Aid Paid Pending
Published by IHSSHours.com · · Updated
🌐 Leer en Español →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, or before the date the notice says your services will change — whichever is later. That second half matters. IHSS reductions require advance notice, so the effective date on the notice is usually the later of the two, and people who assume the 10 days is an absolute cut-off give up a protection they still had. Read the notice for the date your services are set to change, and work from that.
Missing the aid-paid-pending window does not end your appeal. You still have 90 days from the notice to request a hearing (MPP 22-009.1, WIC 10951) — and beyond 90 days, up to 180, an ALJ may accept a late filing for good cause. What you lose is only the continuation of services while you wait.
How to Request It
When you request your State Hearing — by calling 1-800-743-8525 (TDD 1-800-952-8349), 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 1-800-743-8525 (TDD 1-800-952-8349) 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.
- MPP 22-072.5 — aid paid pending where the hearing is requested before the effective date of the action, in cases requiring timely 10-day notice
- MPP 22-072.1 and 22-072.2 — the 10-day rule, and the alternative where timely notice was not required
- MPP 22-009.1, WIC 10951 — the 90-day filing window, extendable to 180 days for good cause
- MPP 22-071 — the requirement that a county give timely notice before reducing or terminating services
- MPP 22-077 — overpayment recovery where the claimant does not prevail at hearing
- CDSS State Hearings Division — 1-800-743-8525, TDD 1-800-952-8349
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