Gather clear proof of IHSS using reliable sources like medical records, doctor’s letters, caregiver statements, and therapist notes. Photos, videos, and witness statements can also help.
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The IHSS Law Office of James Diskint, PC is dedicated to helping families throughout California secure protective supervision and other in-home supportive services (IHSS). We believe that each person deserves the dignity of being able to live safely at home.
If your loved one needs protective supervision or other supportive services, you likely already have your hands full. Although the IHSS appeal process can seem like an uphill battle, James Diskint is an IHSS lawyer who can help you navigate every step of the way.
As a disability attorney and advocate, James Diskint has helped many families get the services they deserve.
In-Home Supportive Services is a California benefits program designed to help people of all ages live safely at home and avoid institutionalization. Through the IHSS program, counties pay recipients to hire a personal caregiver, including a family member, to assist with activities of daily living. To be eligible, you must:
The IHSS program is administered by county welfare departments under the authority of the California Department of Social Services (CDSS).
You generally have 90 days from the date of the NOA to request a hearing.
The State Hearings Division handles IHSS appeals and ensures disputes are resolved fairly, independently, and on time, following state and federal law.
📨 Mail: Send your NOA or a written request to:
CDSS State Hearings Division
P.O. Box 944243, Sacramento, CA 94244-2430
📞 Call: 1-800-952-5253 (TTY: 1-800-952-8349)
🌐 Online: cdss.ca.gov/hearing-requests
Include your full name, contact info, county, aid program(s), reason for hearing, language needs, and your rep’s info if you have one.
Gather clear proof of IHSS using reliable sources like medical records, doctor’s letters, caregiver statements, and therapist notes. Photos, videos, and witness statements can also help.
The county may offer a conditional withdrawal, pausing your appeal while they reassess your case using the same effective date. If you still disagree with the outcome, you can reopen your appeal.
To prepare for your IHSS hearing, submit supporting documents, review the county’s Statement of Position, plan your testimony, and consider getting legal help.
After the hearing, the judge will issue a decision within 90 days. If you win, you’ll get retroactive hours and keep them until your next reassessment. If you lose, you can request a rehearing within 30 days, file a court writ within 1 year, or ask the county for a reassessment with stronger documentation.
We begin by reviewing your IHSS appeal to identify strengths and note any areas that need correction. Our team helps gather and organize the required documentation, ensuring all records are in place to support your case. Whether you’re starting your case or filing an IHSS appeal online, our legal team guides you through each step. If you’re unsure how to appeal IHSS hours or need support during the process, we represent you at the hearing and present your claim for the hours and services you are seeking.
IHSS appeals start when the county issues a Notice of Action (NOA), which either approves or denies the applicant’s eligibility for protective supervision or other supportive services. If you disagree with the county’s denial of protective supervision or the amount of authorized service hours, you have the right to appeal. Here are the steps to follow for filing an IHSS Appeal.
Understand the appeal process: Your case will be reviewed in a hearing by an administrative law judge, unless the county offers a conditional withdrawal to reassess your application.
Act within the deadline: You must file your appeal within 90 days from the date listed on your Notice of Action (NOA).
Choose how to attend your hearing: You can request your hearing to be held:
Language support is available: If you’re more comfortable in a language other than English, you have the right to a free interpreter during your hearing.
Keep your service hours during the appeal: If you’re already receiving IHSS services and your hours are being reduced or stopped, you should request a hearing before the change takes effect. This is called Aid Paid Pending, which means you can continue receiving your current hours while waiting for the judge’s decision.
For your IHSS appeal, we focus on one goal: helping you win the support you’re entitled to. We bring deep knowledge of IHSS law, compassion for your situation, and a relentless drive to get results.
"The IHSS Law Office of James Diskint helped us win protective supervision for my son after our application was denied twice. They knew exactly what documents we needed and guided us every step of the way."
"I was overwhelmed by the appeal process, but this team made it manageable. They prepared my case thoroughly and were strong advocates during the hearing."
"Professional, knowledgeable, and compassionate. Thanks to their help, my elderly mother kept all of her IHSS hours and even gained more after reassessment."
In-Home Supportive Services—IHSS—is a California benefits program designed to help people of all ages live safely at home. IHSS pays recipients to hire a personal caretaker, including a family member, to assist with activities of daily living. To be eligible, you must be 1) a California resident, 2) qualify for Medi-Cal, and 3) either...
In-Home Supportive Services—IHSS—is a California benefits program designed to help people of all ages live safely at home. IHSS pays recipients to hire a personal caretaker, including a family member, to assist with activities of daily living. To be eligible, you must be 1) a California resident, 2) qualify for Medi-Cal, and 3) either...
In-Home Supportive Services—IHSS—is a California benefits program designed to help people of all ages live safely at home. IHSS pays recipients to hire a personal caretaker, including a family member, to assist with activities of daily living. To be eligible, you must be 1) a California resident, 2) qualify for Medi-Cal, and 3) either...
The success of your IHSS appeal for protective supervision largely depends on one critical factor: whether you have persuasive documentation from objective sources. After reviewing countless administrative decisions, my main takeaway is that administrative law judges (ALJs) rely heavily on the objective documentation in the record when granting or denying IHSS appeals for...
Denials of In-Home Supportive Services (IHSS) can be discouraging, especially when you or a loved one truly needs help at home to live safely and independently. Whether your request for IHSS was denied entirely or your previous authorized hours were reduced, you have the right to appeal the county’s decision. The good news...
Winning an IHSS appeal depends on presenting strong, clear evidence that supports your need for protective supervision or additional service hours. To improve your chances:
If the process feels overwhelming or you’re unsure what documentation to provide, having a legal professional guide you can significantly strengthen your case. We’re here to help you every step of the way.
Once your appeal is filed, the hearing typically occurs within 30 to 90 days, depending on the State’s scheduling and case volume. After the hearing, the administrative law judge will issue a written decision, usually within 30 days of the hearing date.
Delays can happen, so it’s important to stay in contact with the appeals office and ensure your contact information is up to date.
While official statistics vary year to year, a significant number of IHSS appeals are successful, especially when applicants present strong evidence or have professional support.
Cases with clear documentation of the recipient’s need for supervision or care often have a higher success rate. Working with a legal advocate who understands IHSS regulations can greatly increase your chances of winning.
You may have strong grounds for an IHSS appeal if, for example:
If you’re unsure whether your case qualifies, reach out to us—we’ll review your situation and let you know how to proceed.
If you lose an IHSS appeal, the judge’s decision will stand, and any reduced hours or service terminations will go into effect. However, you may:
This process can be complex, so if you’ve received a denial, contacting a legal professional is highly recommended to explore your options for continuing your fight.
Appeals are often denied due to:
To avoid these pitfalls, it’s best to prepare thoroughly or work with an IHSS appeals expert who knows how to build a strong, convincing case. We’re here to help you avoid common mistakes and fight for the care you deserve.
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