IHSS Fair Hearing Process
Everything you need to know about requesting and preparing for your State fair hearing.
How to Request a Fair Hearing
You can request a State fair hearing three ways: online through the California Department of Social Services website, by phone at 1-800-952-5253, or by mail. You must file within 90 days of receiving your Notice of Action.
You have exactly 90 days from the date you receive your Notice of Action to request a hearing. If you file BEFORE the effective date of the county's action AND request aid-paid-pending, your current services will continue while your appeal is processed.
Aid-Paid-Pending: Keep Your Current Services
Aid-paid-pending is your right to continue receiving your current IHSS services at the same level while your appeal is being processed. You must request it when you file your hearing request, and you must file BEFORE the effective date on your Notice of Action. This is critical — waiting too long means losing your services during the appeal.
What to Expect at Your Hearing
Your hearing will be conducted by an Administrative Law Judge (ALJ) from the California Department of Social Services. The hearing may be held in person, by phone, or by video. You'll have the opportunity to present evidence, call witnesses, and make arguments for why the county's decision should be overturned.
Having a Representative at Your Hearing
You have the right to be represented at your hearing. We serve as your authorized representative — preparing your case, organizing evidence, and presenting arguments on your behalf. To authorize us, you'll need to complete a DPA 19 form.
DPA 19 vs SOC 839
The DPA 19 authorizes someone to represent you at a State fair hearing. The SOC 839 authorizes someone to interact with the county IHSS office on your behalf. You may need both forms depending on your situation.
Hearing Preparation Checklist
We serve as your authorized representative at State fair hearings. For cases that may proceed to Superior Court or require formal legal representation, we connect you with qualified disability and elder law attorneys in your area.
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