How to Appeal an IHSS Discontinuation Notice in California

By the Unified Savers Editorial Team

This information is based on California Welfare & Institutions Code and CDSS regulations. For case-specific advice, consult a legal aid attorney or your county IHSS ombudsman.

To appeal an IHSS discontinuation notice in California, request a state fair hearing within 10 days of the notice’s effective date by calling 1-800-952-5253 — this triggers “aid paid pending” and keeps your IHSS services running during the entire appeal process. Waiting longer than 10 days does not eliminate your right to appeal, but it may cause a gap in services. Bring the Notice of Action, supporting medical records, and a written statement from your provider to the hearing.

When California’s IHSS program issues a Notice of Action discontinuing your services, you have the legal right to appeal — and, critically, to keep receiving your current IHSS services while that appeal is pending. This protection is called “aid paid pending,” and it is one of the most powerful rights in the IHSS system. To trigger it, you must request a state fair hearing within 10 days of the notice’s effective date. Missing that window does not eliminate your right to appeal, but it does mean your services may stop while you wait for a hearing.

What an IHSS Discontinuation Notice Means

An IHSS discontinuation notice — formally called a Notice of Action (NOA) — is a written document from your county IHSS office stating that your IHSS services will end on a specific future date. Common reasons counties issue discontinuation notices include:

The recipient is determined to no longer meet IHSS eligibility criteria, often because Medi-Cal eligibility was lost or not renewed
A reassessment concluded that the recipient no longer requires the services that were previously authorized
The recipient did not respond to required communications, schedule a mandatory home visit, or complete an annual reassessment
The recipient’s living situation changed — moved to a skilled nursing facility, residential care facility, or out of California
The provider’s enrollment was terminated for compliance reasons, which can affect service delivery even though the recipient remains eligible

Important distinction: A notice that reduces your authorized hours is legally distinct from a notice that eliminates all services, but both are adverse actions that carry the same appeal rights — including aid paid pending — if you respond within the required timeframe.

Your Right to Continue Services During Appeal

California law guarantees IHSS recipients the right to keep receiving their current authorized services while an appeal is in progress, under a protection called “aid paid pending” (sometimes also referred to as “continuation of benefits pending appeal”). This is not a favor — it is a legal requirement.

How aid paid pending works:

You must request a state fair hearing within 10 days of the notice’s effective date (the date services are set to stop)
Once you request the hearing within that window, your current IHSS services must continue at their current authorized level until the hearing is decided
The county cannot reduce, modify, or stop your services during this period — even if the county believes the discontinuation is fully justified
After the hearing, if the decision goes against you, the county may in some circumstances seek recovery of the cost of services delivered during the appeal period, though this is uncommon in practice for most recipients

The 10-day deadline is your most critical action: The effective date is printed clearly on your Notice of Action. Count 10 calendar days forward from that date. If day 10 falls on a weekend or state holiday, your deadline extends to the next business day. Do not wait. Request the hearing as soon as you receive the notice — the safest action is to call the same day or the next day.

If you miss the 10-day window: You still have the right to appeal a discontinuation notice for up to 90 days from the effective date. However, you will not have aid paid pending protection — your services may stop while your hearing is pending. Request the hearing immediately regardless of timing and contact SEIU 2015 at 1-855-810-1699 for emergency support options.

How to Request a State Fair Hearing

To appeal a discontinuation notice, you request a state fair hearing from the California Department of Social Services (CDSS) State Hearings Division — not from your county. This ensures an independent review by an administrative law judge who is not part of the county system that issued the original decision.

Option 1 — Phone (fastest and most reliable):

Call the CDSS State Hearings Division at 1-800-952-5253. Tell the representative:

Your full name and mailing address
Your county and IHSS case number (printed on your Notice of Action)
That you are requesting a state fair hearing to appeal the Notice of Action dated [date]
That you are requesting aid paid pending to continue your IHSS services during the hearing process

Write down the date and time of your call and the name of the representative you spoke with. Request a confirmation number if possible.

Option 2 — Written request (certified mail):

Write a brief letter stating that you are requesting a state fair hearing and aid paid pending. Include your name, address, county, and case number. Mail it certified to:

California Department of Social Services — State Hearings Division
P.O. Box 944243
Sacramento, CA 94244-2430

Use certified mail with return receipt so you have legal proof of the date you mailed your request.

Option 3 — Through your county IHSS office:

You may also submit a written hearing request directly to your county IHSS office. However, calling CDSS directly is more reliable because it goes straight to the agency that schedules and conducts hearings.

After you request: You will receive written confirmation of your hearing request and a scheduled hearing date. Hearings are typically conducted by telephone, though in-person hearings can be requested.

Preparing for Your Fair Hearing

A state fair hearing is a formal administrative proceeding. You have the right to:

Present your own testimony about your care needs and daily functional limitations
Bring witnesses, including your IHSS provider, your physician, family members, or a social worker
Submit written evidence, including medical records, physician letters, prior IHSS assessment reports, and correspondence with the county
Have a representative speak on your behalf — this can be a family member, a trained advocate, or an attorney

The strongest evidence in IHSS discontinuation hearings typically includes:

A letter from your physician documenting your specific functional limitations and why IHSS services are medically necessary for you to remain safely at home
Written description of your daily routine and the specific tasks you cannot perform safely without assistance
Prior IHSS assessments showing a consistent pattern of authorized hours over time
Documentation of any procedural errors by the county — missed reassessment notices, failure to follow required assessment protocols, or inadequate written explanation for the discontinuation

Getting help to prepare:

SEIU 2015 (1-855-810-1699): Provides advocacy support, member assistance, and referrals for hearing preparation
Disability Rights California (disabilityrightsca.org): Provides free legal representation for IHSS recipients at fair hearings statewide
Bay Area Legal Aid, Bet Tzedek, Inner City Law Center, and regional legal aid organizations: Provide free hearing representation to income-eligible clients
Your county’s IHSS Public Authority: May have ombudsperson or advocacy resources available

What to Expect at the Hearing

The hearing is conducted by an administrative law judge (ALJ) from CDSS. The county presents its case for the discontinuation. You — or your representative — present your case for why the discontinuation should be reversed. The ALJ may ask questions of both sides.

Typical hearing format (telephone hearing):

The ALJ introduces the parties and explains the process — approximately 5 minutes
The county representative states the reasons for the discontinuation and presents their evidence
You or your representative present your case, call witnesses, and submit evidence
Both sides may ask questions
The ALJ closes the hearing — total time is typically 45–90 minutes

After the hearing: The ALJ issues a written decision — typically within 30 days of the hearing date. Possible outcomes:

Decision in your favor: Your IHSS services are reinstated or restored to their previous authorized level. The county must comply promptly. If there is a delay in restoration, contact SEIU 2015 or your legal aid organization immediately.
Decision against you: Your services end on the date specified in the decision. You have the right to petition the Superior Court for judicial review (writ of mandate), which is more complex and typically requires legal representation.

FAQ

What is the most common reason IHSS recipients win discontinuation appeals?

The most common successful argument is that the county’s discontinuation determination failed to properly account for the recipient’s documented functional limitations. A strong physician letter explaining why the recipient cannot safely perform specific daily living tasks without assistance — paired with documentation of the recipient’s daily routine — is the most effective evidence in most hearings. Administrative procedural errors by the county (missed notice requirements, inadequate written explanation) also frequently support successful appeals.

Can my IHSS provider attend the hearing with me?

Yes. Your provider can accompany you, provide testimony about your daily care needs and functional limitations, and help you prepare documentation. The provider’s firsthand account of what they assist with each day — and what would happen without that assistance — is often the most compelling evidence available.

What if I cannot understand the Notice of Action I received?

You have the right to request that the notice be explained to you in your primary language. Contact your county IHSS social worker or the CDSS IHSS helpline. Additionally, SEIU 2015 provides bilingual member services in Spanish, Tagalog, Vietnamese, Armenian, and other languages — call 1-855-810-1699 and ask for language assistance.

For more IHSS provider resources including wage guides, timesheet help, and rights information, visit UnifiedSavers.com — your trusted guide to IHSS in California.