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:

1. Look at your Notice of Action (NOA)
   You must appeal within 90 days of the date on the NOA.
2. Complete the back of the NOA or use form SOC 295
   This is the IHSS Appeal Request Form.
3. 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
4. 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].