IHSS Law Office
of James Diskint, PC

IHSS is a California program that pays for care so that children and adults who are disabled, blind, or over 65 can live safely at home instead of in a facility. Services include personal care, meal preparation, paramedical services, protective supervision, and more. IHSS providers (caregivers) are paid by the State and can include family members or friends. Learn more in our beginner’s guide to IHSS.

Protective supervision is an IHSS service for people whose mental impairment or mental illness makes them nonself-directing, meaning they cannot recognize danger and are likely to engage in behaviors that puts them at risk of harm. Protective supervision is designed for recipients who need to be monitored 24-hours a day to help keep them safe.

The recipient must have a mental impairment or mental illness, be unable to assess danger or the risk of harm, be likely to engage in potentially dangerous behavior, and require 24-hour supervision. Physical or mental conditions alone do not qualify. See our guide to securing protective supervision for details.

Recipients receive either 195 hours per month (non-severely impaired) or 283 hours per month (severely impaired). Because these are among the highest hour awards in IHSS, counties scrutinize these cases closely and many valid claims are initially denied.

Yes. A parent can be a paid IHSS provider for their minor child, and family members can be paid providers for adult recipients. Parents are commonly the paid provider in protective supervision cases.

Yes, if the child’s condition makes them nonself-directing and likely to engage in dangerous behavior such as elopement, ingesting inedible objects, or engage in self-injurious behaviors (e.g., head-banging, skin-picking, etc.). Approval also depends on showing the child needs more supervision than a neurotypical child of the same age, among other eligibility requirements.

Apply through your county IHSS office by phone or with form SOC 295. The county requires a health care certification (form SOC 873) and sends a social worker to assess the recipient at home. The county then issues a Notice of Action approving or denying services.

A county social worker visits your home to evaluate the recipient’s needs and interview the family. What you say and the documents you provide significantly influence the outcome, so preparation matters. We help families prepare for IHSS assessments.

Common reasons include insufficient documentation, a social worker concluding the recipient is self-directing, statements at the assessment that minimized the recipient’s needs, or the county misapplying the rules. With the right documentation and representation, many denials are reversed on appeal.

You must request a hearing within 90 days of the date on your Notice of Action. Your case is then heard by an administrative law judge, where you and your representative can present evidence and testimony. Learn how we handle IHSS appeals.

Hearings are held before an administrative law judge, often by phone or video. The county usually presents first. The judge asks you questions to determine eligibility. Documentation showing the need for IHSS is crucial for the success of your appeal.

Before your hearing, the county may offer to reassess your case and issue a new decision on your IHSS eligibility if you conditionally withdraw your appeal. If you’re not satisfied with the county’s new decision, you have the right to reopen your appeal. Read our post on conditional withdrawals.

You can request a rehearing or challenge the decision by filing a writ petition in California Superior Court, which asks a judge to review the decision for error.

You are not required to have one, but an experienced IHSS attorney or advocate can make a significant difference in your IHSS appeal. An experienced IHSS lawyer understands the eligibility requirements, documentation needed to win, and how to prepare you for your hearing. Read why families choose a lawyer for their IHSS appeal.

Provider wages are set by each county and change over time. In Los Angeles County and most large counties, the rate is above the state minimum wage. Check your county’s current IHSS provider rate for the latest figure.

IHSS is a Medi-Cal benefit, so recipients must be Medi-Cal eligible. Wages paid to live-in providers may be excludable from federal income tax under IRS Notice 2014-7. Consult a qualified professional about your specific situation.

An initial application and assessment can take 30 to 45 days or more, and an appeal hearing is typically scheduled within a few months. With strong documentation and representation, many families secure protective supervision within a few months.

Yes. We represent families throughout California in assessments, appeals, and writ petitions. Most hearings are by phone or video, so location is no barrier. Contact us for a free case evaluation. Hablamos español.