Legal Argument Required to Demand Discovery
- A motion for discovery in a fair hearing appeal is properly made under N.J.A.C. 1:1-12.1-12.7.
- A motion for discovery is appropriate when a party to a proceeding before the Office of Administrative Law timely files discovery demands and timely requests a conference to compel discovery under N.J.A.C. 1:1-10.4(a)-(d).
- This article explains how to do effective discovery in a Medicaid appeal.
In considering a discovery motion, the Judge, “shall weigh the specific need for the information, the extent to which the information is within the control of the party and matters of expense, privilege, trade secret and oppressiveness.
Except where so proceeding would be unduly prejudicial to the party seeking discovery, discovery shall be ordered on terms least burdensome to the party from whom discovery is sought.” N.J.A.C. 1:1-10.1(c).
My office represents many clients before the Office of Administrative Law by way of appeal of denial of Medicaid for long term care. We often make discovery demands upon a County Board of Social Services. In accordance with the Office of Administrative Law’s rules and procedures, discovery responses must be provided fifteen (15) days after we make them.
While we make efforts to avoid discovery disputes, often times documents are removed from the file by caseworkers and supervisors, or claims are made that these documents are privileged and are not identified.
Discovery rules are designed to streamline the trial (hearing) and enhance the likelihood of settlement or withdrawal. They achieve this purpose by giving litigants access to facts which tend to support or undermine their position or that of their adversary.” N.J.A.C. 1:1-10.1.
We have been very successful using this approach.
To discuss your NJ Appeal of Medicaid Denial matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Appeal of Medicaid Denial Attorney