Aid Paid Pending

One of the most important protections for IHSS recipients facing a reduction or denial is a provision called "aid paid pending." If you act quickly after receiving your Notice of Action, you may be entitled to continue receiving your current IHSS services at the existing level while your appeal is being decided — even if that takes several months.

What Is Aid Paid Pending?

Aid paid pending is a California welfare law protection that prevents the county from implementing a reduction, denial, or termination of benefits while an appeal is pending — provided the recipient files their State Hearing request within a specific window. It ensures that the status quo is maintained while your case is heard.

The 10-Day Rule

To qualify for aid paid pending, you must request your State Hearing within 10 days of the date on your Notice of Action. This is a hard deadline. If you miss the 10-day window, you can still appeal within 90 days — but you will not be entitled to aid paid pending, meaning your services may be reduced or terminated while you wait for your hearing.

How to Request It

When you request your State Hearing — by calling 1-800-952-5253, mailing a written request, or filing online — explicitly state that you are requesting aid paid pending. Include the phrase "I request that services continue at the current authorized level pending the outcome of this hearing" in your request. If you use our Appeal Package, the State Hearing Request Letter includes this language automatically.

If the County Reduces Your Services Anyway

If you have requested aid paid pending and the county reduces or terminates your services, contact the State Hearings Division immediately at 1-800-952-5253 and report that your aid paid pending rights are being violated. You may also contact Disability Rights California at 1-800-776-5746 for immediate assistance.

What Happens If You Lose the Appeal?

If you received aid paid pending and ultimately lose the State Hearing, the county may seek repayment of the services provided during the pending period. However, counties rarely pursue repayment in practice, particularly when the appeal was filed in good faith. Consult with Disability Rights California if you are concerned about repayment.

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