Gather clear proof of IHSS need 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 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.
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 need 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 evaluating your case to identify its strengths and highlight any areas that may need improvement. Our team then helps gather and organize essential documentation, ensuring all necessary records are in place to support your appeal. Finally, we represent you at hearings, providing experienced legal advocacy to present your case clearly and effectively.
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.
An appeal means that your case will be decided by an administrative law judge at a hearing, unless the county offers you a conditional withdrawal in order to reassess the applicant.
It is important to remember that you have 90 days from the date of the NOA to request your IHSS appeal. You can request your hearing to take place in person, over the phone, through video, or, if you cannot get to a hearing site because you have a disability or if other extenuating circumstances apply, you can request to have the hearing at your home, facility, or other location. If you prefer speaking in a language other than English, you are entitled to an interpreter at the hearing, free of charge.
If you are already receiving supportive services and the NOA reduced or terminated your hours, you should request a hearing prior to the date when the change takes effect. This is called “aid paid pending” and ensures that you maintain the same number of hours until the administrative law judge issues a decision for your IHSS appeal.
The hearing is your chance to prove your need for protective supervision and additional IHSS hours. If you win, the county must pay retroactive service hours from your initial application or reassessment. The county will defend its decision, relying on facts that support the denial, reduction, or termination of your hours.
The IHSS Law Office of James Diskint, PC is dedicated to helping you win your appeal. We assist with gathering documentation, drafting your position statement, and preparing for the hearing. During the hearing, we advocate for you, presenting evidence, cross-examining witnesses, and ensuring you’re ready for any questions. Contact us if you need help with your IHSS appeal.
"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...
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...
IHSS (In-Home Supportive Services) is a California program that provides in-home care to eligible seniors and people with disabilities, helping them remain safely in their own homes.
To qualify, you must be a California resident who is aged, blind, or disabled, and need help with daily activities like bathing, dressing, cooking, or mobility. You must also meet income and resource limits.
Protective supervision is a type of IHSS service for individuals who need 24/7 monitoring due to mental impairments or cognitive disabilities that make them a danger to themselves.
Yes, the county can reduce or stop IHSS hours after a reassessment. If you disagree, you have the right to appeal and request a state hearing.
You can appeal by mailing, calling, or submitting a request online. File your appeal before the change takes effect to keep your current hours during the process (“aid paid pending”).
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