Since the beginning of the COVID-19 pandemic, it has been tough for parents of children with special needs with schools transitioning to online education, basically cutting out special education programs. As a parent of a child with special needs like autism, Down syndrome, cerebral palsy, or another disability, it can be difficult to find the best resources, especially if we are in the midst of a difficult time or a new diagnosis. And if you have In-Home Support Services (IHSS), and you haven’t maxed out, you could qualify for more IHSS hours due to schools closing.

If you have California’s In-Home Supportive Services program (IHSS), you know it provides amazing financial support to enable you to stay at home with your child with special needs. Children with autism, Down syndrome, or cerebral palsy can often take a heavy financial toll on a family. It is common for you to have to stop working in order to take care of your child. But disability benefits such as In-Home Supportive Services (IHSS) allows you to be employed as your child’s in-home caretaker. If you already have this program, can you appeal your IHSS decision to get more hours?

For those who are receiving benefits for IHSS, sometimes it may still be stressful to make ends meet. But there is a way to appeal your decision and get more hours. Here are the steps:

How to file an IHSS appeal for more hours

If you’ve applied for In-Home Supportive Services (IHSS) and have been given a low amount of hours for Protective Supervision, there is hope. You can appeal the IHSS decision.

Here’s how you can appeal IHSS for more hours:

Request an IHSS appeal

Fill out the back of the Notice of Action form or send a letter to:
IHSS Fair Hearing
State Hearings Division
Department of Social Services
744 P Street, Mail Stop 9-17-37
Sacramento, CA 95814
Be sure to say that you want a fair hearing because you believe your client has not been given enough hours, and give your client’s name and state identification number. You can also call 1-800-743-8525 to request a hearing.

Get it all in writing

You’ll need written documentation from your client’s doctor stating their needs and the type of care they require. If your client needs protective supervision or paramedical services, make sure that is in the documentation.

Prepare for your hearing

If your appeal requires a hearing, prepare the points you plan to make ahead of time, and make sure all of your documents are in order. Ask for a copy of the original assessment and the county’s position statement.

Attend your hearing

At the hearing, the county will go first to say why hours were cut or why your client shouldn’t receive more hours. They will give lots of evidence. The most important thing for you and your client to do is stick to your explanations of why your client needs more hours. Be prepared to show all the documents you prepared.

Wait for a decision

Any change in hours from the appeals process will be effective as soon as the county gets the decision from the appeal.

If this process sounds overwhelming and you feel you need help, you can always reach out to us. Our advocates can lead you through everything, as well as attend the hearing with you.

American Disability Association is dedicated to the wellbeing and protection of children with disabilities and actively provides support to enhance their quality of life. Whether you are dealing with federal or state benefits or struggling with a school district to get proper education for your child, we have the resources to help you. Many individuals and families managing a disability are not aware of the wide array of services available to them, or they do not know how to apply for these benefits in a way that is likely to succeed.

Contact us for help. Dial (888) 323-2133 or email us at [email protected]

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