How to Appeal if You are Denied IHSS

If you’ve applied for In-Home Supportive Services (IHSS) and received a denial, don’t panic—you have the right to appeal. Many applicants are initially denied IHSS but successfully win their case through the appeal process. This guide will walk you through how to challenge an IHSS denial and improve your chances of getting the support you need.

Step 1: Understand Why You Were Denied IHSS

The first step is to review the Notice of Action (NOA) you received from IHSS. This letter explains why your application was denied. Common reasons for being denied IHSS include:

• Not meeting the eligibility criteria (such as income or medical necessity)
• Insufficient documentation proving the need for services
• A county social worker determining that you don’t require assistance with daily activities

Understanding the reason for denial will help you address the issue in your appeal.

Step 2: Request a Fair Hearing

If you disagree with the decision, you can file an appeal by requesting a State Fair Hearing. You must do this within 90 days of receiving your NOA. The fastest ways to request a hearing are:

• Calling 1-800-952-5253 (or 1-800-952-8349 for TTY users)
• Filling out the back of your NOA and mailing it to the address provided
• Submitting a request online via the CDSS website

Once your request is received, you’ll get a hearing date where you can present your case.

Step 3: Gather Strong Evidence if You are Denied IHSS

To strengthen your appeal, collect evidence that supports your need for IHSS. This may include:

• Medical records from your doctor stating why you need assistance
• A doctor’s letter explaining your condition and why IHSS is necessary
• Statements from caregivers, family, or friends about your daily struggles
• Photos/videos showing any physical limitations you have

The more evidence you provide, the better your chances of overturning the denial.

Step 4: Prepare for the Hearing

Your hearing will be held by phone, video, or in person, and you’ll need to explain why you believe you qualify for IHSS. Be ready to:

• Explain your condition and daily challenges clearly
• Submit your documents before the hearing date
• Bring witnesses (such as doctors, caregivers, or family members)

The judge will listen to both you and the county IHSS representative before making a decision.

Step 5: What Happens After the Hearing?

After the hearing, you’ll receive a written decision in the mail. If you win, IHSS must provide the services awarded in your case. If you lose, you can:

• Request a rehearing if new evidence is available
• File for a Writ of Mandamus in Superior Court (a more complex legal option)

Many people win their appeals, so don’t get discouraged if your initial application was denied.

Need help? In California, the In-Home Supportive Services (IHSS) program provides crucial financial help for families raising children with special needs. 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 regarding your best interests.

CONTACT US FOR HELP. Dial (877) 762-0702 or email us at [email protected].