What Form Do I Use to Appeal My IHSS Decision?

In-Home Supportive Services (IHSS) can be beneficial if you live in California and are having a hard time financially to raise a child who has autism, Down syndrome, or another type of developmental disability. This program in California can allow you to be paid up to around $4,000 a month as your child’s caregiver. But what if you’ve applied and have been denied IHSS? What form do you use to file an appeal with IHSS?

What is IHSS?

IHSS stands for In-Home Supportive Services. It provides financial assistance to adults and children with developmental disabilities so they can remain at home safely.

For caretakers, including parents of children with autism, Down syndrome, and other developmental disabilities, Protective Supervision, part of the IHSS program, can provide payments every month so you can stay home and properly care for your child.

However, the application process is lengthy, and can be frustrating and confusing. For those who are trying to receive benefits for IHSS, a denial can be stressful.

Appeal Form SOC 856

To ask for an appeal, you must complete the following within 60 days of the day the county tells you that you are not eligible to be an IHSS provider:

Fill out and sign the Ask for an Appeal Form (SOC 856).

Make a copy of the front and back of this page for your records.

Tips to appeal IHSS

When you are denied IHSS and want to appeal the decision, you will receive a hearing date in the mail, as well as a letter from an Appeals Officer for the county you live in.

Here are the steps to file an appeal:

• Send them a Position Statement that tells them why you think the decision was wrong and what you wish to change. You also need to send them as much supporting evidence as possible to back up your child’s need for funding. This includes all IEPs, IPPs, evaluations, and documents from your doctor, therapist, etc.
• Send all this information as soon as possible; it needs to get to them at least one week before your hearing date.

Send all documentation to:
California Department of Social Services
Fiscal, Appeals and Benefit Programs Branch
Appeals, Administrative Review & Reimbursement Bureau
Attn: Appeals and Administrative Review Unit, MS 9-11-04
P.O. Box 944243
Sacramento, CA 95244-2430

Once an appeal is received by CDSS, a finding regarding the support or denial of an appeal will be completed within 180 days. CDSS will notify in writing the county IHSS office or IHSS Public Authority Office and provider of the findings of the appeal review.

If this process sounds overwhelming and you feel you need help, you can always reach out to us. Our advocates can lead you through everything, as well as attend the hearing with you.

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].