How Do I Stop

Cuts to My GA
Grant?

1
 How do I fight a bad GA decision?

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.

What do I do if GA makes a mistake in my case?

Alameda County sometimes makes mistakes with GA cases. For example, it may lose your paperwork.
Other times, it may mistakenly believe that you are lying or will require you to provide more paperwork than
you are legally required to provide. Or, the County may declare that you are “employable” when you really
are not and tell you that you can only get GA for three (3) months out of the year.

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.

County Welfare Offices

How can I file an appeal?
If the County denies your application for GA or wants to cut you off of GA or •Eastmont Town
wants to reduce your GA, it is required to give you a written Notice of Action Center, 6955 Foothill
(NOA).
(NOA) Blvd., 1st Floor
Oakland;
On the back of the NOA is an appeal form that you can fill out to start the (510) 383-5300
appeal process. For more information on how to fill out the appeal, check •2000 San Pablo Ave.
out the last page of this brochure. Oakland;
(510) 891-0700
After you fill out the appeal, take it to your local welfare office. See the box •24100 Amador Street
on the right for the addresses. Make a copy of it and turn it in. Be sure to get Hayward;
a receipt showing that you filed the appeal because the county often loses (510-670-6000)
them. You could also fax your appeal to 510-777-2699 or mail it to Appeals •39155 Liberty Street,
Unit, 7751 Edgewater Drive, Oakland, CA 94621. Suite C330
Fremont;
You have up to 90 days from the date of the notice to give the County your (510-795-2428)
appeal, but you should appeal right away if you want to continue to receive •3311 Pacific Avenue
your GA while you are waiting for the decision (this is called “aid paid Livermore;
pending”). (925-455-0747)

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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

Remember: if you turn it in to the welfare office,

be sure to save a copy of it and get a receipt.

What is Aid Paid Pending?

This is really important. If the County wants to cut
you off of GA or reduce your GA money, it is
required to mail you notice 10 days before it cuts
or reduces your check. If you file your appeal
before the action is supposed to take place, the
County has to continue paying you GA until after
your appeal is resolved. This is called Aid Paid Pending.
Pending For example, if you get a notice dated October
20th that the County wants to cut your GA effective October 31st, you will get Aid Paid Pending if you file the
appeal by the 31st. If you mail an appeal on the 30th or 31st it likely won’t be received or processed until
it’s too late.

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.

Should I file a new application, too?

If you are not getting Aid Paid Pending, it is a good idea to file a new application in addition to filing an
appeal. The appeals process can take up to 90 days, but the County is required to give you a decision on
your new GA application within 30 days. So, for example, if the County has denied your first application
because it lost some paperwork that you turned in, you should file a new application in order to get your
GA faster. You should also file a new application if there is a change in the situation that caused your GA
to be denied or cut off (for example: you sold your vehicle or became unemployable).

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.

What happens after I file an appeal?

After you file an appeal, your GA case gets sent to a special division in the welfare office called the Appeals
Unit. There are usually one or two Appeals Officers who handle all of the GA appeals. You should get a
letter in the mail with this person’s name and phone number. If you do not get a letter in the mail, you can
call the Appeals Unit at (510) 383-
383-8777.
8777
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By law, the County has 90 days (that is, three months) to resolve your GA appeal. Within 3-6 weeks of
filing your appeal, you will receive a letter that looks like the letter below. The letter has information about
when your hearing will be held. Although the law only requires that the County send this letter to you 5
days before the hearing, it usually sends the letters at least a week before the hearing.

What do I do when I receive my appeals letter?

When you receive your appeals letter, you should call the Appeals Officer or the Appeals Unit and ask her
for more information about why the County made the decision it did.

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.

Remember: the County has the burden of proof in your

appeal. You do not need to prove that it made a
mistake. So if the County does not have your GA file,
you should win because the County will often not be
able to prove why it made its decision.

How do I prepare for the hearing?

First, you should make sure that you understand why
the County has made the decision that it has. This
information should be on the written Notice of Action
that you originally received from the County (if you
received one). The NOA usually doesn’t explain their
decision very well, so you should ask for a more
complete explanation, and ask for the regulations on
which they based their decision.

Note: the County is not allowed to give you a different

reason at the hearing than it did in your written notice.
For example, if your written notice indicates that your GA is being cut only because you did not go to a
workfare appointment, the Appeals Officer cannot argue at the hearing that your GA was cut because you
forgot to turn in a monthly reporting form.

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:

•Bay Area Legal Aid •Homeless Action Center

1735 Telegraph Ave. 3126 Shattuck Ave.
Oakland, CA 94612 Berkeley, CA 94704
(510) 663-4744 (510) 540-0878
(800) 551-5554

•East Bay Community Law Center •Homeless Action Center

2921 Adeline St. 1432 Franklin St.
Berkeley, CA 94705 Oakland, CA 94612
(510) 548-4040 (510) 836-3260 ext. 301

What is a conditional withdrawal?

Often, the County will offer to settle your case if Example of a GA Conditional Withdrawal
you provide additional information. This
settlement agreement is called a “conditional
withdrawal” because you agree to withdraw
your appeal on the condition that the County
does certain specific things, like consider your
request to be exempt from the work program
requirements, and issue a new Notice of
Action.

The County has 30 days to comply with the

conditional withdrawal from the date that you
sign it. Unfortunately, the County regularly fails
to comply with their agreement within 30 days.

When you sign the conditional withdrawal, ask

the Appeals Officer who will be responsible for
complying with the conditional withdrawal.
Then, after two weeks, start calling this person
to make sure that they comply with the
conditional withdrawal.

If the County does not comply with the

conditional withdrawal within 30 days or you
disagree with how it is implemented, you can
always appeal this new action and request another hearing. If you have not already done so, you should
also reapply.

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 Directions to the Appeals
Unit
The Appeals Unit is located at
7751 Edgewater Drive.
By Bus
From the Coliseum BART station,
take the 98 bus. The sign on the
front of the bus will read “90th
Ave.”
By Car
7751 Edgewater is located
approximately a half mile from
Hegenberger Road. If you are
coming from Oakland on
Hegenberger, make a right onto
Edgewater Drive. The Appeals
Unit will be on your left. Because
of the median on Edgewater
Drive, you will need to drive a
block past the Appeals Unit and
make a U-turn at Pardee Lane.
What if I cannot get there?
If you do not have transportation
to the hearing location, call Bay
Area Legal Aid, East Bay
Community Law Center, or
Homeless Action Center for help.
What should I do if I do not have a way to get to the
hearing location?
GA hearings are held at the Appeals Unit at 7751 Edgewater Drive
Oakland, CA 94621.
94621 Parts of this street have no sidewalk, and it is
difficult to get to on public transportation.
If you do not have a way to get to that location, request a hearing by
telephone or call Bay Area Legal Aid, East Bay Community Law Center
or Homeless Action Center for help.
What happens at the hearing?
Unlike state hearings, GA hearings are held at the Appeals Unit at
7751 Edgewater Drive. See box to the left for directions and
information on how to get to the hearing. The entrance is on the side
of the building nearest the street. You should arrive at least 10-15
minutes early to sign in. If you have not seen the County position
statement, you should ask for it when you arrive.
Sometimes, you will get to the hearing and the Appeals Officer will
offer you a conditional withdrawal right away instead of going through
with a hearing. Remember: it is your right to go to a hearing so if you
disagree with anything in the conditional withdrawal, you can go
forward with the hearing. Sometimes it may be better to accept the
conditional withdrawal since it is generally quicker than a hearing,
but at other times, it makes sense to go to a hearing.
The hearing is very informal. In the room will be you, the Appeals
Officer, and a Hearing Officer, who also works for the County, in
addition to anyone that you have asked to represent you. The
hearing should be tape-recorded.

The hearing should proceed in this order:

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.

What happens after the hearing?

After the hearing, the Hearing Officer will write a decision about the case. She will then send it to the
Director of the Social Services Agency to review and sign. A copy of the decision will then be mailed to you
and to your original worker. Make sure that the County has your current address. If you win, your worker is
then required to comply with the decision and pay you any back money that you are owed.

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.

● Losing paperwork (including monthly reporting forms!)

Always keep copies of everything you turn in to the County. If you hand in a paper in person, always get a
receipt. Then, if the County says it did not get a paper, show it your copy and receipt. If you do not have a
copy or receipt, try to get another copy and explain to the County when and where you turned in the first
one.

● Requiring too much unnecessary paperwork.

Sometimes, the County will ask you for paperwork that you cannot provide. For example, it might ask you
to verify that a bank account that you used to have is closed but you cannot get the bank to verify this. If
this happens, explain what you tried to do to get the information. Ask what alternative information you can
provide.

● 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
8
should do. They are the only people who can decide to change this policy:

Yolanda Baldovinos: (510) 271-9100 Alice Lai-Bitker: (510) 272-6693

Gail Steele: (510) 272-6692 Scott Haggerty: (510) 272-6691

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.

• If the County continues to request a W-

W-9 or reduces your grant for failing to provide your
landlord’s W-
W-9, request a hearing.
If the County continues to tell you that you must turn in a W-9 or notifies you that your grant is being
reduced for failure to turn in a W-9, request a hearing.

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.

Which County employees do I contact if I want to talk to people who approved

these cuts to GA?
The Alameda County Board of Supervisors approved these cuts to GA. You can contact the Alameda County
Board of Supervisors to discuss the GA policies with people who approve GA changes.
You can contact Supervisor Gail Steele at (510) 272-6692, Supervisor Alice Lai-Bitker at (510) 272-6693,
and Supervisor Scott Haggerty at (510) 272-6691.

What legal aid offices help with GA cases?

If you would like to talk with a lawyer or legal advocate about your case, please contact one of the legal aid
offices below. Although legal aid cannot help everyone who asks, they may be able to provide you with
more information or assistance..

Bay Area Legal Aid

1735 Telegraph Ave.,
Oakland, CA 94612
(510) 663-
663-4744
(800) 551-
551-5554

Homeless Action Center

3126 Shattuck Ave.
Berkeley, CA 94704
(510) 540-
540-0878

East Bay Community Law Center

2921 Adeline St.
Berkeley, CA 94705
(510) 548-
548-4040

Homeless Action Center

1432 Franklin St.
Oakland, CA 94612
(510) 836-
836-3260 ext. 301.

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How do I fill out the GA appeal form?
Alameda County uses two different appeal forms.

Below are examples of each:

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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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