Why Does the County Reassess IHSS Every Year?

If your child’s needs haven’t changed, an annual IHSS reassessment can feel unnecessary, stressful, or even threatening. Many parents ask why the county reassesses every year—and whether that means benefits are at risk. The short answer is that annual reassessments are required by law, but they are not supposed to be used to automatically reduce hours or deny services.

Here’s what parents should know.

Annual Reassessments Are a Legal Requirement

Counties are required to review IHSS cases at least once every 12 months. The purpose of a reassessment is to confirm continued eligibility and ensure that services still reflect the recipient’s needs.

This requirement exists for all IHSS recipients, not just children or parent providers.

What the County Is Supposed to Review

During a reassessment, the county should evaluate:

Whether the child still has a qualifying disability
Whether care needs have changed, increased, or decreased
Whether authorized services are still appropriate

The reassessment is not meant to re-litigate eligibility from scratch or assume improvement without evidence.

Reassessment Does Not Mean Reduction

A common fear is that reassessment automatically leads to fewer hours. That is not how the program is intended to work.

Hours should only be reduced if there is clear evidence that:

The child’s functional needs have decreased, or
Certain services are no longer required

If nothing has changed—or if needs have increased—hours should remain the same or increase.

Why Reassessments Feel Adversarial

Many parents experience reassessments as more stressful than initial assessments because:

They worry about losing existing support
Social workers may rely heavily on brief observations
The burden often shifts to parents to “prove” ongoing need

This can be especially difficult for families whose children have invisible disabilities or fluctuating conditions.

What Parents Can Do to Prepare

To protect services during a reassessment, parents may want to:

Review the current Notice of Action and authorized hours
Document daily care and supervision needs
Note any changes, regressions, or new diagnoses
Be clear and specific about safety risks and support required

Preparation helps ensure the reassessment reflects reality, not assumptions.

What If Hours Are Reduced After Reassessment?

If the county reduces hours following a reassessment, parents have the right to:

Receive a written Notice of Action
Appeal the decision within the stated deadline
Request aid paid pending in most cases

A reduction does not mean the decision is correct—it means it can be challenged.

The Bottom Line

Annual IHSS reassessments are required, but they are not meant to automatically cut services. The goal is to confirm continued eligibility, not to punish families or assume improvement. Knowing what reassessments are—and what they are not—can help parents approach them with more clarity and confidence.

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].

Approved for Too Few IHSS Hours—Can You Get Back Pay?

It’s common for IHSS providers—especially parents—to work far more hours than the county approves. When that happens, the question is inevitable: if the county approved the wrong number of hours, can you be paid retroactively for the time you already worked?

The answer is sometimes, but it depends on why the hours were wrong and what steps you take next.

Why Approved Hours Don’t Always Match Reality

Approved IHSS hours are based on:

The county’s assessment of need
Functional rankings
Social worker documentation

They are not automatically based on how many hours you actually work.

Hours may be too low because:

The assessment missed critical care tasks
Protective supervision was denied or reduced
The social worker misunderstood daily needs
Evidence was incomplete or ignored

Working extra hours does not automatically entitle you to pay—but errors in approval can be corrected.

When Retroactive Pay May Be Possible

Retroactive payment is typically available when:

Hours were incorrectly denied or reduced
An appeal overturns the county’s decision
A reassessment shows the original hours were wrong

In these cases, back pay may apply from:

The effective date of the Notice of Action
The date services should have been approved

This is why appeals matter—not just for future hours, but for past pay.

When Retroactive Pay Is Not Available

You generally cannot receive back pay if:

You worked beyond approved hours without a correction
There was no appeal or challenge to the approval
The hours were never authorized by the county

IHSS pays only for authorized hours, even if more care was necessary.

The Role of Appeals

Appeals are often the key to retroactive pay.

If you:

File a timely appeal
Show the assessment was incorrect
Prove the county failed to follow IHSS rules

…a successful appeal can result in:

Increased hours moving forward
Retroactive payment for previously denied hours

Missing the appeal window can limit how far back pay can go.

Why Documentation Matters

To support retroactive hours, families often need:

Care logs showing daily tasks and supervision
Medical or behavioral evaluations
IEPs or treatment plans
Evidence the need existed at the time of assessment

The focus is on showing the need was always there, even if the county failed to recognize it.

What to Do If You’re Underpaid

If your approved hours don’t match the care you provide:

Review your most recent NOA
File an appeal if the hours are wrong
Gather evidence showing unmet needs
Track your care going forward

Waiting too long can permanently limit your ability to recover past pay.

The Bottom Line

You can only be paid retroactively for IHSS hours if the county’s approval was wrong and that error is corrected—usually through an appeal or reassessment. Simply working extra hours without authorization does not guarantee payment.

If your hours were underestimated, acting quickly can protect both your future income and, in some cases, recover pay for the care you’ve already provided.

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

Turning 18 and Losing IHSS Hours—Is That Correct?

Many parents are shocked when their child turns 18 and IHSS hours are cut instead of increased. There’s a common belief that adult assessments automatically lead to more hours because adult standards recognize independence and safety differently. While adult assessments can increase hours, a reduction is not automatic or always correct.

What matters is how the county conducts the adult reassessment—and whether it follows the law.

What Changes When a Child Turns 18

At age 18, IHSS shifts from a minor assessment to an adult assessment. This means:

The “normal parental care” standard no longer applies
The adult recipient is assessed as an individual
Hours should be based on the adult’s functional limitations

In theory, this often supports more IHSS hours, not fewer.

Why Counties Sometimes Cut Hours Anyway

Counties may reduce hours after age 18 by:

Treating the adult as more independent without evidence
Ignoring ongoing safety risks or cognitive impairments
Failing to reassess protective supervision correctly
Relying on outdated or incomplete information

A cut is only lawful if the county can show a real change in need, not just a change in age.

Adult Assessments Do Not Assume Independence

Becoming a legal adult does not mean a person suddenly:

Becomes self-directing
Loses dangerous behaviors
Needs less supervision
Can safely manage daily activities

If your child’s needs stayed the same—or increased—the assessment should reflect that.

Protective Supervision After Age 18

Protective supervision does not end at 18.

Adults may still qualify if they:

Have cognitive impairments
Are non-self-directing
Require constant supervision to prevent injury

If protective supervision was reduced or removed without proper analysis, the county may have made an error.

What to Do If Hours Were Cut

If hours were reduced immediately after your child turned 18:

Review the Notice of Action carefully
File an appeal if the reduction lacks evidence
Gather updated medical, behavioral, and functional documentation
Emphasize that needs did not decrease

Adult reassessments should be individualized—not automatic.

Why These Cuts Are Often Appealable

Reductions tied solely to turning 18 are frequently overturned because:

Age alone is not a valid reason to reduce hours
Counties must justify changes with evidence
Adult standards often support equal or greater assistance

Appeals succeed when families show that the county relied on assumptions instead of facts.

The Bottom Line

Adult IHSS assessments are not supposed to automatically reduce hours. If anything, turning 18 often removes parental-care limitations that previously capped services.

If your child’s hours were cut simply because they became an adult, it may be worth challenging. In IHSS, age alone does not reduce need—and the county must prove otherwise.

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

Missed the IHSS Appeal Deadline—Do I Still Have Options?

Missing an IHSS appeal deadline can feel devastating, especially when the Notice of Action (NOA) was confusing or unclear. Many parents and providers assume that once the deadline passes, their case is over. In reality, missing the deadline does not always mean you’re out of options.

What you can do next depends on why the deadline was missed and how quickly you act.

Why IHSS Appeal Deadlines Are Missed

IHSS NOAs are often:

Written in technical or vague language
Missing clear explanations of what changed and why
Confusing about deadlines and next steps

It’s common for parents to misunderstand whether the NOA requires action, especially when hours are reduced rather than fully terminated.

What the Deadline Usually Means

Most IHSS appeals must be filed within a specific number of days from the NOA date. Missing that window may mean:

You lose the right to automatic continuation of benefits
The county implements the reduction or denial

However, the right to request a hearing may still exist in certain situations.

When You May Still Be Able to Appeal

You may still have options if:

You did not receive the NOA on time
The NOA was unclear, incomplete, or misleading
The county failed to properly explain the reason for the change
Language barriers or disability affected your ability to understand the notice

In these cases, you may be able to request a late appeal for good cause.

What “Good Cause” Can Include

Good cause is evaluated case by case and may include:

Confusing or inaccurate NOA language
Failure by the county to explain appeal rights
Medical or family emergencies
Cognitive, language, or accessibility barriers

Not understanding the NOA can matter—especially when the notice itself is defective.

Other Options Even Without a Late Appeal

If a late appeal is not accepted, you may still:

Request a new assessment
Submit updated medical or behavioral evidence
Challenge future NOAs more effectively
Address procedural errors in how the county handled your case

These steps may not restore past benefits, but they can protect future hours.

Why Acting Quickly Still Matters

Even after the deadline passes:

Delays make it harder to argue good cause
Evidence becomes harder to gather
Counties are less likely to reconsider informally

The sooner you take action, the stronger your position.

When Legal Help Can Make a Difference

An advocate or attorney can:

Review whether the NOA was legally sufficient
Determine if good cause applies
Help draft a late appeal request
Identify alternative strategies if an appeal isn’t possible

Many families discover they still have viable options they didn’t realize existed.

The Bottom Line

Missing an IHSS appeal deadline does not automatically end your case. If the NOA was confusing, unclear, or defective, you may still be able to move forward—especially if you act quickly.

The key is not assuming it’s over. Understanding your options now can help you protect future benefits and, in some cases, challenge what already happened.

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

What Tasks Are Not Covered by IHSS?

If you or your child receives IHSS (In-Home Supportive Services), it’s important to understand both what care is covered and what tasks are not eligible for payment.

Knowing this helps prevent errors on timesheets, avoids issues with your social worker, and ensures compliance with state regulations.

1. Tasks Not Related to the Recipient’s Health or Safety

IHSS is designed to help individuals with medical, physical, or cognitive limitations. Tasks that do not directly support health, safety, or daily functioning are generally not covered.

Examples include:

Household chores unrelated to care (deep cleaning, yard work, laundry for the whole family)
Pet care (feeding, walking, or cleaning up after pets)
Babysitting siblings or other family members
Cooking meals for the household at large, beyond the needs of the IHSS recipient

The key principle: IHSS only pays for tasks that directly benefit the eligible recipient.

2. Activities Outside Approved Hours

Even covered tasks may not be paid if performed outside your approved IHSS schedule. For instance:

Cooking meals when the recipient is away at school or work
Supervision during times the recipient does not need care
Errands not specifically required for the recipient’s medical or safety needs

Timesheets must reflect only hours actually spent providing care.

3. Activities Already Provided by Other Services

If your child or family already receives services through another program—such as school staff, therapists, or residential care programs—IHSS generally cannot duplicate those services.

Examples:

Special education staff providing daily academic or behavioral support at school
Therapy sessions covered by Medi-Cal or other programs
Meals or nutrition support provided at a licensed facility

IHSS fills gaps, it does not replace other programs.

4. Tasks That Are Not Medically Necessary

IHSS focuses on tasks required for health, safety, and daily living. Tasks that are convenience-based are not covered, such as:

Grooming beyond what is medically or developmentally necessary
Bathing or hygiene for someone who does not need assistance
Recreational activities, unless supervision is required for safety

Your social worker will assess what is necessary for your child’s care and protective supervision.

5. Travel or Transportation Not Directly Related to Care

IHSS hours may cover transportation related to medical care or necessary daily activities, but commuting unrelated to care is not covered. Examples of non-covered travel:

Driving family members to work or school
Running personal errands for the caregiver
Trips for recreation or social activities not required for safety

Tips to Avoid Timesheet Issues

Document only hours spent providing approved IHSS care
Separate household chores from recipient-specific care tasks
Keep notes from your social worker about approved tasks
Check your IHSS handbook or county guidelines for the most current list of covered and non-covered tasks

Being thorough and accurate helps prevent payroll delays or audits.

Bottom Line

IHSS is designed to support the health, safety, and daily living needs of eligible individuals. Tasks that do not directly relate to care, supervision, or medically necessary assistance are not covered.

If you’re unsure whether a task is allowed, always check with your IHSS social worker before logging it on your timesheet. Proper documentation protects both your hours and the program’s integrity.

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