How to Appeal If You Are Denied IHSS

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.

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.

Sometimes it’s helpful to have an advocate help you prepare for and present at the hearing. Professional IHSS advocacy organizations usually take a percentage of the retroactive payment, but have a lot of practical experience in responding to the county’s specific objections. Your advocate may be an attorney, but it is not required. Any experienced advocate can assist at hearing.

You can also contact non-profit legal organizations such as Disability Rights California (DRC), the Office of Clients’ Rights Advocacy (a subset of DRC), Disability Rights Legal Center, Public Counsel, or others. Be aware that some non-profit organizations have a need-based income requirement in order to provide direct assistance. If they cannot assist you, they may refer you to a professional advocacy organization. If your child is a Regional Center client, you may wish to begin with the Office of Clients’ Rights Advocacy, as they specifically serve Regional Center consumers.