transcript   Transcript

Overview of Administrative Hearing; Requesting and Preparing for Hearing

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

Full Transcript:



If you are a Privileged Member, just log in and start reading now! If you are not a Privileged Member, please click here to learn how unlimited access to PLI programs may be right for you and your firm.

To access the streaming media of this presentation, please purchase the corresponding seminar segment.

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
      Share
      Email
      Transcript FAQ's
      • How Can I Access Transcripts?
        You must be a Member in good standing.

      • Can I access the Video?
        Yes, you can access the video if you have the Adobe Flash plugin installed. Click on the video camera icon when you mouse over each paragraph. The media will begin playback at that point.

      • Can I get CLE credit for reading the transcript?
        No, CLE credit cannot be earned for reading a transcript. CLE credit is issued only for verified attendance while watching a web program. If seeking credit, please verify the program's eligibility for credit and expiration date in your jurisdiction on the web segment launch page before commencing the program.
      
      • FOLLOW PLI:
      • twitter
      • LinkedIn
      • YouTube
      • RSS

      All Contents Copyright © 1996-2019 Practising Law Institute. Continuing Legal Education since 1933.

      © 2019 PLI PRACTISING LAW INSTITUTE. All rights reserved. The PLI logo is a service mark of PLI.