Can I Get IHSS Retroactive Back Pay?
California State’s In-Home Supportive Services program (IHSS) provides a helpful program to get financial support every month if you are the parent of a child with special needs such as autism, Down syndrome, cerebral palsy or another disability. And if you have had to stop working in order to take care of your child, disability benefits such as IHSS and Protective Supervision allow you to be employed as your child’s in-home caretaker. But can you get IHSS retroactive back pay?
How to Qualify for IHSS
- If you quit your job or can’t get a job because you must care for your disabled child, AND
- If no other suitable care provider is available (willing and able), AND
- If the child is at risk of out-of-home placement or inadequate care.
- If both parents live in the home, one parent may get paid when the other parent is working, in school, sleeping, or disabled.
Apply for IHSS
In order to show that your child is eligible for Protective Supervision and IHSS, you need extensive paperwork proving that your child is at risk of injury if left unsupervised at any time during a twenty-four-hour day. This documentation must give clear examples of things your child will do things to hurt him or herself or that he or she is in harm’s way if left alone. This includes:
- A list of injuries
- Medical documentation
- Third-party letters
- Additional letters from doctors
- Other forms
What IHSS Pays
Payments are calculated by the hours of service needed for your child. The County Social Services Agency is responsible for doing a needs assessment for each family at the time of application, every twelve months thereafter, and whenever the county has information that the recipient’s physical/mental condition or living/social condition has changed. The number of hours authorized may change with each evaluation.
The assessment evaluates:
- Your child’s physical/mental condition, living/social situation, and ability to perform various functions of daily life
- Your statement of need
- Medical records/physicians’ documents
- Other information the case manager may consider necessary and appropriate to assess the need
IHSS Retroactive Back Pay
After the needs assessment, IHSS will send you a letter called a Notice of Action that will let you know if you have been approved or denied services. If approved, you will be notified of the services and number of hours authorized for each service. If services are denied or you are not happy with the number of hours authorized, you have the right to appeal by requesting a State Hearing. The back of the Notice of Action has information about how to appeal.
You may also ask IHSS to review hours up to 90 days retroactive from the date you applied for IHSS.
If you are overwhelmed and you feel you need help, you can always reach out to us.
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]