IHSS State Hearing
Published by IHSSHours.com · · Updated
🌐 Leer en Español →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 1-800-743-8525 (TDD 1-800-952-8349), mailing a written request to the State Hearings Division in Sacramento, or filing online through the CDSS State Hearings request form at cdss.ca.gov. 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 — or before the date the notice says your services will change, whichever is later — 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
A decision must be adopted and acted on within 90 days of the filing date, not the hearing date (MPP 22-060). If you disagree with the decision, you have 30 days from receiving it to request a rehearing (WIC 10960(a)). 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.
- WIC 10950 — the right to a State Hearing on a county action affecting benefits
- WIC 10951 — the 90-day filing window; good cause may extend it to 180 days
- MPP 22-060 — a decision must be adopted and acted on within 90 days of the filing date
- WIC 10960(a) — 30 days from receipt of the decision to request a rehearing
- MPP 22-072 — aid paid pending during the appeal
- WIC 10952, MPP 22-073 — the county position statement, and the claimant’s right to see the case file before the hearing
- MPP 22-085 — the county must comply with a decision in the claimant’s favor within 30 days
- CDSS State Hearings Division — 1-800-743-8525, TDD 1-800-952-8349; online requests through the CDSS request form at cdss.ca.gov
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