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(2.24) Can I lose my regional center eligibility?

(2.24) Can I lose my regional center eligibility?

Developmental disabilities are expected to continue “indefinitely.”[1]Section 4512(a). So, eligibility for regional center should last your whole life. Even if you move to a different part of California and change regional centers, you are still eligible.[2]Section 4643.5(a). See Chapter 3 for information on transferring to a new regional center. Sometimes, a regional center will say you’re not eligible anymore. If your regional center says this, you should appeal. The law says the only way a regional center can take away your eligibility is to do a “comprehensive reassessment” and show its original decision is “clearly erroneous.”[3]Section 4643.5(b). This means the regional center must show it was wrong about your eligibility by the reassessment it must do before it can stop your services.[4]Claimant v. Inland Regional Center, OAH Case No. 2018061194.1 (2021) page 13. If the regional center says you are not eligible anymore, you should:

  • Contact Disability Rights California or OCRA. We may not be able to be your lawyer, but we can help you with your appeal. We can explain what “clearly erroneous” means. We can help you prepare your appeal and how to present your case at a hearing.
  • Get an independent evaluation from a qualified psychologist or psychiatrist.

You might lose eligibility if your condition improves on its own or with medication. For example, if you have epilepsy and your seizures are controlled for many years, the regional center may say you no longer have a developmental disability because your epilepsy is not a substantial disability.

References
1 Section 4512(a).
2 Section 4643.5(a). See Chapter 3 for information on transferring to a new regional center.
3 Section 4643.5(b).
4 Claimant v. Inland Regional Center, OAH Case No. 2018061194.1 (2021) page 13.