< Back to California CalFresh

Jackson Carter

CalFresh collecting my mom's debt from MY benefits - is this legal?

So confused about my CalFresh situation right now! I just started receiving benefits in January 2025 after applying last November. My mom has had her own separate CalFresh case for years and apparently has some overpayment debt they're collecting from her monthly. Here's what's weird - I just noticed they're taking about $75 each month from MY benefits to pay back HER overpayment debt! We don't even live together anymore (I moved out last summer) and our cases are totally separate. Is this even allowed? I thought each household had their own separate case. My worker just said something about "household liability" when I called but wouldn't explain further and I've been on hold for 3+ hours trying to get through again. Has anyone dealt with this before? I really need my full benefits amount since I'm barely making ends meet with my part-time job.

Kolton Murphy

•

Woah they can do that?? I had no idea they could take money from family members' benefits! That seems super unfair especially if you weren't even living with her when she got the overpayment?

0 coins

That's exactly what I'm wondering! I wasn't even on her case when whatever happened to cause the overpayment. It seems so wrong to punish me for something I had no control over.

0 coins

Evelyn Rivera

•

This doesn't sound right based on CalFresh regulations. Generally, they can only collect from household members who were part of the household during the time of the overpayment. If you weren't part of your mom's CalFresh household during the period when the overpayment occurred, they shouldn't be collecting from your benefits. You need to request a fair hearing ASAP - you only have 90 days from when you first noticed this issue. You can request it online through BenefitsCal or by calling the state hearing number on any of your notices. Make sure to ask for "Aid Paid Pending" if it's been less than 10 days since you got notice of this action.

0 coins

Thank you for this info! I never received any formal notice about them taking money for her debt - it just started happening. I'll definitely request a fair hearing. Do you know if I need any specific documentation to prove I wasn't in her household during the overpayment period?

0 coins

Julia Hall

•

i had something similar happen but it was cuz my name was still on her case even tho i had moved out. check ur paperwork carefully cuz maybe they still have u listed as part of her household even if u applied separately. the county systems dont always update properly especially if u didnt specifically tell them u moved out of her household.

0 coins

That's a good point! But I'm pretty sure I told them when I applied that I was in my own household. I'll double-check all my paperwork though. Maybe there was some mix-up.

0 coins

Arjun Patel

•

This happened to my cousin! Turns out his mom claimed him as a household member for like 2 years after he moved out cuz she didn't report the household change. The county found out and said he was responsible too even though he had no idea. It took him FOREVER to get it straightened out.

0 coins

Evelyn Rivera

•

This is a common issue, but there's an important distinction to make here. If the OP was incorrectly listed as part of mom's household during the overpayment period, then there could be liability. However, if OP truly had their own separate case and was not part of mom's household during the overpayment period, then CalFresh regulations don't allow for collection from the OP's benefits. The key is establishing when the overpayment occurred and whether the OP was part of that household at that time. The county needs to provide documentation showing why they believe the OP shares responsibility for the debt.

0 coins

Jade Lopez

•

The county offices are ALWAYS doing shady stuff like this hoping people won't notice or fight back!!! I had them try to say I owed $2,400 for an overpayment from THREE YEARS AGO that wasn't even my fault - they miscalculated my income but somehow that was MY problem?! You need to fight this hard because they count on people just accepting whatever they do. File that fair hearing request IMMEDIATELY and DOCUMENT EVERYTHING. Get something in writing explaining exactly why they're taking money from your benefits for someone else's debt!!!

0 coins

Thank you for the encouragement to fight this! Did your situation get resolved? I'm worried about rocking the boat too much and them taking away all my benefits in retaliation or something.

0 coins

Tony Brooks

•

Having worked with many CalFresh recipients facing similar issues, I can tell you this sounds like either an administrative error or a misapplication of the regulations. There are very specific rules about who can be held liable for CalFresh overpayments. First, request a detailed overpayment notice from your county office that explains exactly why they believe you're responsible for your mother's debt. It should include the time period of the overpayment and who was in the household at that time. Second, file for a state hearing as others have suggested. Make sure to check the box for "Aid Paid Pending" if you're within the timeframe. Third, if you've been trying to reach your county worker without success, try using Claimyr (claimyr.com). They can help you skip the hold times and get directly connected to a CalFresh worker. I've referred many clients to their service when they need to resolve urgent issues like this. You can see how it works in their video demo: https://youtu.be/eZ19FHRETv8?si=_CXnXqNXbLl26WB8

0 coins

Thank you for the detailed advice! I've been really frustrated with the hold times - I'll check out that service because I need to talk to someone ASAP. I'll definitely request that detailed notice too since I never received anything explaining why they're taking money from my benefits.

0 coins

Kolton Murphy

•

Are u guys related on your EBT accounts somehow? Like did she put u as an authorized representative or something?

0 coins

Not that I know of. I applied completely separately and never signed anything authorizing any connection between our cases. That's why I'm so confused!

0 coins

omg so many people dont understand how CalFresh households actually work... if ur mom claimed u as part of her household during the overpayment period then YES ur responsible even if u didnt know about it!!! its in the regulations!! the govt considers all adults in a household equally responsible for accurate reporting regardless of who filled out the paperwork!!

0 coins

Evelyn Rivera

•

That's partially correct, but there's an important distinction here. The OP has stated they moved out and have their own separate case now. If the overpayment occurred when OP was legitimately part of mom's household, then yes, they could share responsibility. However, the collection should be happening on the case that had the overpayment, not automatically transferring to a new, separate case. If the OP truly has their own separate case (meaning they're not purchasing and preparing food with mom), then the county needs to issue a formal notice explaining the liability transfer and providing appeal rights. Many counties make errors in how they handle these situations, which is why requesting a fair hearing is so important.

0 coins

Yara Campbell

•

I went through this exact nightmare last year! Turned out my mom had listed me as living with her even after I moved out because she didn't want her benefits to go down. The county found out during her recertification and started taking money from my benefits to pay back what they called an "IPV" (Intentional Program Violation). I had to go through a whole appeal process and prove I wasn't living there during those months with rental agreements, utility bills, pay stubs with my address, etc. It took almost 5 months but I finally got it resolved and they refunded all the money they'd taken from me. Don't give up!

0 coins

Oh wow, that sounds like a nightmare! I'm glad you got it resolved though. I'll start gathering all my proof of residence for the past year just in case. Did you have to attend a hearing in person or was it over the phone?

0 coins

Julia Hall

•

dont forget to check ur SAR7 forms too!! sometimes people dont realize that these forms ask about household changes and if u didnt report moving out correctly on these forms they can say u were part of causing the overpayment

0 coins

I never filled out any SAR7 forms for her household because I had my own case... but maybe she put something wrong on hers? I'll definitely ask about that when I finally reach someone. Thanks for the tip!

0 coins

Evelyn Rivera

•

Based on everything you've shared, here's what I recommend: 1. Request a copy of the overpayment notice and calculation sheet showing exactly when the overpayment occurred 2. Ask for a copy of your case record to confirm you're listed as a separate household 3. File for a state hearing immediately (you can do this online through BenefitsCal) 4. Gather evidence showing when you moved out (lease, utility bills, etc.) 5. Request a conference with a supervisor before your hearing date CalFresh regulations at MPP Section 63-801.3 specify who can be held liable for overpayments, and they generally cannot collect from people who were not part of the household during the period of overpayment. Many counties misapply these rules or rely on outdated information in their systems.

0 coins

Thank you so much for these specific steps! I've started gathering my evidence already. Really appreciate that regulation citation too - I'll mention that when I talk to them. This has been so stressful but I feel more prepared to handle it now.

0 coins

Freya Ross

•

This is definitely worth fighting! I work as a benefits advocate and see this type of error frequently. The county systems sometimes automatically link family members even when they shouldn't be connected. One thing to check - did you use the same Social Security number or any shared information when you applied? Sometimes the system creates inappropriate links based on shared data like phone numbers or addresses (even previous addresses). Also, make sure to document every interaction you have with the county from now on. Get names, dates, and case numbers. If they can't provide a clear explanation of why you're liable for her debt, that's a red flag that this is likely an administrative error that needs to be corrected through the appeals process. You absolutely have the right to receive your full benefit amount if you're not actually responsible for that overpayment!

0 coins

Liam O'Sullivan

•

This is really helpful to know! I did use the same phone number when I applied since I hadn't changed it yet after moving out. Could that have caused the system to link our cases incorrectly? I never thought about that being a problem. I'll definitely start documenting everything from now on - wish I had started doing that from the beginning!

0 coins

California CalFresh AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today