If you have recently been assessed by an IHSS social worker, and feel that the hours that were awarded to you are not enough, you have the right to challenge the county’s decision by requesting a fair hearing. Below are a few suggestions to help you get through the fair hearing process.
I. Requesting a Fair Hearing:
If you are requesting a fair hearing because you feel you were not awarded enough hours of service, you should file your request within 90 days of the effective date listed on your Notice of Action (NOA). However, if your appeal is based on a reduction of IHSS hours or a loss of benefits, you should request a hearing before the NOA’s effective date, and should request “Aid Paid Pending”. This will allow you to continue receiving services while the case is being reviewed. Even if you lose your appeal, you will not have to pay for any services you received while your case was being decided. (This could take several months.)
Hearings can be requested verbally or in writing. To request a hearing verbally, call 800-952-5253 or TDD: 800-952-8349. To request a hearing in writing, complete the form on the back of your NOA and fax it to 916-229-4110, or send it by registered mail to either the address on the NOA or to:
California Department of Social Services – State Hearing Division
PO Box 944243, Mail Station 19-37
Sacramento, CA 94244-2430
Be sure to keep copies of any documents that you submit, including both sides of the NOA.
Know why you are filing an appeal
You do not have to give a specific reason for your appeal when you first request a hearing, but should state that you disagree with the county’s decision. However, during the hearing you will need to explain to the judge why you disagree. Examples of why you might appeal include
- You feel your needs have been underestimated by your social worker
- You have special needs that require additional time for certain services
II. Preparing for the Fair Hearing:
When preparing for your hearing, you should gather any documentation that will be helpful to your case including
- Doctors’ statements explaining your conditions and physical limitations
- A copy of your last two county assessments and SOC 293 forms*
- Copies of any paramedical forms or doctor’s reports that are in the your case file*
- A copy of the county’s Position Statement*
*You will be sent a notice with the name and contact information of the county appeals representative assigned to your case. All county documents related to your case can be obtained from this individual.
You may also bring to the hearing any evidence or witnesses to prove your need for services including
- Current or past providers who can testify about how much time is required toperform certain tasks
- A time-for-task schedule that shows how long it takes your provider to perform certain tasks
- A worksheet that describes your ability to complete tasks on your own
III. The Hearing Process:
The appeals representative may try to resolve the dispute before the hearing and may ask you to consider a “conditional withdrawal” so that a new assessment can be done. If you agree, you still have the right to have the hearing re-scheduled if you are not satisfied with the results.
After the hearing, the judge will render a decision that will become effective immediately. If you disagree with the decision, you can request a rehearing by following the instructions on the State Hearing Decision papers.
For additional information on the fair hearing process, visit the Disability Rights California website at www.disabilityrightsca.org and download a copy of the IHSS Fair Hearing and Self-Assessment Packet.