California Disability Rights IHSS Services

IHSS stands for In-Home Supportive Services. IHSS provides services to
adults and children with developmental disabilities who live in the
community in their own or family homes.

Some services provided by IHSS are:
-Personal care, which includes assistance with walking or moving around,
bathing, bowel or bladder care, dressing, feeding, grooming, menstrual care,
repositioning and skin care.
-Domestic Services, which includes cleaning, chores, shopping, preparation
of food, laundry, meal cleanup, menu planning, and restaurant meal
allowance.
-Other services such as heavy cleaning, protective supervision, respite
care, teaching and demonstration, transportation, and yard hazard abatement.

If you want to know if you are eligible visit:
http://www.dss.cahwnet.gov/cdssweb/PG135.htm

For those who are trying to receive benefits for IHSS, a denial can be
stressful.

The process for challenging a denial can be daunting because there are
timelines and a hearing involved. The matter can also involve the courts. If
you are denied IHSS, here is a little bit of information you should know. To
determine whether you should file an appeal you should ask the question: Is
the county decision appropriate, and are there laws and medical records to
support the appeal? If the person is already receiving IHSS services, file
the request for appeal during the 10 calendar days BEFORE the Notice of
Action is effective. The benefits will not change until there is a hearing
and a decision is issued. A request for hearing MUST be filed within 90
calendar days after the date of the county action or inaction. A written
request for a rehearing must be filed within 30 calendar days of receipt
after the decision is received. A request for a state hearing may be written
or oral and there is a request form on the back of the Notice of Action. The
request for a state hearing should include: the aid program involved (i.e.,
IHSS), the reason for the disagreement with the county action, if an
interpreter is needed and what kind, and a copy of the applicable Notice of
Action.

The IHSS denial challenge process can be very complicated involving
witnesses and evidence. Also, since an appeal to a court of competent
jurisdiction is involved, it is critical that your initial appeal of denial
be based on solid evidence. If you believe you require an IHSS appeal of a
denial or, you are appealing a final decision of an appeal and are prepared
to appeal to a court of competent jurisdiction, you should consider hiring
an attorney.

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