CalWORKs denied my Cash Aid theft claim despite evidence - what's my next step?
On. Dec 2 all of my CalWORKs cash aid was stolen from my EBT card. I immediately reported it to BenefitsCal and filed a police report like they told me to. I submitted everything - the police report, my bank statement showing I wasn't near the ATM when the money was taken, even screenshots of where I actually was at that time. But I just got a letter saying my theft claim was DENIED! They're saying the withdrawal patterns were "consistent with my previous usage" which is complete BS. I can literally prove it wasn't me who took the money! This was $682 that I need for rent and my kids. Has anyone else dealt with benefit theft and actually gotten their money back? What do I do from here? Do I need to file an appeal? Any info would be appreciated.
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Sophia Bennett
You need to file for a state hearing ASAP! You only have 90 days from the date on your Notice of Action to request a hearing. When Cash Aid theft claims are denied, it's usually because they think you either gave your card/PIN to someone or they can't verify it was actually theft. For the hearing, bring all your evidence - the police report, your location proof, bank statements, and any communications you've had with the county. Call the number on your denial notice to request the hearing. Make sure to also ask for an "aid paid pending" if you're still on CalWORKs so your regular benefits don't stop while you wait for the hearing.
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Olivia Evans
AuthorThank you so much. I didn't even think about the "aid paid pending" part. Do you know how long these hearings usually take? My worker isn't very helpful and I'm worried about making rent next month without that money.
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Aiden Chen
omg this EXACT thing happened to me last year!!! They denied me too saying I must have given someone my pin but I NEVER did!! I had to file for the hearing thing and it took FOREVER but I eventually got my money back. Make sure you get all your evidence together cuz they will try to say you're lying.
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Olivia Evans
AuthorThat's so frustrating but glad you got your money back eventually. How long did the whole process take for you? Did you have to go to an actual hearing?
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Zoey Bianchi
I work as an advocate for CalWORKs recipients, and unfortunately, EBT theft claims are being denied at very high rates right now. Here's what you need to do: 1. File for a state hearing immediately (you must do this within 90 days of receiving the denial) 2. Request your case file through a formal records request - this will show you exactly why they denied your claim 3. Submit a new DS 6807 form with any additional evidence you can gather 4. Contact your county's legal aid office for free representation at your hearing The key for these cases is proving you couldn't have been the person who made the withdrawal. Cell phone location data, work timecards, or security camera footage from where you actually were can all help. The standard of proof is actually quite high for these claims, but with good evidence, many denials are overturned at hearing.
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Christopher Morgan
The legal aid suggestion is so important! I tried fighting my theft claim alone and lost, but when my friend got help from legal aid, they won their case. OP should definitely call them right away.
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Aurora St.Pierre
Have you tried contacting your county office directly instead of just BenefitsCal? Sometimes the online system doesn't process these claims properly. I had to call my worker like 5 times before they actually fixed my stolen benefits situation. The phone lines are a nightmare though.
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Grace Johnson
I spent TWO WEEKS trying to get through on the CalWORKs phone line when my benefits were stolen! Try using Claimyr.com - it keeps calling for you and gets you through to a real person without the wait. They have a video showing how it works here: https://youtu.be/jzISHxCPLwE. Saved me hours of frustration when I needed to talk to someone about my stolen benefits case.
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Olivia Evans
AuthorI haven't been able to reach anyone on the phone either. I'll check out that service - at this point I'm desperate enough to try anything to get this resolved. The county office is a 45 minute bus ride each way for me with my kids, so calling would be a lot easier if I could actually get through.
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Jayden Reed
tehcnically they have to look at ur proof but sometimes they just dont. my sister got her money stolen last year and they denied her the first time but she appealed and sent everything again with a letter explaining exactly what happened and she got aproved the second time. dont give up!! the system is designed to make u give up.
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Olivia Evans
AuthorThat's good to hear your sister eventually got approved. Did she have to go to a hearing or did they approve it before that?
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Christopher Morgan
Try going in person to the CalWORKs office with ALL your evidence. I've been on Cash Aid for 5 years and learned that getting a real person to look at your documents makes a huge difference. Online and phone systems just don't work right for theft claims! Also, sadly, they deny most people the first time hoping you'll just give up. Ask to speak to a supervisor when you go in - regular workers often don't have authority to overturn theft claim denials.
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Zoey Bianchi
This is good advice about asking for a supervisor. Just to add - when you go in person, request a "second level review" of your claim before proceeding to a state hearing. Sometimes supervisors can overturn these decisions if they see clear evidence was overlooked. Make sure to get everything in writing and ask for copies of anything you sign or submit.
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Aiden Chen
wait did u report it to tha police the same day it happened?? cuz they denied my friind because she waited 3 days to file the police report and they said that was 2 long!!!
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Olivia Evans
AuthorYes I filed the police report the same day! I noticed the money was gone when I tried to pay for groceries that evening. Called the police right after and reported it to BenefitsCal that night too. That's why this is so frustrating - I did everything they say you're supposed to do.
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Sophia Bennett
When you file for your state hearing, make sure to specifically request discovery. This means they have to provide you with ALL the documents they used to make their decision. Often you'll find they missed or ignored key evidence. Also, be prepared to explain at the hearing why the withdrawal couldn't have been you - specific details about why you couldn't have been at that location, why you wouldn't withdraw that amount, or patterns that differ from your normal usage. Judges look closely at these details.
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Aurora St.Pierre
Yes! The discovery file request is so important! When I got mine, I found out they had completely ignored my location evidence and based the denial just on the fact that "the correct PIN was used" - as if PINs can't be stolen or skimmed! Having those documents helped me win my appeal.
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Jamal Wilson
I'm so sorry this happened to you - EBT theft is unfortunately really common right now and the denial process is incredibly frustrating. From what I've seen in similar cases, you definitely need to file for a state hearing immediately since you only have 90 days from your denial date. The fact that you reported it the same day and have location evidence showing you weren't at the ATM is really strong proof. Don't let them discourage you - many people get denied initially but win at the hearing level when they can present their evidence properly. Also consider reaching out to your local legal aid society if you can find one - they often help with CalWORKs appeals for free and know exactly how to present these theft cases. Keep fighting for what's rightfully yours!
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