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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17487
Experience:  B.A.; M.B.A.; J.D.
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I live in California, in a unique situation. I receive

Customer Question

I live in California, in a unique situation. I receive services through the states In Home Supportive Services (IHSS), because I have a terminal illness that alters my ability to complete my own daily needs. Ten years ago I moved in with my daughter who became my care taker, paid by the State. We both signed a contract of rules. For 9 years there have been no problems. However, during the last year it has been harder for her to provide the care as agreed. The main issue is around meal preparation. We have tried several ways to solve the problem, with little success. She respectfully ***** ***** her hours of work be reduced by 40 hours and that I hire someone to do the cooking. My reevaluation was coming up so I waited to discuss the issue with the social worker, since I was not eating properly with her cutting back. I was asking for guidance. What I got was a threat. It seems I should have reported the situation right away and should not have signed her time sheet. Understand they had only been paying her for far fewer hours of meal prep than she had actually been doing. The Social Worker demanded to know how long the problem had existed. I explained that there was never a meal missed, it was just that some did not meet the requirements of my diabetic diet. The social worker ignored everything I tried to explain. She accused both my daughter and me of committing fraud and said there would be an investigation. However, she gave me the number for the Public Authority to call and request a new worker for the 40 hours. She told me if we were found to have committed fraud, we would both go to jail. After the meeting, I advertised locally for an IHSS employee who might want to add 40 hours to their monthly hours by cooking for me. I received three responses, but no one wanted to be involved with IHSS. I was very scared and intimidated, so I called our senior hot line for assistance. They said it was an IHSS issue. I cried and became very upset, since no one wanted to discuss any solutions with me. I even had a drink while I spoke with the man (the first in 40 years), but it was not his issue and he could not help me. I was so upset, I told the man I wished I was already dead. I decided with a threat of investigation and incarceration I would drop out of the program completely. The next day I called to speak with my social worker who was as usual not available. I left a message that I was quitting the program, but that my daughter should be paid through her last day of work. I waited most of the next day to hear from my social worker. Late afternoon I placed another call at which time a recording told me to call another number. I did. That person was just plain ignorant. I explained I'd been threatened and that I felt it was unwarranted. I wanted conformation that they understood I was quitting the program, even if it caused my death. She wanted me to talk with some woman and placed me on hold, but the phone went dead. I called back not wanting them to think I hung up. A new woman new my name and asked me if I had been drinking. I told her that was none of her business, but no I had not nor was I. I then reiterated I wanted the social worker from my case to call. Then I hung up. Twenty minutes later the police were at my door. They wanted to know if I was drunk and suicidal. I asked him if I looked or acted drunk, to which he replied "no." I told him I don't have to be suicidal sense I was already dying. They left calling it a "well check visit." It has been almost a month and I have not heard from the social worker. I tried calling the Public Authority phone number and was told my daughter had to call. What should be my next action? They continue to send time sheets, which we have not turned in, but implies I'm still in their program.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Just that I'm getting worse trying todo more things for myself.
Submitted: 4 months ago.
Category: Legal
Expert:  Phillips Esq. replied 4 months ago.

I am so sorry to read about your difficulties.

You still need help and should not remove yourself from the problem because of rude and arrogant people. My suggestion would be to contact your Governor's office and file complain against these individual and get the assistance that you need. You may also contact your State Representative's office for assistance in dealing with this agency.

Best wishes,

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Thank you for your cooperation.