If you are the parent of a child who has autism, Down syndrome, cerebral palsy, epilepsy, or another type of disability, you are your child’s best advocate to get him or her financial assistance. If you believe your child should receive California's In-Home Supportive Services (IHSS) but you have been denied, you can still appeal this decision through an IHSS hearing. But what is California's IHSS hearing and how do you win your case?
For parents with a child with a developmental disability, a due process hearing is one of the most important legal tools afforded to you. Unfortunately, few parents know that these hearings exist and even fewer use them. However, every child with special needs deserves to be able to live a quality life and it’s important that you know how to use the due process system to win your case and get IHSS financial services.
If the county has denied your family approval for IHSS, or given you a low amount of hours, you have the right to appeal that adverse action by requesting an administrative fair hearing with the California Department of Social Services (CDSS).
The county child welfare agency must provide you with a written document informing you of the county’s action or intended action. If you disagree with the reasoning on the Notice of Action, or you have been unable to obtain a written notice of denial, you have the right to appeal and can do so by requesting an administrative fair hearing. There should be instructions on your Notice of Action on the process of requesting an appeal to send that request to.
Very few parents take their child’s case to a due process hearing, which is tragic because the hearings can make a world of difference. Of the parents who do go to an IHSS hearing, however, the majority lose their case.
That may seem disheartening at first, but the factors that determine winning or losing a hearing are well understood.
More importantly, representation matters. Parents who go into a hearing alone are facing state representatives across from them who have experience and knowledge of the system. Parents seldom have the background in law and experience necessary to win the case.
Parents who have an advocate for their hearing are far more likely to win.
American Advocacy Group is your ally in planning a successful due process hearing strategy. We can research the hearing officer’s past decisions, prepare your case, and represent you at the hearing itself. This will make a dramatic difference in your likelihood of success.
Whether you’ve already got an IHSS hearing date or are just starting to consider the option, we can help. AAG offers a completely free consultation.
CONTACT US FOR HELP.
Dial (877) 762-0702 or email us at [email protected].