How to Appeal If You Are Denied IHSS

Article
Jul. 6, 2021Updated Nov. 11, 2022

It is very common to be denied for In-Home Supportive Services (IHSS) the first time around, but many families succeed after appealing by requesting a state hearing.

The California Department of Social Services offers multiple methods for submitting a hearing request. You can request a hearing online or by phone at (800) 743-8525. You may also fill out the Request for State Hearing form included with your Notice of Action (NOA) — which is the form you get from IHSS that explains whether or not you were awarded hours, how many hours, and for which tasks — and mail it to:

California Department of Social Services State Hearings Division P.O. Box 944243, Mail Station 9-17-37 Sacramento, California 94244-2430

You can also fax it to (833) 281-0905.

Be aware that if you are appealing because you feel your child needs more hours than what IHSS awarded, the county may either increase or decrease hours on appeal.

Reassessments and Conditional Withdrawals

Sometimes the county will offer you a reassessment in exchange for a conditional withdrawal. This might occur if you appeal because you think the initial assessment was incomplete or your concerns were disregarded by the caseworker. If you agree to a conditional withdrawal, you should review carefully anything you sign, in order to make sure that the appeal will pick up where it left off  — with the same protected date of application — if you disagree with the reassessment.

If you agree to a conditional withdrawal, it may be worthwhile to ask an advocate or attorney to review the agreement first to ensure that your original appeal rights are preserved if you disagree with the reassessment.

Hiring an Advocate or Attorney for an IHSS Appeal

Consult with Our Public Benefits Specialist

Further Reading About IHSS Appeals

For further reading on preparing for a fair hearing, see Disability Rights California’s publication “IHSS Self-Assessment and Fair Hearing Guide.”

Tip: If your child already has IHSS and you receive a Notice of Action (NOA) reducing or terminating hours, you should appeal in writing within 10 days and request “aid paid pending appeal” so that the existing benefit level will continue during the appeal process. You have 90 days to appeal the NOA, but you must appeal within the first 10 days in order for the current services to continue during the appeal process. For further reading, see Disability Rights California’s publication, “Prepare for Hearing: IHSS Terminations or Reductions in Hours.”

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Contents


Overview

Reassessments and Conditional Withdrawals

Hiring an Advocate or Attorney for an IHSS Appeal

Consult with Our Public Benefits Specialist

Further Reading About IHSS Appeals

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Related Parent Questions

Should I hire an advocate or attorney to help me with an IHSS appeal?
Sometimes it’s helpful to have an advocate help you prepare for and present at the hearing. Your advocate may be an attorney, but it is not required.
How many In-Home Supportive Services (IHSS) hours can I receive?
An IHSS recipient is classified as severely impaired if they are authorized for 20 or more hours per week of non-medical personal services, paramedical services, and meal preparation. A severely impaired IHSS recipient can be authorized for up to 283 hours per month.
Does my child qualify for In-Home Supportive Services (IHSS)?
IHSS hours are awarded for allowable services to the extent that a child’s needs exceed those of a typically developing child of the same age. IHSS uses a ranking scale to determine the number of hours awarded for each service.

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