Elder Law

Discovery in Medicaid Cases

As a general rule, discovery is not permitted in any proceeding before an ALJ, except to the extent specifically authorized…

2 years ago

Pre-Trial Motions in Medicaid Cases

Form All requests made to the Administrative Law Judge shall be made by motion. Unless made during the hearing, motions…

2 years ago

Summary Determination in Medicaid Cases

Form; timing A Motion for Summary Determination may be filed no later than thirty days prior to the date a…

2 years ago

Pre-Hearing Conferences in Medicaid Cases

An ALJ may order a prehearing conference to simplify the issues being presented. Conferences may be held in person or…

2 years ago

Notice, Due Process and Procedure in Medicaid Fair Hearings

Minimum Federal Requirements for Medicaid Fair Hearings Each State must give Medicaid applicants the right to a fair hearing when…

2 years ago

Verification for Medicaid Applications

All applications for ABD Medicaid require that the applicant's basic eligibility be verified. See ABD Manual Section 2201-4. Applications for…

2 years ago

Continuing Benefits While Appeal is Pending

If benefits are being terminated or reduced, the applicant/recipient may request that benefits continue while the appeal is pending. A…

2 years ago

Requesting a Medicaid Fair Hearing

Right to a Hearing The right to a hearing is a property right and belongs to the applicant. See Bd.…

2 years ago

Medicaid is required to be simple, but you have no right to enforce its simplicity

Theoretically, Medicaid should be simple. It’s anything but simple. Also, theoretically, the Medicaid program should be administered in the best…

2 years ago

Correcting the Damage Done Before You Got the Medicaid File

Taking over a case started by someone else is never my preference. It's far easier to do something correctly the…

2 years ago