Appealing IHSS Hours
Published by IHSSHours.com · · Updated
🌐 Leer en Español →If the county authorizes fewer hours than you expected — or denies services entirely — you are not without options. California law gives every IHSS recipient the right to appeal any adverse determination through a State Hearing process. Many appeals succeed, especially when accompanied by strong documentation.
The noticeA Notice of Action arrivesThe county’s decision to reduce, deny or end services. Your deadlines run from this notice.
Within 10 daysKeep your current servicesAsk for a hearing within 10 days, or before the date your services change if that is later, and services being reduced or ended may continue during the appeal. This is aid paid pending.
Within 90 daysRequest a State HearingThe firm deadline. Ask by phone, by mail, online, or in person at your county IHSS office.
After you fileThe decisionA decision is due within 90 days of the day you filed.
Within 30 daysAsk for a rehearingIf you disagree with the decision, you have 30 days from receiving it to request a rehearing.
Miss the 90 days and you generally cannot appeal that decision. Up to 180 days, a judge may still accept a late request for good cause.
When the county issues a Notice of Action reducing, denying, or terminating IHSS services, you have the right to request a State Hearing through the California Department of Social Services. You must file your request within 90 days of the date on the Notice of Action.
If you request a hearing within 10 days of the notice — or before the date the notice says your services will change, whichever is later — and your services are being reduced or terminated, you may have the right to continue receiving your current level of services while the appeal is pending — known as "aid paid pending."
- Call the State Hearings Division at 1-800-743-8525 (TDD 1-800-952-8349)
- Submit a written request by mail to: California Department of Social Services, State Hearings Division, P.O. Box 944243, MS 21-37, Sacramento, CA 94244-2430
- Request in person at your county IHSS office
- Online through the CDSS State Hearings request form at cdss.ca.gov (the Appeals Case Management System). BenefitsCal is for applying for benefits, not for requesting a hearing.
The most successful appeals are those backed by specific, documented evidence that contradicts or supplements the county's findings. This includes:
- Physician letters specifically addressing the disputed tasks and ranks
- Documentation of incidents (falls, hospitalizations, unsafe behaviors) with dates
- A written description of what happens when each disputed task is attempted without assistance
- Your IHSS Hours Estimate as a structured, CDSS-aligned supporting document
- Witness statements from family members or care providers
Disability Rights California provides free legal representation for IHSS appeals. They can help you prepare your case, attend the hearing, and advocate for the hours you need. Contact them at 1-800-776-5746 or visit disabilityrightsca.org.
- WIC 10951 — a State Hearing must be requested within 90 days of the order or action; past 90 days and up to 180, an Administrative Law Judge may accept a late filing for good cause
- MPP 22-009.1 — the 90-day period runs from the date the Notice of Action is received
- MPP 22-072 — aid paid pending: services continue where the request is filed within 10 days of the notice or before the effective date of the action, whichever is later
- MPP 22-060 — a decision must be adopted and acted on within 90 days of the filing date
- WIC 10960(a) — 30 days from receiving the decision to request a rehearing
- CDSS State Hearings Division — 1-800-743-8525, TDD 1-800-952-8349; P.O. Box 944243, MS 21-37, Sacramento CA 94244-2430; online requests through the CDSS request form at cdss.ca.gov
- WIC 10952 — the county must make its position statement available before the hearing
Citations verified against the CDSS Manual of Policies and Procedures and the California Welfare and Institutions Code. Educational information, not legal advice. More on our sources and method: How we calculate estimates.
Educational information, not legal advice. Only your county can authorize IHSS services, and only after an assessment. IHSSHours.com is an independent resource and is not affiliated with CDSS or any county IHSS office. · More IHSS guides