When To Use An Advocate – Full Live Steamed Event

The process for obtaining IHSS benefits is straightforward and can usually be done without an advocate. We encourage all parents to go through the application/assessment process on their own. In this live streamed event, IHSS advocate, Larry Rosen discusses when it’s the right time to use an advocate for obtaining IHSS services like Protective Supervision. There is also a Q&A session near the end of the video to answer viewer questions about using an advocate.

Video Notes:

Advise on When to Use An Advocate

• Parents & caregivers are encouraged to go through the application/assessment process on their own.
• Only use an advocate if it puts you in a place that is better than where you are currently at.
• Only seek advocate help if you are denied with a Notice of Action (NOA).
• Not everyone needs to use an advocate. All cases are unique and some parents’ cases are more challenging than others.

History of IHSSadvocates, LLC

Events & personal background of Larry Rosen that lead to the inception of IHSSadvocates.

• 22 years restaurant management experience
• Taught hospitality/tourism for 8 years at Long Beach City Collage
• Masters in Business Administration from the University of Redlands
• In 2005, Larry’s was son diagnosed with autism
• Larry learned of Protective Supervision & began an extensive study of the program
• Obtained Protective Supervision for his 4 year old autistic son
• Began giving presentations about PS to other parents at local events
• Started recognizing pitfalls parents ran into while trying to obtain PS
• In 2010, IHSSadvocates, LLC was founded to help parents obtain PS for their children
• To learn more details about Larry Rosen, you can read his bio here.

Links Mentioned in The Video

• Amster Law Firm for IEP help
• IHSS Advocacy Facebook Group (Private. Only group members can see what you post/comment)

Viewer Question 1: Is there ever a time a provider would need help from an advocate?

A: Yes. If an assessment revokes an IHSS service or reduces your hours and you are struggling to get them back.

Viewer Question 2: If we lose an appeal, is it worthwhile to have a rehearing? Do rehearings overturn ALJ decisions very often?

Larry’s Observation of 2020 to present (March 2021)

• Decrease in rehearings granted.
• Increase in denials.
• Possible reasons: Judges made opinions that are contrary to policies/procedures, regulations or statues, court orders or published clarifications by CDSS.

Notes Regarding Question

• In the event that rehearing unit indicates that the matter is something that would not be granted a rehearing cause they make the finding that the judge used appropriate evidence, or there is not substantial documentation to reverse the ALJs decision.
• If you file a writ in superior court you have the opportunity to have a 3rd party that’s not affiliated with CDSS hear the matter.
• Superior Court is more formal.
• You will need to obtain an attorney.

Three Possible Outcomes of a Writ

• uphold previous ALJs decision (still denied)
• grant approval
• remanded back to administrative hearings.

Viewer Question 3: What percentage do you collect if you win an appeal?

A: IHSSadvocates charges a fee of $15,800 (as of 01/01/2023) if we win your case. After your case is won we will continue to represent you for 3 years in the event that your hours are revoked/reduced.

Why Choose IHSSadvocates

• We do not collect a fee unless we win your case
• 650+ denials overturned since 2010
• 12 years experience
• 96% success rate
• Our fee is less than 4 months of your 8 month retro payment (typical in most cases) that you won’t have unless you win your appeal.
• Typical IHSS benefits over a 3 year period can exceed $100,000. After we win your case, for 3 years, we will provide services that may be required in the event that your benefits are in jeopardy.
• Given our experience with the courts, and expertise gained over the years, we can organize and present your case to the ALJs in a fashion that is easy for them to follow. We take out all the leg work for you.

How to Get Help

If you need any assistance, you are welcome to join our support group at: IHSS Advocacy Group

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