Is It Hard to Get Approved for IHSS?

In-Home Supportive Services (IHSS) is a program in California that provides in-home care to low-income individuals who are over the age of 65 or have a disability. This includes families who are struggling financially to raise a child who has autism, Down syndrome, or another type of developmental disability. The program is designed to help individuals stay in their homes and avoid institutionalization. However, it is hard to get approved for IHSS, and sometimes individuals may be denied services. If you have been denied IHSS in California, there are steps you can take to appeal the decision.

How to Appeal IHSS

1. Review the denial notice: The first step is to review the denial notice and understand the reasons for the denial. The notice should provide specific reasons why you were denied services, such as income or asset limits. It is important to understand the reasons for the denial so that you can address them in your appeal.
2. Gather documentation: To appeal the decision, you will need to provide documentation that supports your case. This may include proof of income, medical documentation, and any other information that supports your need for IHSS services. Make sure that all documentation is current and accurate.
3. File an appeal: You have 90 days from the date of the denial notice to file an appeal. The appeal must be in writing and should include all of the documentation that supports your case. You can file your appeal with the county welfare department or the California Department of Aging.
4. Attend the fair hearing: After you file your appeal, you will be scheduled for a fair hearing. This is an opportunity for you to present your case to an administrative law judge. You have the right to have an attorney represent you at the hearing, but you can also represent yourself. At the hearing, the judge will consider all the evidence and make a decision about whether or not to approve your IHSS services.
5. Seek legal assistance: If you are denied IHSS services after the fair hearing, you can seek legal assistance. An attorney can help you understand your rights and determine if there are any other legal options available.
6. Reapply: If you are denied IHSS services, you can always reapply. Just because you were denied services once, it does not mean you will be denied services in the future. You can reapply at any time if your circumstances change.

It's worth noting that the process of appealing a denied IHSS can take some time and can be overwhelming for some people. Furthermore, you may be denied services for reasons that are not related to your qualifications for the program, such as budget constraints or staff shortages. In this case, reaching out to your local State Assembly members or Senator's office can be helpful to try and advocate for the program and your case.

In conclusion, if you have been denied IHSS in California, do not give up hope. There are steps you can take to appeal the decision and secure the services you need to stay in your home. Remember to gather all the necessary documentation and seek legal assistance if needed. With the right support, you can navigate the appeals process and obtain the services you need to maintain your independence.

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].