How IHSS Appeals Work
IHSS appeals start when the county issues a Notice of Action (“NOA”), which either approves or denies the applicant’s eligibility for protective supervision or other supportive services. If you disagree with the county’s denial of protective supervision or the amount of authorized service hours, you have the right to appeal.
An appeal means that your case will be decided by an administrative law judge at a hearing, unless the county offers you a conditional withdrawal in order to reassess the applicant.
It is important to remember that you have 90 days from the date of the NOA to request your IHSS appeal. You can request your hearing to take place in person, over the phone, through video, or, if you cannot get to a hearing site because you have a disability or if other extenuating circumstances apply, you can request to have the hearing at your home, facility, or other location. If you prefer speaking in a language other than English, you are entitled to an interpreter at the hearing, free of charge.
If you are already receiving supportive services and the NOA reduced or terminated your hours, you should request a hearing prior to the date when the change takes effect. This is called “aid paid pending” and ensures that you maintain the same number of hours until the administrative law judge issues a decision for your IHSS appeal.
How We Help
The hearing is the culmination of IHSS appeals. It’s your opportunity to prove to the judge that your loved one deserves protective supervision and/or more supportive service hours. If you win your appeal, the county is responsible for retroactively paying your service hours from the date of your initial application or reassessment. The county hearing specialist and social worker, in defending the county’s decision, will try to rely on facts that support the county’s denial, reduction, or termination of your service hours.
The Law Office of James Diskint, PC knows what it takes to win IHSS protective supervision and additional service hours on appeal.
We’re committed to thoroughly preparing your case for the appeal, taking the pressure off you at the hearing, and helping you overturn your denial.
- Before the hearing, we’ll help gather and organize your documentation, draft your position statement, make sure you know what to expect at the hearing, and more. Without the proper evidence, your appeal may well get denied. That’s why we help you put together strong documentation for your case. Your testimony at the hearing can also help convince the judge that you deserve protective supervision or other in-home supportive services. One of our goals is to help ensure that any question you get asked at the hearing, whether from the judge, county hearing specialist, or social worker, is one that you’re fully prepared to answer.
- During the hearing, as your attorney, we advocate on your behalf and take the lead in presenting your case. We highlight the critical evidence to the judge, cross-examine the county’s witnesses, ask you and your potential witnesses prepared questions, and more.
Please contact us if you’d like help with your IHSS appeal.
Contact Us
1702 S. Robertson Blvd. #231
Los Angeles, CA 90035
Fax: (213) 797-7488
support@ihsslaw.com