The IHSS program in California can financially help parents of children with special needs like autism or Down syndrome. But if you’ve applied for In-Home Supportive Services (IHSS) and been denied, you will receive an IHSS Notice of Action. Your IHSS social worker must send you an IHSS Notice of Action (NOA) each time a decision is made related to your eligibility for IHSS. For example, once your IHSS application has been processed, your county IHSS social worker will send you an IHSS Notice of Action.
Your IHSS social worker is responsible for determining your eligibility and need for IHSS services. Your IHSS social worker will do this by providing you with an assessment when you first apply for IHSS, and by conducting annual reassessments after that. The purpose of an assessment and reassessment is to determine what services you need and how much time you need to receive IHSS services for your child to remain safely at home. When the assessment is complete, your IHSS social worker is required to send you an IHSS Notice of Action (NOA).
The challenges arise with the service assessment process – the yearly home visit made by a social worker to evaluate the need for in-home care. The process relies extensively on the estimations made by your social worker, whether they have the proper training or medical knowledge or not. The state must use an unbiased functional index ranking to assess your child’s ability to perform various tasks and time for task guidelines to calculate your IHSS hours.
These rankings are centered on the social worker’s opinion of your child’s abilities, and sometimes their evaluation can contradict the medical documentation or your own statements about your child’s daily routine. Also, time-for-task guidelines do not account for differences in medical conditions and needs, and while social workers can override them, they rarely do so. As a result, people with the greatest needs are often denied adequate IHSS hours.
Because of this, there have been many instances when IHSS stated that as a parent, you should not be paid to take care of your own child. Other IHSS denials have stated that the parents took preventative measures to ensure their child’s safety, and therefore, they do not meet their guidelines.
Your IHSS social worker must send you an IHSS Notice of Action each time a decision is made related to your eligibility for IHSS. Your IHSS social worker will also send you an IHSS NOA if your hours are increased, decreased or your IHSS services are terminated. IHSS is also required to send to you an IHSS Notice of Action if there is some other change that is made to your IHSS services.
You can still appeal these IHSS decisions and get back your IHSS hours. An appeal system known as a due process hearing is an excellent tool for parents who have been denied benefits for their children with autism, Down syndrome, cerebral palsy, or another disability. This process provides you with another chance to prove that your family qualifies for financial assistance.
But the process for challenging a denial can be daunting because there are timelines and a hearing involved. The matter can also involve the courts.
A request for hearing MUST be filed within 90 calendar days after the date of the county action or inaction. A written request for a rehearing must be filed within 30 calendar days of receipt after the decision is received. A request for a state hearing may be written or oral and there is a request form on the back of the Notice of Action. The request for a state hearing should include: the aid program involved (i.e., IHSS), the reason for the disagreement with the county action, if an interpreter is needed and what kind, and a copy of the applicable IHSS Notice of Action.
If this process sounds overwhelming and you feel you need help, you can always reach out to us.
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 in regard to your best interests.
CONTACT US FOR HELP.
Dial (877) 762-0702 or email us at [email protected].