A decades-old court order called Ball v. Swoap requires California to pay a penalty for every day it takes too long to decide your appeal — and most people have never heard of it.
When a family appeals an IHSS decision and wins, the relief is real — services restored, backpay coming, a fight finally finished. But there’s another payment that often shows up quietly in the mail, with little explanation attached: a check from the State Controller’s Office with a number that can reach into the thousands of dollars.
That check is called a Ball payment. It comes from a court order that has been in place since 1986, it’s separate from your backpay, and under California law, it doesn’t count against your Medi-Cal or IHSS eligibility. Most families who receive it have no idea what it is or why they got it. Many more families who should receive it never do — because no one told them to ask.
This article explains where the payment comes from, what triggers it, how the amount is calculated, and what to do if you believe you’re owed one.
Where the Payment Comes From: Ball v. Swoap
In 1986, a class action lawsuit called Ball v. Swoap resulted in a court-ordered agreement between Medi-Cal beneficiaries and the California Department of Health Services. The court found that the state was routinely failing to issue fair hearing decisions within the time the law required.
The stipulation and order, finalized June 23, 1986 and effective October 1, 1986, created a penalty system: if a state fair hearing decision is issued late and the claimant wins — fully or in part — the state owes that person a penalty payment for the time the decision was delayed.
Ball v. Swoap was litigated in the context of Medi-Cal hearings. IHSS appeals go through the same CDSS State Hearings system and are subject to the same 90-day timeline. In practice, Ball payments have been applied to IHSS cases because they move through the same process. If you are uncertain whether your case qualifies, contact the State Hearings Division at 1-800-952-5253.
What the Law Requires: The 90-Day Rule
California law sets a firm deadline for state fair hearing decisions. Under Welfare and Institutions Code, the final written decision must be issued within 90 days from the date the hearing request is received by CDSS State Hearings Division.
That clock starts the moment CDSS logs your appeal — not the date you mailed it or the date the hearing was held. If the final written decision arrives after that 90-day window and you won, Ball v. Swoap applies.
What Triggers the Penalty
Three things must all be true:
- The final written decision was issued after the 90-day deadline from when your hearing request was received.
- You won your appeal — either fully or in part.
- Your case went through the California DHCS or CDSS state fair hearing system.
“Winning in part” counts. If the state granted some of what you asked for but not everything, you are still eligible for the penalty payment.
How the Penalty Is Calculated
The original 1986 Ball v. Swoap order set the penalty at $100 per month of delay. In practice, the calculation appears to have shifted to a per-day rate — though the state does not publish the current formula in a single publicly accessible document, and the rate can change based on policy or state regulation.
Here is what we know from a real case: a decision that was due September 2, 2025 was not issued until February 27, 2026 — a delay of 178 days. The penalty check issued by the State Controller’s Office totaled $6,675.
$6,675 ÷ 178 days = $37.50 per day — a clean, exact figure that appears to reflect the current rate.
That said, the rate is not guaranteed to remain fixed. If you are calculating what you might be owed, use this as a reference point — not a guarantee — and verify with CDSS or an advocate before relying on it.
The $37.50/day figure is derived from a documented real-world payment, not a published state policy document. The rate can change based on policy or regulation. Use it as a reference — not a guarantee — and confirm the current rate with CDSS at 1-800-952-5253 before relying on it for your case.
The Payment Does Not Affect Your Benefits
Under Ball v. Swoap, the penalty payment is explicitly exempt — it cannot be counted as income or property for any public social services program. That means it cannot affect your Medi-Cal eligibility, your share of cost, your SSI, or your IHSS authorization.
However, there is one administrative step: if you receive Medi-Cal, you are required to report the payment on your Medi-Cal Status Report form (MC 176S) as income in the month you receive it. Write “Ball payment” clearly next to the amount. Your eligibility worker is required to disregard it — but only if it’s labeled correctly. Leaving it unlabeled or reporting it as regular income can create unnecessary complications.
Contact your caseworker or a benefits counselor before the check arrives to confirm how to report it. The Ball v. Swoap exemption applies specifically to Medi-Cal. Rules vary across other programs.
What to Do If You Think You’re Owed a Payment and Haven’t Received One
Ball payments are not always sent automatically. If your appeal won and the decision came after the 90-day deadline but you have not received a penalty check, here is what to do:
- Confirm the timeline.
Identify the date CDSS State Hearings Division received your hearing request (not the date you submitted it), and the date the final written decision was issued. If the gap exceeds 90 days and you won, you likely qualify.
- Contact the State Hearings Division.
Call 1-800-952-5253 (TTY: 1-800-952-8349). Provide your case number and ask whether a Ball payment was issued and to what address it was sent.
- Check your address on file.
Ball checks are issued by the State Controller’s Office and mailed to the address CDSS has on record — not necessarily your IHSS caseworker’s files. Make sure your mailing address is current.
- Get advocacy support if needed.
Disability Rights California (1-800-776-5746) can help you understand your rights. An IHSS advocate or attorney can also assist — many take IHSS cases on a contingency basis and can help pursue overdue payments.
A Note on Protective Supervision Cases
Protective supervision is one of the most commonly appealed IHSS services — particularly for children and adults with developmental disabilities, autism, or psychiatric conditions. These cases often take longer to resolve than standard appeals, in part because they require more documentation and face more county resistance.
When a protective supervision case runs past the 90-day deadline and the recipient wins, Ball payments can be substantial. Using the $37.50/day reference rate, a case delayed by 178 days generates a penalty of $6,675 — entirely separate from any backpay owed on the authorized hours.
If you or someone you support won a protective supervision appeal and the decision came late, review the timeline. The payment may be owed.
The Final Word
California law sets a 90-day limit on fair hearing decisions. When the state misses that deadline and you win, you are owed a penalty — not as a favor, but as a legal obligation under a court order that has been in place for nearly four decades.
Most families never know this payment exists. Knowing it exists — and knowing how to ask for it — can make a meaningful difference.
All sources referenced in this article. Links open the original government, legal, or advocacy documents so you can read them for yourself.
