Simmons v. Boyle

No. CPF-04-504844 (Cal. Super. Ct. San Francisco County filed December 21, 2004 ; Clearinghouse Number: 55827

Description

CalWORKs Recipient Seeks Writ Mandating that Social Services Department Create Accurate Hearing Records and Evaluate Rehearing Requests Case by Case

Abstract

Her requests for rehearing and exemption from welfare-to-work activities having been denied, recipient of California Work Opportunity and Responsibility for Kids (CalWORKs) benefits seeks a writ mandating that California’s social services department grant the benefits she seeks or rehearing of the matter; implement procedures to ensure an accurate record of administrative hearings; and exercise its discretion to determine case by case whether rehearing is warranted. Due to domestic violence, petitioner sought a retroactive waiver of welfare-to-work activities and the sixty-month time limit for receiving benefits. Despite her uncontroverted testimony on when the abuse began, the administrative law judge granted the waiver as of a later date on which the judge believed that petitioner reported the violence to her welfare worker, petitioner alleges. Petitioner’s first request for rehearing was denied by operation of law. On discovering that the tape recording of the hearing was largely unintelligible, petitioner again requested rehearing and was denied. Petitioner alleges that department denies all rehearing requests. Petitioner claims that department’s failure to create an accurate record of the hearing and to give due weight to her testimony denied her a fair hearing and violated CalWORKs program requirements. Petitioner further charges that department’s denial of all rehearing requests violates its duty to exercise individualized discretion to determine whether rehearing is warranted.

Additional Information

Attorney Information
Plaintiff represented by Stephen Bingham, Bay Area Legal Aid, 50 Fell St. San Francisco, CA 94102 (telephone number: 415.982.1300).
Docket Date
2004-12-21 00:00:00+00:00