In-Home Support Service Appeals
Legal Aid for Families Who Have Been Denied IHSS
If your child is disabled, he or she may be eligible for in-home services provided by the state and delivered at the county level. The California In-Home Supportive Services program, or IHSS, can be a lifesaver, both for disabled children and their parents. The determination of eligibility for the In-Home Support Services offered through the state is a lengthy process. The first step involves an in-home assessment, in which a county worker will evaluate what services your child should receive, and how many hours per month.
If you have a child that requires 24-hour supervision, IHSS will be an extremely valuable resource to explore. You may have applied for IHSS and had your application denied or had the number of hours reduced. You have the right to file an appeal if you disagree with the decision. At Woodsmall Law Group, we are dedicated to protecting the rights and interests of children in IHSS appeals.
Filing an Appeal for IHSS
When the county decides to end the IHSS services or change the hours, they will provide a Notice of Action which outlines the details of the changes. This document will also include a form where you may request an appeal. You will have 90 days from the date you receive the Notice of Action to make your request. If you are receiving IHSS services and have been informed that the current services provided are ending, you have the right to appeal the decision up to ten days before the scheduled change. If you appeal the decision before the change in your IHSS hours goes into effect, you will continue to receive all your hours until the hearing is over.
At the beginning of your appeal, you will need to request a “fair hearing.” This hearing provides you with the opportunity to state your case and prove that your family is eligible for IHSS support. The hearing process is a critical point in the success of the appeal.
Preparing for an IHSS Fair Hearing
Once the hearing is requested, you will receive notice of the date of your hearing. For a successful appeal, the process must be managed with a full understanding of the hearing process, and the types of information that must be presented. All documents related to your application must be gathered, including all of the “needs assessment forms” – forms created by the County IHSS worker – as well as notes regarding authorization for the number of hours of service or denial of service, and the most recent SOC 293 form. This form outlines what your child can and cannot do. Your appeal also includes creating a “position statement,” which outlines why you believe the decision was incorrect.
With an attorney advocating for you, you are supported by a knowledgeable professional who can help you navigate the process, gather the required paperwork and witnesses, and prepare your case for presentation. The witnesses may include IHSS service providers, counselors, friends, family, or others who can provide information to support your case. At Woodsmall Law Group, we can help you through this challenging process, and help you seek the support you need and deserve.
Resolving an IHSS Dispute
In some cases, your case may be resolved without a hearing. Appeals workers may suggest “conditional withdrawal,” in which the appeals worker will agree that the denial or reduction in hours was wrong and will request a reassessment. If you do not agree with the reassessment by the appeals worker, your hearing will move forward.
Contact Woodsmall Law Group for IHSS Appeals
Whether your family needs more hours, has had hours cut, or has had an application for services denied, Woodsmall Law Group offers legal support and guidance. We want to understand the full needs of the child and develop a long-term plan of support. Two attorneys will be assigned to each case we take on. We offer a free initial one-hour consultation and provide legal services in English, Spanish, Mandarin, Cantonese, and Polish.