As the parent of a child who has autism, Down syndrome, cerebral palsy, epilepsy, or another type of disability, you may have applied for financial assistance in California such as In-Home Supportive Services (IHSS). And if you have been denied, you can still receive funding by appealing. But how long does an IHSS appeal take?
An IHSS appeal starts when the county issues a Notice of Action (“NOA”), which either approves or denies your eligibility for IHSS 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.
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:
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 California Department of Social Services (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.
You’ll need to keep all your written documentation regarding your IHSS appeal. Providing the proper documentation is the most critical component of securing protective supervision, whether at an assessment or on appeal. Administrative law judges and county social workers are required to consider the totality of the evidence, so the more supporting documentation you provide, the stronger the case.
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].