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California Disability Rights IHSS Services

IHSS stands for In-Home Supportive Services. IHSS provides services toadults and children with developmental disabilities who live in thecommunity 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, preparationof food, laundry, meal cleanup, menu planning, and restaurant mealallowance.-Other services such as heavy cleaning, protective supervision, respitecare, 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.htmFor those who are trying to receive benefits for IHSS, a denial can bestressful.The process for challenging a denial can be daunting because there aretimelines and a hearing involved. The matter can also involve the courts. Ifyou are denied IHSS, here is a little bit of information you should know. Todetermine whether you should file an appeal you should ask the question: Isthe county decision appropriate, and are there laws and medical records tosupport the appeal? If the person is already receiving IHSS services, filethe request for appeal during the 10 calendar days BEFORE the Notice ofAction is effective. The benefits will not change until there is a hearingand a decision is issued. A request for hearing MUST be filed within 90calendar days after the date of the county action or inaction. A writtenrequest for a rehearing must be filed within 30 calendar days of receiptafter the decision is received. A request for a state hearing may be writtenor oral and there is a request form on the back of the Notice of Action. Therequest for a state hearing should include: the aid program involved (i.e.,IHSS), the reason for the disagreement with the county action, if aninterpreter is needed and what kind, and a copy of the applicable Notice ofAction. The IHSS denial challenge process can be very complicated involvingwitnesses and evidence. Also, since an appeal to a court of competentjurisdiction is involved, it is critical that your initial appeal of denialbe based on solid evidence. If you believe you require an IHSS appeal of adenial or, you are appealing a final decision of an appeal and are preparedto appeal to a court of competent jurisdiction, you should consider hiringan attorney.

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