I Need to Request an IHSS Appeal State Hearing
As a parent of a child with special needs, have you applied for California’s In-Home Supportive Services (IHSS) program and been denied? Or received a low number of hours and believe you should get more? You can appeal this decision and still receive the maximum amount of funding. Read below to find out how to request an IHSS hearing.
How to request an IHSS appeal
If you have received a Notice of Action that you’ve been denied IHSS, or your hours are being cut or terminated, you must request a hearing within 10 business days to keep your benefits during the appeal process. If you miss the deadline, you still have 90 days to file an appeal but will lose your benefits during the process.
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 you have not been given enough hours and give your name and state identification number. You can also call 1-800-743-8525 to request a hearing.
Documentation for your IHSS request
You’ll need written documentation from your child’s doctor stating their needs and the type of care they require. If your child needs protective supervision or paramedical services, make sure that is in the documentation.
Plan for your IHSS 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.
As an In-Home Supportive Services (IHSS) applicant, you have the right to view your case record before your California state hearing. The county IHSS office should give information that can be of help to you or someone that you authorize in preparing for the hearing. This includes revealing to you any program regulations and evidence available on your case.
Once a state hearing is filed, you will be assigned a county appeals specialist. The specialist will review your hearing request, contact you to discuss the issues, and try to resolve the issues prior to the hearing. If the issues can be resolved, the hearing will not occur, and you may enter into a conditional withdrawal agreement with the county to resolve the issues. The county IHSS office has thirty days to carry out the actions specified in the conditional withdrawal.
The appeals specialist must write a position statement. The position statement is the county’s interpretation of the facts and laws that apply to your case and holds the reason(s) for your IHSS denial. The appeals specialist must make the position statement available to you two days before the hearing.
Go to the IHSS hearing
If the issue cannot be resolved, your case will be reviewed and presented before an Administrative Law Judge (ALJ). Both parties can bring witnesses to the hearing. The ALJ will then make a ruling and issue a decision about your IHSS program eligibility and/or grant the proper number of monthly authorized hours.
You should also write your own position statement. This is basically a letter to the county and the Administrative Law Judge. You are telling them why you disagree with the county’s decision. Include information about all the areas you disagree with and why you disagree. Include any other information that might help you prove your point. Send this to the appeals officer at least one week in advance.
- Doctors: list each name, address, how often you visit, and how long it takes to get there and back
- Hours you think you should get in each area
- Behaviors that show that your child is not self-directing and has a need for Protective Supervision
- Hazard log
Along with your position statement, you should additionally bring the following to your case hearing, if applicable:
- Position statement received from the county
- Your statement of the facts
- Health care documentation
- Letters from doctors and caregivers
- Documentation from child’s school
At the hearing, the county will go first to say why hours were cut or why you shouldn’t receive more hours. They will give lots of evidence. The most important thing for you to do is to stick to your explanations of why your child needs more hours. Be prepared to show all the documents you prepared.
Get 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 Advocacy Group is on the front lines every day, making positive change happen for people diagnosed with autism, Down syndrome and a range of diagnoses across the continuum. As a leading advocate for all people with intellectual and developmental disabilities and their families, and the premier provider of the support and services people want and need, we understand the system and know how to take action in regard to your best interests.
CONTACT US FOR HELP.
Dial (844) 255-4477 or email us at [email protected]