DDS Appeals: Complete Step-by-Step Guide

DDS Appeals: Complete Step-by-Step Guide

By law, everyone in the state of California has the right to appeal a decision or action taken by the California Department of Developmental Services (“DDS”). In fact, this is a vital component to DDS’s commitment to provide individualized care to all developmentally disabled individuals living in the state. If you receive a DDS decision you disagree with, or if DDS takes any sort of action that you think is in error, you have the right to make an appeal. And if you win your appeal, the DDS will likely be required to render a different decision or take a different action. Fortunately, the appeals process is fairly straightforward. This article will walk you through the entire process, step-by-step.

Everything You Need to Know About California DDS and the Appeals Process

If you are appealing a decision related to eligibility for DDS services, this is the process you need to follow:

  1. To begin with, you will receive a Notice of Action, a Good Faith Belief Letter, or a Denial Letter. This is the formal notice of the DDS decision about your eligiblity.
  2. If you disagree with the DDS decision, you have 60 days to file an appeal with the DDS. You can do this by completing the online appeal form or by mailing or faxing the appeal to the DDS.
  3. After you file your appeal, you will be given either an informal meeting, a mediation, or a hearing. You must attend your scheduled meeting, mediation, or hearing to make your argument about why you think the DDS’s decision was wrong.
  4. Within 10 days of your meeting, mediation, or hearing, the DDS will make its final decision.
  5. if you disagree with the final decision, you have 15 days to request a reconsideration.
  6. Lastly, you can appeal the final decision in California Superior Court.

Similarly, individuals who believe their civil rights have been violated or denied by a DDS regional center or other DDS care provider must file a complaint with the DDS. From there, the Director of the local regional center will conduct an investigation and render a decision. You have 15 working days to appeal this decision. Once you file an appeal with the DDS, the DDS Director will issue a final decision within 45 calendar days. Unlike appealing an eligibility-related decision, there is no appeals process for challenging a DDS decision related to individual rights.