Disputing Your IHSS Hours Decision

If you’ve been approved for California’s In-Home Supportive Services (IHSS) but feel the number of hours awarded isn’t enough to meet your needs—or the needs of someone you're caring for—you are not stuck with that decision. You have the right to appeal your IHSS hours.

Whether you’re a recipient or a caregiver helping someone navigate the process, here’s what you need to know about appealing IHSS hour determinations.

Understanding IHSS Hours

IHSS hours are based on an assessment by a county social worker, who evaluates what tasks a person needs help with and how much time those tasks should reasonably take.

These tasks include:

Personal care (bathing, dressing, grooming)
Domestic chores (cleaning, cooking, laundry)
Medical-related assistance
Protective supervision (for individuals who need 24-hour monitoring for safety)

After the assessment, the county issues a Notice of Action (NOA) stating how many hours per month have been approved.

What If You Disagree?

If you believe the hours are too low, don’t cover your actual needs, or were based on incorrect information, you can appeal the decision.

Common reasons to appeal:

You believe the county underestimated your needs
Your condition has worsened or wasn’t fully understood
The social worker missed or misclassified certain tasks
You were denied protective supervision, which you believe is necessary

How to File an Appeal

You can appeal by requesting a State Hearing. Here's how:

Look at your Notice of Action (NOA)
You must appeal within 90 days of the date on the NOA.
Complete the back of the NOA or use form SOC 295
This is the IHSS Appeal Request Form.
Mail or fax your appeal to:California Department of Social Services
State Hearings Division
P.O. Box 944243
Mail Station 9-17-37
Sacramento, CA 94244-2430
Fax: (916) 651-5210
Request an “Aid Paid Pending” hearing if needed
If your hours are being reduced, and you appeal within 10 days of the NOA date, you can request to keep your current hours during the appeal process.

What Happens Next?

After you file:

You’ll get a notice with the date and time of your hearing (usually within 30–60 days).
The hearing is typically done by phone, but you can request in-person if needed.
You’ll present your side to an administrative law judge.
You can bring evidence, doctors’ letters, or even witnesses.
The judge will issue a decision—often within a few weeks.

Tips for a Strong Appeal

Gather medical records that show your physical or mental health conditions
Document your daily needs, including how long tasks actually take
Ask your doctor or therapist to write a letter of support
Be specific about safety concerns if requesting protective supervision

You can also get free help from:

Legal Aid offices
IHSS advocacy organizations
Disability rights groups

Final Thoughts

Yes, you absolutely can appeal if you don’t agree with the number of IHSS hours awarded. The appeal process is a powerful tool to ensure your needs—or the needs of a loved one—are fully recognized and supported. Don’t be afraid to speak up about this decision, especially if your health or safety is at risk.

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].

What is IHSS Protective Supervision?

In California, the In-Home Supportive Services (IHSS) program goes beyond providing general assistance to individuals with disabilities, elderly residents, and those in need. For families raising children who require extra care due to mental or cognitive impairments such as autism, the Protective Supervision program within IHSS offers specialized support to ensure their safety and well-being. In this blog post, we'll delve into what the Protective Supervision program is, its eligibility criteria, and how to apply for it.

Understanding Protective Supervision:

The Protective Supervision program under IHSS is tailored to individuals who, due to a mental or cognitive impairment, are at risk of injury or accidents if left unsupervised. This program acknowledges the need for constant or frequent supervision to ensure the individual's safety, prevent harm, and maintain their quality of life within their own home.

Eligibility Criteria:

To qualify for the Protective Supervision program within IHSS, certain criteria must be met:

Medical Certification: A licensed physician must certify that the individual's mental or cognitive impairment necessitates protective supervision to prevent accidents or injuries. This certification is a crucial component of the eligibility process.
Functional Assessment: The individual's need for protective supervision is determined through a comprehensive functional assessment. This assessment evaluates the individual's ability to perform daily tasks, make decisions, and navigate their environment safely.

Applying:

The process of applying for the Protective Supervision program within IHSS is akin to the general IHSS application process, with some specific considerations:

Complete the IHSS Application: Begin by completing the IHSS application, indicating your interest in the Protective Supervision program. You can apply online through the California Department of Social Services (CDSS) website or by visiting your local county social services office.
Physician's Certification: Obtain a medical certification from a licensed physician that clearly states the need for protective supervision due to the mental or cognitive impairment. This certification should outline the specific risks and challenges the individual faces without adequate supervision.
Functional Assessment: After the physician's certification, the individual will undergo a functional assessment conducted by a county social worker. This assessment will evaluate the individual's ability to perform daily activities and determine the level of supervision required.
Interview and Documentation: As part of the application process, you may be required to attend an interview with a representative from the IHSS program. Provide any relevant documentation, such as medical reports and assessment results, to support the need for protective supervision.

Benefits:

Enrolling in this program offers several benefits, including:

Enhanced Safety: Individuals receive the necessary supervision to prevent accidents and injuries that could arise from their mental or cognitive impairment.
Improved Quality of Life: The program enables individuals to continue living in their own homes while receiving the support they need, fostering a sense of independence and familiarity.
Reduced Caregiver Stress: Family members and caregivers can have peace of mind knowing their loved ones are under professional supervision, alleviating some of the stress associated with caregiving.
Tailored Support: Protective supervision is personalized to the individual's needs, ensuring that the level of care provided matches their specific challenges and requirements.

In conclusion, the Protective Supervision program within the IHSS is a lifeline for individuals who need constant or frequent supervision due to mental or cognitive impairments. By understanding the eligibility criteria, gathering the necessary medical documentation, and going through the application process, eligible individuals can access the specialized support they require to live safely and comfortably in their own homes. As with any government program, it's essential to stay informed about the latest guidelines and updates by consulting the official IHSS website or reaching out to your local county IHSS office.

CONTACT US FOR HELP. Dial (877) 762-0702 or email us at [email protected].

Will IHSS Affect My SSI?

If your child has a disability like autism, Down syndrome, or cerebral palsy, and you live in the state of California, you may be eligible to receive benefits such as In-Home Supportive Services (IHSS). This funding can be used to meet your child’s daily needs and can help pay the expenses associated with his or her disability. But what if you already get financial benefits such as SSI? Will IHSS affect your SSI? (more…)

How Do I Apply for IHSS for My Child with Down Syndrome?

Raising a child with Down syndrome can be difficult financially. You have to work and pay the bills, but your child needs constant care. How do you juggle all the responsibilities? In-Home Supportive Services (IHSS), a California program, may be able to assist you with the resources you need. It provides the disabled, blind, those with limited income or over the age of 65 with in–home care services to help them remain safely at home. But how do you apply for IHSS for your child with Down syndrome?

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Plan for Your IHSS Home Interview

In-Home Supportive Services (IHSS) is a program for residents of California that provides financial assistance so you, as your child’s caretaker, can give the best supervision and care for your child in the comfort of your own home. This means that you can receive an hourly wage to take care of your child. Part of the qualification process for IHSS is the Home Interview. But how do plan for your IHSS Home Interview?

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