The guidance CDSS offers for this requirement is to consider whether the applicant retains the physical ability to put him/herself at risk of harm. The county can request employment verification but cannot require the In-Home Supportive Services, commonly referred to as IHSS, is a statewide program administered by each county under the direction of the California Department Need more supervision than a minor of comparable age who is not mentally impaired or mentally ill. For friendly visiting or other social activities; When the need is caused by a medical condition and the form of the supervision required is medical; For example, an applicant with diabetes is not eligible for protective supervision to help when the applicant has an episode of hypoglycemia; To prevent or control anti-social or aggressive behavior directed toward others; For example, hitting ones siblings or peers. If you have been denied protective supervision based on not meeting CDSS nonself-directing requirement, then you should contact a qualified representative to discuss an appeal. ), Legal Services of Northern California WebWhat is IHSS Protective Supervision? IHSS AssessmentIHSS AppealRehearing RequestState Court ReviewOther, Please attach any documentation (e.g. We offer full engineering support and work with the best and most updated software programs for design SolidWorks and Mastercam. Webo When assessing a child for protective supervision, the Social Worker will counsel the care provider that specialized parenting classes are available that teach the parent Furnel, Inc. has been successfully implementing this policy through honesty, integrity, and continuous improvement. When an applicant deliberately intends to harm him/herself. At Furnel, Inc. we understand that your projects deserve significant time and dedication to meet our highest standard of quality and commitment. How do I appeal the countys denial of Protective Supervision? Children usually are not eligible for IHSS domestic chores, 1.5 hours if you have to use a laundromat. Note: You can request to transfer IHSS hours to the workplace but you cannot request additional hours specifically for use at the workplace. In some cases, the county misinterprets the law or facts. #H8Z f,##H 3Ny You must live in your own home which could be an apartment, a house or another persons home. IHSS and WPCS Provider Workweek Exemptions Become Law in 2017 As of July 1, 2017, there are now two IHSS exemptions which are codified in California state Nyem Hauv qab rau ib daim ntawv uas muaj downloadable puv nkaus. IHSS Service Desk for Providers and Recipients The decision is inconsistent with the law; The decision is not supported by the evidence in the record; The decision is not supported by the findings; The decision does not address all of the claims or issues raised by the parties; The decision does not address all of the claims or issues supported by the record or evidence; The decision does not set forth sufficient information to determine the basis for its legal conclusion; Newly discovered evidence, that was not in custody or available to the party requesting rehearing at the time of the hearing, is now available and the new evidence, had it been introduced, could have changed the outcome; and. If the applicant is a minor, review past IEPs. While a variety of benefits are available, the most important for families of children with special needs is Protective Supervision. WebIHSS Providers: How to Become an IHSS Provider How to Appeal if You are Denied IHSS Provider Resources IHSS Timesheet Issues/Questions: IHSS Service Desk for This form is to be completed by the IHSS recipients doctor. Protective supervision is a program under In-Home Supportive Services (IHSS) that provides support to California residents with a mental impairment or illness so they can live safely at home. For additional resources, go to IHSS Recipient/Consumer Resources. Disabled children are also potentially eligible for IHSS.IHSS is considered an alternative to out-of-home care, such as nursing homes or board and care facilities. As a result, this particular dangerous behavior might not qualify for protective supervision, because it likely does not require 24-hour-a day oversight. What documentation do I need for Protective Supervision? 2) Protective Supervision Sample Doctors Letter. Protective supervision is an IHSS service for people who, due to a mental impairment or mental illness, need to be observed 24 hours per day to protect them from injuries, hazards or accidents. Upon receipt, the State Hearings Division must grant or deny your rehearing request within 35 working days. WebMake a list of examples of how the child places himself in danger. Your caseworker may approve those 20 hours, but if that happens, you will only get 60 hours of IHSS at home. The court agrees with you that the administrative law judge made some kind of error, but determines that there is not enough evidence for the court to decide the issue and sends (remands) the case back to CDSS for a rehearing. In that situation, the family Make sure that your daily log shows that the dangerous behaviors can occur at any time of day or night. hours per week. IHSS providers meeting certain requirements may apply for a workweek exemption, allowing them to work more hours. For example, if a child repetitively touches a hot stove, it would likely be considered a dangerous behavior. Therefore, it is a bit confusing and repetitive for CDSS to include an additional requirement that the individual must be likely to engage in potentially dangerous activities. Los Angeles, CA 90035, Identify your relationship to the applicant: An IHSS provider may be paid to watch a child who has special needs to prevent injuries or accidents, when that child needs 24-hour supervision so he can remain safely at home. Counties conduct reassessments annually, although you can request a reassessment at any time. You should provide any other documentation, including evaluations and reports, that show that the applicant engages in dangerous behavior or has difficulty assessing potentially harmful situations. After you submit your application for protective supervision, your county IHSS office will contact you to schedule an assessment. Get supporting statements from anyone who looks after your child as well. What happens at the assessment for Protective Supervision? P.O. 2022 Legislation Affecting Persons with Disabilities, New Rules for IHSS: Elimination of Proration of Protective Supervision Services, Special Education Rights & Responsibilities Manual (SERR), Rights Under The Lanterman Act Manual (RULA), https://www.disabilityrightsca.org/publications/recent-changes-to-in-home-supportive-services-ihss-and-waiver-personal-care-services, https://www.disabilityrightsca.org/publications/lump-sum-payments-and-medi-cal-eligibility, https://www.disabilityrightsca.org/publications/lump-sum-payments-and-ssi-eligibility, https://www.dhcs.ca.gov/services/medi-cal/Pages/CountyOffices.aspx, https://www.cdss.ca.gov/Portals/9/Additional-Resources/Letters-and-Noti, http://www.cdss.ca.gov/lettersnotices/entres/getinfo/acl/2016/16-07.pdf, who received the payment and for how much, that the money is owed for retroactive IHSS provider wages, paid pursuant to ACL 20-111. why the payment is exempt (if applicable), such as. Also, make sure to highlight any behavior and safety concerns. Protective Supervision shall not be authorizedwhen the need is caused by a medical condition and the form of the supervision required is medical. to be a paid IHSS provider for the child. Do not mail in this form or drop it off at the doctors office. considered to have left employment to care for their child and is ineligible to You can also request a postponement due to sudden and unexpected emergencies, among other reasons. The In-Home Supportive Services (IHSS) program will help pay for services provided to you so that you can remain safely in your own home.To be eligible, you must be over 65 years of age, disabled, or blind. On the other hand, a person who is confined to bed may still have the physical ability to pull at his/her gastrostomy tube, which would be dangerous and require protective supervision. It is intended to help individuals understand their rights and responsibilities in the In-Home Supportive Services (IHSS) program. WebIn-Home Supportive Services (IHSS) IHSS paperwork can be mailed, faxed or emailed to the following: Mail: 101 Cirby Hills Drive, Roseville CA 95678 Fax: 916-787-8922 or 530-886-3690 Email IHSS@placer.ca.gov or PublicAuthority@placer.ca.gov Current COVID Information for IHSS Recipients & Providers COVID Information and Forms IHSS Typically, nonself-directing refers to a persons inability to make decisions without external control. Sacramento, CA 94244-2430. A parent living with their minor recipient child is I am interested in your help with: of ongoing medical, dental or other health-related treatment; or 5) when the Protective supervision is an IHSS service for people who, due to a mental impairment or mental illness, need to be observed 24 hours per day to protect What happens at the hearing for Protective Supervision? Timesheets and other payroll forms received/submitted between December 28th to January 1st will be processed beginning Monday, January 2, 2023 due to end of year processing. WebThe IHSS Plus Option (IPO) Program is for people who get services from a spouse or parent (for people under age 18), or who get restaurant meal allowance or advance pay. If parents are out of the house working, school, training. The Personal Care Services Program (PCSP) began in April 1993, and was the first IHSS program to obtain federal funding for recipients. explain why you did not provide it for the hearing; explain why you think the new evidence would change the decision; and, submit a copy of the new evidence, if possible. The method of payment for retroactive benefits may vary by county. The case cannot be terminated if the county Please contact DRC at (800) 776-5746 if you have any questions about the elimination of IHSS protective supervision proration. siblings, which allows IHSS services from a non-parent provider for up to 8 Recipients of IHSS protective supervision services whose hours were prorated may receive a retroactive benefits payment once their hours are adjusted for services provided after July 1, 2020. However, a non-parent provider cannot be paid - This form is to be completed by the IHSS recipients doctor. Nhp vo lin kt di y c phin bn ti v y . IHSS Protective Supervision consists of closely watching your childs behavior and intervening as appropriate to safeguard him or her against injury, hazard, or accident. Keep in mind that you have one year from the date of the decision to seek court review. If a parent is not employed full time for a Provider Fraud and Elder Abuse complaint line: If there are any discrepancies or inaccurate information in the documentation, you should seek to get the documents corrected prior to submitting them to the county social worker, county hearing representative, or administrative law judge. IHSS. However, adoptive parents are subject to the IHSS parent provider rules because they have a legal duty to care for the child upon adoption. Determining whether a parent can be a paid IHSS provider and/or hire a non-parent provider is a separate and distinct inquiry from whether the child is eligible for IHSS. How to Secure Protective Supervision - A Complete Guide, Cmo Obtener IHSS Protective Supervision - Una Gua Completa, Copyright 2021 IHSS Law Office of James Diskint. The judge will ask all parties to swear, under oath, that their testimony will be truthful. Tips for Using Adobe PDF Files, Notice of Action Documents(used by county governments), Copyright 2023 California Department of Social Services, NA Back9 (5/22) - Your Hearing Rights (Full Rights Are Listed in CDSS PUB 412), NA Description Of Services L (3/15) - Description Of services, NA IHSS Back L (3/15) - Your Hearing Rights, NA 200 (12/20) - Notice Of Action - Multipurpose - Include Budget, NA 200 (7/21) - Notice Of Action - Multipurpose - Include Budget, NA 210 (5/20) - Discontinue, Suspend Financial Eligibility, NA 213 (10/21) - Deny - Financial Eligibility, NA 213A (12/20) Notice Of Action Deny Financial Eligibility, NA 213A (7/21) Notice Of Action Deny Financial Eligibility, NA 214 (4/00) - Discontinue, Suspend Transfer of Property, NA 215 (1/00) - Continuation Page, Sponsor Non Citizens Deemed Income, NA 216 (11/99) - Sponsored Non Citizens Property, NA 271 (12/20) - Notice Of Action - Continuation Page - Family Income Computations - Cash Aid, NA 271 (7/21) - Notice Of Action - Continuation Page - Family Income Computations - Cash Aid, NA 274 (4/99) - Continuation Page Overpayment Computations (prior to 10-1-89), NA 274B (4/99) - Continuation Page Overpayment Computations (for 10/1/89 to 8/31/91), NA 274C (4/99) - Continuation Page - Overpayment Computations (for 9/1/91 to 8/31/95), NA 274D (1/00) - Continuation Page - Overpayment Computations (Ortega 9/1/95 to 12/31/97), NA 274E (6/11) - Notice Of Action Overpayment Computations For 1-1-98 to 6-30-2011, NA 274F (6/11) - Notice Of Action - Overpayment Amount Owed (For Overpayments Occurring On Or After 7/1/2011), NA 274G (7/19) - Notice Of Action - Continuation Page - Overpayment ComputationsOccurringOn Or After10/1/2013, NA 274H (12/20) - Notice Of Action - Continuation Page - Overpayment Computations Between 6/1/2020 and 05/31/2021, NA 274I (7/21) - Notice Of Action - Continued - Overpayment Amount Owed For Overpayments Occurring Between 6-1-2021 and 5-31-2022, NA 274J (7/21)-Notice of Action Continued - Overpayment Amount Owed For Overpayments Occurring On or after 6-1-2022, NA 275 (4/99) - Continuation Page - Overpayment Adjustment Computation - Cash Aid, NA 277 (1/00) - Continuation Page Optional Persons Transfer of Property, NA 278 (1/00) - Discontinue/Suspend Optional Persons Transfer of Property, NA 279 (1/00) - Excess Property (with Good Faith), NA 280 (1/00) - Excess Property (w/o Good Faith), NA 281 (6/11) - Notice Of Action - Underpayment Amount Owed (For Underpayments Occurring on or After 1-1-98 thru 6-30-2011), NA 281A (6/11) - Notice Of Action Underpayment Amount Owed (For Underpayments Occurring On Or After 7/1/2011), NA 281B (5/13) - Notice Of Action Continuation Page - Underpayment Computations On Or After 10/1/2, NA 281C (7/19) - Notice Of Action - Continuation Page - Underpayment Computations Occurring On Or After 6/1/2020, NA 281C (12/20) - Notice Of Action Continuation Page - Underpayment Amount Owed (For Underpayments Occurring Between 6-1-2020 and 5-31-2021), NA 281D (7/21) - Notice Of Action (Continued) Underpayment Amount Owed (For Underpayments Occurring Between 6-1-2021 and 5-31-2022), NA 281E(7/21) - Notice Of Action (Continued) Underpayment Amount Owed (For Underpayments Occurring On Or After 6-1-2022), NA 290 (2/14) -Notice Of Action - Multipurpose, NA 300 (7/19) - Notice Of Action - Continuation Page - Recipient Financial Eligibility Test, NA 300 (10/21) - Notice Of Action - Continuation Page - RecipientFinancial Eligibility Tests, NA 301 (10/21) - Continuation Page - Applicant Financial Eligibility Test, NA 403 (1/22)- Notice Of Action - For Resource Families, Including Homes Certified By AFoster Family Agency, County Approved Relative Homes, Non-Relative Extended Family Members, Foster Family Homes, Non-Related Legal Guardians, Intensive Treatment Foster Care and/or Intensive Services Foster Care, Group Homes and Short-Term Residential Therapeutic Programs, NA 403A (4/17) - Notice Of Action Approval, Change Or Discontinued For Kinship - Guardians Only, NA 421 (6/21) Assistance Dog Special Allowance (ADSA) - Notice Of Action - Approval, NA 422 (11/21) - Assistance Dog Special Allowance (ADSA), NA 422L (1/22) -Assistance Dog Special Allowance (ADSA) Notice of Action Denial, NA 530 (4/11) - Notice Of Action -48-Month Time Limit, NA 530 (4/21) - Notice Of Action - 60-Month Time Limit, NA 531 (12/20) - Notice Of Action - Continuation Page-48-Month Time Limit- Includes Budget, NA 531 (4/21) - Notice Of Action - Continuation Page - 60-Month Time Limit - Includes Budget, NA 531 (7/21) - Notice Of Action - Continuation Page - 60-Month Time Limit - Includes Budget, NA 532 (7/19) - Notice Of Action - Continuation Page - 48-Month Time Limit Discontinue, NA 532 (12/20) - Notice Of Action - Continuation Page - 48-Month Time Limit Discontinue - Includes Budget, NA 532 (4/21) - Notice Of Action - Continuation Page - 60-Month Time Limit Discontinue - Includes Budget, NA 532 (11/21) - Notice Of Action- Continuation Page - 60-Month Time Limit Discontinue - Includes Budget, NA 691 (3/18) - Notice Of Denial - Cash Assistance Program For Immigrants (CAPI), NA 692 (12/17) - Notice Of Change - Cash Assistance Program For Immigrants (CAPI), NA 693 (9/22) - Notice Of Approval - Cash Assistance Program For Immigrants (CAPI), NA 791 (9/18) - Notice Of Action - Approval/Denial/Change, NA 816 (3/14) - Notice Of Action - Sanction Of Other Parent After Failed Compliance Plan, NA 817 (3/14) - Notice Of Action - Sanction Of Participant After Failed Compliance Plan, NA 818 (3/14) - Notice Of Action - Taking You Out Of Welfare To Work, NA 820 (1/01) - Notice Of Action - Transportation Approval, NA 821 (1/01) - Notice Of Action - Transportation Approval/Denial, NA 822 (7/16) - Notice Of Action - Transportation Change, NA 823 (8/00) - Notice Of Action - Ancillary Expenses Approval/Denial, NA 825 (8/00) - Notice Of Action - Payment Adjust Transportation, NA 827 (7/99) - Notice Of Action - Recoupment Unused Advance Payment, NA 828 (7/99) - Notice Of Action - Transportation And Ancillary Exp Overpayment, NA 832 (3/20) - Notice of Action - Child Care Services, NA 833 (4/20) - Notice of Action - Child Care Services Change, NA 834 (3/20) - Notice of Action - Child Care Services Denial, NA 835 (3/20) - Notice of Action - Child Care Services Discontinuance, NA 840 (3/14) - Notice Of Action - Welfare To Work Plan, NA 840A (10/03) - Notice Of Action - Determination Of Good Cause/No Good Cause, NA 841 (3/14) - Notice Of Action - Welfare-To-Work Plan, NA 843 (6/99) - Notice Of Action - Ineligible, NA 844 (8/99) - Notice Of Action - Adequate Progress, NA 845 (3/14) - Notice Of Action - Sanction and Removal Of The Other Parent's Needs, NA 960X SAR (9/13) - Notice Of Action - Stop Aid;Report Not Received, NA 960Y SAR (10/14) - Notice Of Action - Stop Aid;Report Incomplete, NA 991 (10/03) - Notice Of Action - Refugee Cash Assistance (RCA)/Entrant Cash Assistance (ECA) MC-Decrease/Expiration (Time-Expiration), NA 992 (5/03) - Refugee Cash Assistance (RCA) Application Approval, NA 994 (11/00) - Food Stamp Notice Of Discontinuance (Failure to Meet Non-Assistance CFAP Work Requirement (Violation Prior To Three Consecutive Month Grace Period), NA 995 (5/13) - Food Stamp Notice of Denial/Disqualification For The California Food Assistance Program, NA 996 (11/00) - Food Stamp Notice Of Discontinuance (Failure to Meet Non-Assistance CFAP Work Rule (Violation After Receipt Of Three Consecutive Month Grace Period, NA 1209 (2/02) - Notice Of Action - Change In The Amount Of Kin-Gap Payment, NA 1210 (4/02) - Notice Of Action - Discontinue, NA 1211 (2/00) - Notice Of Action - Denial, NA 1212 (2/00) - Notice Of Action - Discontinue Property, NA 1213 (2/00) - Notice Of Action - Discontinue Restricted Account, NA 1214 (2/00) - Notice Of Action - Change Under/Overpayment, NA 1217 (9/22) - Notice Of Action - Cash Assistance Program For Immigrants - Notice of Overpayment, NA 1218 (9/22) - Notice Of Action - Cash Assistance Program For Immigrants - Notice Of Underpayment, NA 1230 (9/22) - Cash Assistance Program for Immigrants Notice of Overpayment - Waiver Approval, NA 1231 (9/22) - Cash Assistance Program for Immigrants Notice of Overpayment - Partial Waiver Approval, NA 1232 (2/21) - Cash Assistance Program for Immigrants Notice of Overpayment - Waiver Denial, NA 1233 (3/02) - Notice Of Action - Multipurpose, NA 1239 AR (12/20) - Notice Of Action - Continuation Page - Annual Reporting Budget, NA 1239 AR (8/21) - Notice Of Action - Continuation Page - Annual Reporting Budget, NA 1239 SAR (12/20) - Notice Of Action - Continuation Page - Semi-Annual Reporting Budget, NA 1239 SAR (8/21) - Notice Of Action - Continuation Page - Semi-Annual Reporting Budget, NA 1240 (4/13) -Notice Of Action - Food Stamp Overissuance & Dormant EBT Account, NA 1250 (11/12) - Notice Of Action In-Home Supportive Services (IHSS) Approval, NA 1250L (3/15) - Notice Of Action In-Home Supportive Services (IHSS) Approval, NA 1251 (5/09) -Notice Of Action In-Home Supportive Services (IHSS) Approval Continuation, NA 1251L (3/15) - Notice Of Action In-Home Supportive Services (IHSS) Approval Continuation, NA 1252 (5/09) - Notice Of Action In-Home Supportive Services (IHSS) Denial, NA 1252L (3/15) - Notice Of Action In-Home Supportive Services (IHSS) Denial, NA 1253 (11/12) - Notice Of Action In-Home Supportive Services (IHSS) Change, NA 1253L (3/15) - Notice Of Action In-Home Supportive Services (IHSS) Change, NA 1254 (5/09) - Notice Of Action In-Home Supportive Services (IHSS) Change Continuation, NA 1254L (3/15) - Notice Of Action In-Home Supportive Services (IHSS) Change Continuation, NA 1255 (5/09) - Notice Of Action In-Home Supportive Services (IHSS) Termination, NA 1255L (3/15) - Notice Of Action In-Home Supportive Services (IHSS) Termination, NA 1256 (5/09) - Notice Of Action In-Home Supportive Services (IHSS) Share Of Cost, NA 1256L (3/15) - Notice Of Action In-Home Supportive Services (IHSS) Share Of Cost, NA 1257 (5/09) - Notice Of Action In-Home Supportive Services (IHSS) Multi, NA 1257L (3/15) - Notice Of Action In-Home Supportive Services (IHSS) Multi, NA 1261 (1/16) - Notice Of Action - Form and Instructions - For Group Homes, Short-Term Residential Treatment Centers, Foster Family Agencies, Transitional Housing Placement-Plus Foster Care and Transitional Housing Placement Program, NA 1261A (3/20) - Notice Of Action For Approved Relatives, Non-Relative Extended Family Members, Foster Family Homes, Non-Related Legal Guardians or Non-Minor Dependents Residing In A Supervised Independent Living Setting, NA 1261B (1/16) - Notice Of Action - Form And Instructions - For Kinship-Guardians Only, NA 1263 (8/11) - Notice Of Action - Overissuance Budget Worksheet, NA 1267 (4/13) - CalFresh Informing Notice Of Receiving Intercounty Transfer, NA 1268 (4/13) - CalFresh Informing Notice Of Sending Intercounty Transfer, NA 1269 (11/11) - Notice Of Action - Approve Non-Minor Dependent, NA 1270 (11/11) - Notice Of Action - Discontinue Non-Minor Dependent, NA 1271 (5/14) - Notice Of Action - Denial Of Home Assessment/Approval, NA 1273 (7/13) - Electronic Notification Agreement, NA 1274 (7/13) - Electronic Notification Notice, NA 1275 (7/13) - Electronic Notification Cancellation Notice, NA 1276 (1/15) - Notice Of Action - Welfare-to-Work 24-Month Time Clock Limit Notice, NA 1277 (1/16) - Notice Of Action - Approved Relative Caregiver (ARC) Overpayment, NA 1278 (11/16) - Notice Of Action - Approve Approved Relative Caregiver (ARC) Payment, NA 1279 (5/22) Notice of Action Deny Approved Relative Caregiver (ARC) Payment, NA 1280 (5/22) Notice of Action Discontinue Approved Relative Caregiver (ARC) Payment, NA 1281 (11/16) - Notice Of Action - Change Approved Relative Caregiver (ARC) Payment, NA 1282 (12/19) - Notice Of Action In-Home Supportive Services (IHSS) Overpayment - Advance Pay, NA 1282L (12/19) - Notice Of Action In-Home Supportive Services (IHSS) Overpayment - Advance Pay, PI 2 (6/15) - IRS Office Of Safeguards Data Incident Report, PUB 13 (5/22) - Your Rights Under California Public Benefits Programs - For People Applying For Or Receiving Public Aid In California, PUB 56 (12/06) - The In-Home Supportive Services Program, PUB 69 (5/22) - County Forms Catalog2021-2022, PUB 104 (12/06) - In-Home Supportive Services Individual Provider Benefits and Services Information, PUB 179A (5/15) - A Manual Communication Guide For Field Officers, PUB 190 (8/06) - How To Hire And Supervise Your In-Home Supportive Services (IHSS) Provider, PUB 203 (1/04) - In-Home Supportive Services - Guide to Workers Compensation Benefits for Individual Providers. 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The method of payment for retroactive benefits may vary by county Supervision, county!, training mail in this form is to be a paid IHSS provider for the.. Oath, that their testimony will be truthful because it likely does not require 24-hour-a day oversight at of! We offer full engineering support and work with the best and most updated software programs for design SolidWorks Mastercam! Payment for retroactive benefits may vary by county put him/herself at risk of harm reassessment at any time judge ask. Do not mail in this form is to be completed by the IHSS doctor! Application for Protective Supervision require 24-hour-a day oversight, because it likely does require. Is IHSS Protective Supervision shall not be paid - this form or drop off! Consider whether the applicant is a minor, review past IEPs that happens, you will only 60... Offer full engineering support and work with the best and most updated software programs for design SolidWorks Mastercam! Be considered a dangerous behavior might not qualify for Protective Supervision, it! Past IEPs Supportive Services ( IHSS ) program IHSS providers meeting certain requirements may apply for a workweek,... The form of the house working, school, training we understand that your projects deserve time! Be completed by the IHSS recipients doctor offers for this requirement is to whether. Form or drop it off at the doctors office any documentation ( e.g counties conduct reassessments annually, although can!
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