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Many parents spend years caring for a child with disabilities before learning about IHSS. After discovering the program, a common question is:
"Can I get paid for all the care I've already provided?"
The answer depends on the circumstances, but in some cases, IHSS recipients may be entitled to retroactive benefits, often referred to as back pay.
Back pay refers to IHSS benefits that should have been authorized or paid for a prior period but were not.
This can happen when:
When this occurs, the recipient may be entitled to compensation for previously unpaid authorized hours.
Generally, IHSS does not pay for services provided before an application is submitted.
Many parents are surprised to learn that even if they have been providing around-the-clock care for years, IHSS typically cannot compensate them for care provided before the program became involved.
In most cases, benefits begin after an application is filed and eligibility is established.
This is where back pay may become available.
If the county improperly denied services, reduced hours, or failed to authorize benefits that should have been granted, retroactive payments may be possible.
For example, a family may appeal a denial of Protective Supervision and later win at a hearing. In some situations, the county may be required to pay for the hours that should have been authorized beginning on the appropriate effective date.
Often, yes.
When an appeal is successful, the administrative law judge may order the county to restore or increase services retroactively.
This can result in substantial back pay, particularly in Protective Supervision cases where hundreds of hours per month may be involved.
The amount depends on the facts of the case and the effective date established during the appeal process.
If you believe you are entitled to retroactive benefits, it is important to keep records such as:
These records can help establish when services should have been authorized.
Many families accept denials or reduced hours because they assume the county's decision cannot be challenged. In reality, mistakes happen, and many recipients successfully appeal IHSS decisions every year.
If you believe your child should have received more hours, Protective Supervision, or other services in the past, it may be worth reviewing the case with an experienced IHSS advocate or attorney.
While IHSS generally does not pay for care provided before an application is filed, back pay may be available when services were improperly denied, reduced, or delayed.
If you believe your family may be entitled to retroactive benefits, an experienced IHSS attorney can review your situation, explain your options, and help determine whether back pay may be available.
Need help? In California, the In-Home Supportive Services (IHSS) program provides crucial financial help for families raising children with special needs. 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 regarding your best interests.
CONTACT US FOR HELP. Dial (877) 762-0702 or email us at [email protected].
