IHSS State Hearing

If your IHSS hours were denied or reduced, you have the right to request a State Hearing — a formal proceeding before a California Administrative Law Judge (ALJ). Many people find the prospect of a State Hearing intimidating, but understanding the process makes it far more manageable.

Step 1 — Filing Your Request

You can request a State Hearing by calling 1-800-952-5253, mailing a written request to the State Hearings Division in Sacramento, or filing online through BenefitsCal.com. You must request your hearing within 90 days of your Notice of Action date. File as early as possible — the sooner you file, the sooner your hearing is scheduled.

Step 2 — Aid Paid Pending

If you file within 10 days of your Notice of Action date, you may qualify for aid paid pending — meaning your services continue at the previously authorized level while the appeal is decided. This is a critical protection, especially for recipients who depend on IHSS for daily care. Request it explicitly in your hearing request.

Step 3 — The Pre-Hearing Period

After filing, you will receive a hearing packet in the mail from the State Hearings Division. This packet includes the scheduled hearing date and time, the county's position statement and evidence, and information about your rights. Review the county's evidence carefully — you have the right to submit a written response and your own evidence before the hearing.

Step 4 — The Hearing

State Hearings are conducted by phone or video conference in most cases. An Administrative Law Judge presides. The county will be represented, typically by a social worker or county representative. You present your case, the county presents theirs, and the ALJ may ask questions of both parties. You can have a representative — such as a Disability Rights California attorney — present at no cost.

Step 5 — The Decision

The ALJ issues a written decision, typically within 90 days of the hearing. If you win, the county must implement the decision. If you lose, you can request a rehearing or seek judicial review in Superior Court.

Tips for a Successful Hearing

• Bring specific documented evidence — medical records, incident logs, physician letters
• Reference the CDSS Hourly Task Guidelines to show what hours your functional ranks support
• Be specific — general statements are less effective than specific dated examples
• Consider requesting free representation from Disability Rights California: 1-800-776-5746

Our IHSS Appeal Package includes a complete pre-filled State Hearing Request Letter, CDSS-aligned appeal narratives for each disputed service, and a prioritized evidence checklist to help you prepare.

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