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 is that the county’s denial is not the final verdict in your pursuit of IHSS. California residents have the right to appeal the county’s denial of IHSS and present their case to an administrative law judge at a State hearing. This guide breaks down everything you need to know—from understanding your denial to preparing for your hearing and what to expect afterward.
🧾 What Is IHSS?
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 be 1) a California resident, 2) qualify for Medi-Cal, and 3) either be at least 65 years of age, disabled, or blind. The IHSS program is administered by county welfare departments under the authority of the California Department of Social Services (CDSS).
Some in-home supportive services include:
– Housecleaning and laundry
– Meal preparation and feeding
– Grocery shopping
– Bathing, oral hygiene, and grooming
– Medical accompaniment
– Paramedical
– Protective supervision
Click here for a complete list of services.
During an initial assessment or reassessment, a county social worker evaluates the applicant’s abilities and needs to determine IHSS eligibility.
🚫 Why Was Your IHSS Application or Reassessment Denied?
A county documents its decision to authorize or deny IHSS in a Notice of Action (NOA). The NOA is an important document to review, especially if the county did not authorize as many services or hours you think you or your loved one deserves.
The county’s NOA is required to include, among other things:
– A written notice informing the claimant of the action the county intends to take;
– The reasons for the intended action;
– The specific regulations supporting such action;
– An explanation of the claimant’s right to request a state hearing;
– If appropriate, the circumstances under which aid will be continued if a hearing is requested.
There are many reasons why the county may deny your request for IHSS. Perhaps the county does not believe you need assistance or as much assistance as you claim. Many claimants are denied because they provide insufficient documentation or the requested services are not covered under IHSS.
Or perhaps the county made a mistake and did not have a valid reason to deny your request. Keep in mind that county social workers are usually not licensed social workers and often have no expertise in social work. Not only that, but many county social workers are overworked. So just because the county denies your request for IHSS, it doesn’t mean the county is right!
Whatever the county’s reason for denying you or your loved one IHSS, you might not agree with county’s decision. You have the right to appeal the county’s NOA.
🕒 Step 1: Don’t Wait—You Have 90 Days to Appeal
You generally have 90 days from the date of the NOA to request a hearing.
If the County reduced or discontinued your IHSS hours, be sure to file your appeal before your services go into effect, which is called “aid paid pending.” By doing so, you maintain your previously authorized number of hours for the duration of your appeal. If you ultimately lose your appeal, you do not have to pay the county back for the additional hours received for the duration of your appeal. For example, if your NOA states that the authorized amount of services go into effect on April 15, be sure to file prior to that date to be eligible for “aid paid pending.”
You can submit an appeal after 90 days if you have a good reason for asking late. If the county did not provide legally adequate notice, you can also submit an appeal after 90 days. Ask a lawyer or advocate whether your NOA was legally adequate.
📞 Step 2: Request an IHSS Hearing
The State Hearings Division of CDSS oversees IHSS hearings. The mission of the State Hearings Division is to resolve disputes of applicants and recipients of public social services in an impartial, independent, fair, and timely manner, ensuring that due process is met in accordance with federal and state law.
You can request a state hearing in the following ways:
📨 Mail: Fill out the back of your NOA or write on separate paper and send it to:
CDSS State Hearings Division
P.O. Box 944243
Sacramento, CA 94244-2430
📞 Call: 1-800-952-5253 (TTY: 1-800-952-8349)
🌐 Online: Visit https://www.cdss.ca.gov/hearing-requests
Be sure to provide all requested information such as your full name, address, telephone number, the name of the county that denied you or your loved one services, the aid program(s) involved, and explain why you want a hearing. If you have trouble understanding English, be sure to mention your preferred language (and dialect) so the State can arrange for you to have an interpreter at the hearing. If an attorney or advocate is representing you for the appeal, state his/her name and address.
📂 Step 3: Start Building Your Case
📑 Gather documentation that demonstrates your or your loved one’s need for IHSS.
🧾 Provide evidence of your or your loved one’s need for IHSS services from reliable, objects sources, including but not limited to:
– Caregiver or therapist statements;
– Photos or videos;
– Medical records, prescriptions, and doctor’s letters;
– Other professional reports and witness statements
If you’re seeking protective supervision, review our complete guide on How to Secure IHSS Protective Supervision.
♺ Step 4: Consider a Conditional Withdrawal
The county may offer you a conditional withdrawal. This means that the State Hearings Division will put your appeal on hold while the county conducts a reassessment of your case with the same effective date as your appeal. If the county still does not authorize the amount of IHSS hours you think you or your loved one deserves, then you can reopen your appeal.
It is generally a good idea to accept a conditional withdrawal because it essentially gives you another bite at the apple to get the services you deserve. Review the conditional withdrawal offer to ensure that the appeal will reopen if you’re not satisfied with the new reassessment results and it provides the same effective date as the appeal.
🗓 Step 5: Prepare for Your IHSS Hearing
An administrative law judge will conduct your hearing and decide your appeal. Often, a county hearing representative and county social worker attend the hearing on behalf of the county. You can choose whether to have your IHSS hearing via phone, video, or in-person.
✅ Get ready for your IHSS hearing by:
– Submitting documentation that supports your case;
– Reviewing the county’s Statement of Position;
– Planning your testimony, which should explain why you or your loved one deserves more IHSS hours and/or services;
– Consider retaining an attorney or advocate to represent you at the hearing.
Be sure to check out our #1 tip for your IHSS appeal.
👩⚖️ What Happens After the IHSS Hearing?
The ALJ will issue a written decision within 90 days.
🎉 If you win:
– The county authorizes retroactive IHSS hours and payment from the effective date of your appeal
– You maintain the authorized number of hours until your next reassessment
😔 If you lose, you can:
– Request a rehearing within 30 days of the decision;
– File a writ petition in superior court within 1 year of the decision
– Obtain improved documentation and request a reassessment with the county, although this option does not appeal the ALJ’s denial
⚖️ Can You Get Legal Help?
Yes! Although it’s not required, having an attorney or advocate represent you for your IHSS appeal can make a big difference. Learn more about the advantages of choosing an attorney for your IHSS appeal. Some organizations may offer you free assistance, such as Disability Rights California.
💡 Tips for a Successful Appeal
– File early, especially for aid paid pending
– Keep all communication and records, including the County’s NOA and your hearing request
– Make sure your story is consistent
– Don’t give up—many win on appeal
– Be polite and professional
🙋 Final Thoughts: You Deserve Support
The IHSS appeal process gives you a second chance to obtain the services you or your loved one may need to live safely at home. With preparation, documentation, and a clear explanation of your or your loves one’s needs, you can successfully overturn the county’s denial.
It may feel like an uphill battle to appeal the county’s denial of services. Remember that you’re not alone and don’t give up! Many families are initially denied services before they win their appeal and receive the services they deserve.
Need help understanding your NOA or preparing for your appeal? The IHSS Law Office of James Diskint, PC has helped many families throughout California successfully appeal their denials. We’d love to assist you in obtaining the services you deserve.
Disclaimer
The information in this article is not legal advice, nor is it intended to be. The information provided may be inaccurate and outdated. You should consult an attorney for advice regarding your individual situation.