County Board’s Overtime Cut Overturned
Has your county board said your independent provider must stop working after 40 hours per week? An Ohio family challenged that requirement, and they won!
DODD’s overtime guidance urges county boards to reduce overtime. But the actual rule in the Ohio Administrative Code does not set a 40-hour cap.
In this case, a disabled person was approved to receive 62 care hours per week. She hired her mother as her DSP. The county board tried to cut the mother’s hours to 40 and hire other providers cover the other 22 hours.
On June 26, 2026, Ohio’s Bureau of State Hearings rejected the cut. It ordered the county board to restore the 62 care hours, then reconsider its decision under the actual rule.
This is a good reminder that DODD “guidance” is not a law. Ohio’s statutes are in the Ohio Revised Code. Ohio’s administrative rules are in the Ohio Administrative Code. A Microsoft Word document, email, online FAQ page, or PowerPoint presentation cannot create a new requirement simply because someone at DODD typed it.
The hearing officer explained that the real rule’s limit is 60 hours, with exceptions allowing more. The county board could not change the rule to have a 40-hour limit, even if a worker at DODD recommended that limit.
This decision applies to one family. It does not guarantee everyone overtime, and it still requires cooperation to reduce the need for overtime. But it gives families an important decision to show their county board.
If your county board is cutting your chosen provider’s hours to 40 per week, download this decision and send it to your SSA. Ask how the proposed cut follows the rule. The order restoring hours is on page 9. And if your county board still cuts your provider’s overtime, you can always appeal. You might even win just like the family in this case!
Remember: “DODD says so” is not a citation to a law. If your county board says something is required, ask for the exact statute or administrative rule. Then read what it actually says!
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