Hodson

This appeal involves a dispute over a disabled person’s share of cost for services under California’s In-Home Supportive Services *1229 program (IHSS). Specifically, the dispute is over the amount of a spouse’s income that can be considered or “deemed” available to a disabled person for the purpose of determining how much of the cost of IHSS services the disabled person must bear.

I. Facts and Proceedings Below

Petitioner, Donna Hodson, suffers from multiple sclerosis and a spinal impairment along with various complications which render her totally disabled. She is confined to bed. Ms. Hodson is considered “severely impaired” and entitled to the maximum amount of benefits under the IHSS program. (Welf. & Inst. Code, § 12304.) Under IHSS, Ms. Hodson receives domestic and related services, protective supervision and a variety of nonmedical personal services which make it possible for her to live in comfort and safety in her home. (Welf. & Inst. Code, §§ 12300, 12304.)

The Hodson’s gross monthly income is $2,082. Ms. Hodson receives $343 in Social Security disability benefits and Mr. Hodson has gross earnings of $1,739. The cost of Ms. Hodson’s In-Home Supportive Services…