turn in
•
a W-
W-9 or that you must accept shelter housing or lose part of your grant, call the County
and verify that the County is no longer cutting your grant.
The County may mistakenly continue to send notices that your landlord’s W-9 is required despite the
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court’s decision prohibiting this requirement.
If the County continues to tell you they need your landlord’s W-9 or are cutting your aid because you did
not turn in a W-9, you should call the County. Verify that you are no longer required to turn in the W-9 and
that your grant will not be affected for failure to turn in a W-9. If your worker continues to think that you
must turn in your W-9 or your grant will be cut, refer to the December 14, 2009 ruling and ask to speak to
your worker’s supervisor.
The County may not legally reduce your grant for failing to turn in a W-9, so you should request a hearing if
your grant is cut for this reason.
● REDUCING GRANT BY $40 FOR “MEDICAL CARE DEDUCTION” WILL REDUCE YOUR GRANT IF YOU
DO NOT RECEIVE MEDI-
MEDI-CAL BENEFITS.
Your grant will be reduced by $40 if you do not receive Medi-Cal benefits.
• Apply for Medi-
Medi-Cal.
If your grant is going to be reduced by $40 for not having Medi-Cal, you should apply for Medi-Cal. You can
apply for Medi-Cal at one of the Alameda County Social Services Agency offices. If your Medi-Cal
application is approved, your grant will not be subject to this $40 reduction. You may also want to apply
for Social Security or SSI. You can start an application for SSI by calling 1-800 772-1213.
● REDUCING GRANT FOR INDIVIDUALS LIVING IN SHARED HOUSING MAY CUT YOUR GRANT IF YOU
LIVE WITH ONE OR MORE PERSONS.
The County may decrease your GA grant up to $84 if you live with a roommate. The new rule requires that
if you live with someone other than your eligible spouse or registered domestic partner, your GA grant will
be reduced by: 15% if you share with one person, 20% if you share with two persons, or 25% if you share
with three or more persons.
• Homeless Shelters are exempt from the shared housing grant reduction.
If the County reduces your grant because you live in shared housing and you live in a homeless shelter, the
County is mistaken and you should be exempt from this reduction. If the County tries to reduce your grant
for this reason and you do live in a Homeless Shelter, tell them you live in a Homeless Shelter and are
exempt from the shared housing reduction. If your grant is still reduced, request a hearing to challenge the
decision. Certain transitional housing does not qualify and is not exempt from this reduction.
● IF YOUR GRANT IS REDUCED BELOW THE AMOUNT OF YOUR RENT, YOUR GRANT MAY BE CUT.
Many of these changes may result in grant reductions that could put your GA grant below your cost of rent.
If this happens, the County may cut the entire rent allowance from your grant, leaving you with only $105
per month.
• Request a hearing to stop the cut to your aid.
The County might have made a mistake in cutting your rent allowance absent evidence of fraud, so you
should request a hearing to challenge the cut.
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• If your grant is reduced below your rent, discuss lowering your rent with your landlord.
You should also discuss lowering your rent with your landlord if your GA grant is cut below your cost of rent.
If your landlord is willing to lower your rent below your rent allowance amount, the County may continue to
give you the rent allowance portion of your grant for your new cost of rent.
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How do I fill out the GA appeal form?
Alameda County uses two different appeal forms.
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This information is current as of December 2009. This brochure provides general legal information about
the subject matter as of the date stated and does not constitute legal advice. Consult a legal advocate to
determine how this information may apply to your situation or to see if the law has changed.
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