Have You Been Denied Approval for NJ Medicaid or Had Your Medicaid Approval Recently Revoked?
If So, You Have a Right to a Fair Hearing Appeal
BEING THREATENED BY NEW JERSEY THAT YOUR ADULT/BLIND/DISABLED MEDICAID LONG-TERM CARE BENEFITS MAY BE TERMINATED NOW THAT THE COVID EMERGENCY PROTECTIONS HAVE ENDED?If so, please immediately contact Fredrick P. Niemann, Esq. for a consultation |
The filing and processing of a Medicaid application are burdensome. After assembling five (5) years’ worth of financial information and doing everything reasonably requested by the State to achieve eligibility, many applicants and/or their representatives are frustrated by the continual delays and/or demands for additional information and arbitrary response times to provide this information. Often the applicant or their representative is unable to reach the caseworker assigned to the application or his/her supervisor to obtain a status update or obtain assistance when questions about the application come up. If this is your experience, you are not alone. You may wish to consider contacting an experienced New Jersey Medicaid lawyer.
The blame does not (sometimes) lie with the employees of the County Board of Social Services, rather the blame belongs primarily to a system designed to frustrate, delay, and then deny applications for New Jersey Medicaid. New Jersey has made a calculated gamble that if they make the application process hard enough people will become so frustrated that they will either walk away or delay their eligibility, thus saving the State the funds necessary to provide long-term care for its elderly residents. However, you have rights! I wrote this site to give you the information necessary to appeal a wrongful denial or termination of Medicaid eligibility or a reduction in your existing Medicaid benefits. I also authored blogs and recorded videos on subjects related to appealing the denial of Medicaid benefits that I encourage you to read and watch.
In cases where the state proposes to terminate, reduce or suspend assistance, notice must be given to the Medicaid beneficiary/Applicant detailing the reasons for the proposed action at least 10 days (some revocations require 30 days’ notice) before the action is to be taken. The notice must also advise the person of his or her right to request a fair hearing appeal. If you appeal the state’s decision in a timely manner, whatever Medicaid assistance you are receiving must be continued until your appeal is resolved. The New Jersey Office of Administrative Law has a website that describes the fair hearing process and procedures, but alone, it’s difficult to take the information given to you and effectively use it for a successful appeal.
If you feel a meeting is necessary to protect your or a loved one’s interest by filing a fair hearing appeal, don’t hesitate to contact me, Fredrick P. Niemann, Esq., at our toll-free number (855) 376-5291 or you can send me an email at fniemann@hnlawfirm.com. You’ll be glad you did. I’m easy to talk to and motivated to help you better understand your rights and legal options.
Medicaid Applications in New Jersey Are Time Consuming, Complex and Often Result in a Wrongful Denial
HOW DO YOU APPEAL A DENIAL OF MEDICAID ELIGIBILITY IN NEW JERSEY?
If the County Board of Social Services fails or refuses to approve your application within 30/45 days of filing, you are entitled to file an appeal. Further, if your application is denied (for any reason) or the manner in which the application is being processed is unlawful, you have the right to file an appeal. This appeal is called a Fair Hearing Appeal. Fair Hearing Appeals in NJ must be timely filed after notice of a Medicaid denial or other official action taken by the County Board of Social Services on your Medicaid application.
What is a Fair Hearing Appeal?
A Fair Hearing Appeal is a legal right to challenge the County Board of Social Services of the County where you filed your application. It is a quasi-judicial proceeding filed against the county and state which affords you an opportunity to present your case in support of Medicaid eligibility before an Administrative Law Judge. An Administrative Law Judge (ALJ) is an independent judicial official who is an attorney by education and training and who has achieved the status of Administrative Law Judge by appointment from the Governor. An Administrative Law Judge hears the evidence and decides on the merits of your appeal. Like any quasi-judicial proceeding, the burden of proof is upon you to prove your case. This means that you must produce direct evidence by testimony, documents, and witnesses relevant to the reasons why the appeal was taken. The case is heard by a single judge. There is no jury or other courtroom formalities. The appeal setting consists of the Judge, representatives of the county and you, each producing evidence to create a record that is maintained in audio form. After the hearing, the ALJ will issue a decision which is either a final decision on the merits or a recommendation to the Director of Medicaid for or against the appeal. The Director can accept the ALJ’s decision, reject the ALJ’s decision, or fail to comment on the ALJ’s decision, in which case the ALJ’s decision becomes the final Agency decision.
To be successful you must be prepared. Generally, Fair Hearing appeals should be undertaken with the assistance of legal counsel experienced in courtroom litigation, otherwise, you may fail to produce necessary witnesses, comply with required procedural rules and/or assemble the necessary evidence to win.
If you have questions concerning your rights to file a Fair Hearing Appeal in New Jersey or want a legal opinion on the likelihood of success if you are contemplating an appeal, contact Fredrick P. Niemann, Esq., an experienced New Jersey Fair Hearing Appeal of Medicaid Denial Attorney at 3499 Route 9 North, Suite 1-F, Freehold, New Jersey 07728, or email him at fniemann@hnlawfirm.com; you can call him toll-free at (855) 376-5291.
What is the Legal Effect of an Administrative Law Decision on Your Medicaid Application When You File an Appeal?
As I indicated earlier on this page, an Administrative Law Judge can reverse a denial of eligibility by the County Board of Social Services and/or any other adverse decision(s) made by the County. Unfortunately, sometimes the judge’s decision does not necessarily end the matter. By law, the Director of New Jersey Medicaid has forty-five (45) days to either uphold, modify or reverse the decision of the Administrative Law Judge. This means that while you may win your case before the Administrative Law Judge, the Director of New Jersey Medicaid can, under certain circumstances, reverse certain decisions in full or in part. If this happens you still have rights. You have the right to appeal the Director’s decision to the Appellate Division of the New Jersey Superior Court. This appeal is a matter of right and is decided by a three (3) Judge panel at the State Capitol in Trenton, New Jersey. The Appellate Division will review the evidence, testimony, and documents submitted before the Administrative Law Judge and will evaluate whether the Director’s decision is lawful or a violation of Federal or State Medicaid Law.
Often, an appeal to the Appellate Division is necessary to reverse an incorrect and/or arbitrary decision by the Director. And, unlike an Administrative Law Hearing, the Director of New Jersey Medicaid cannot override a decision by the New Jersey Superior Court or a U.S. Federal Judge.
Fredrick P. Niemann Esq.
If you would like to discuss your experiences with NJ Medicaid in a confidential manner with a seasoned and experienced NJ Medicaid appeals attorney, contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or e-mail him at fniemann@hnlawfirm.com. Our offices are conveniently located on Route 9 North in Freehold, NJ.
Watch Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright explain the ins and outs of Medicaid Eligibility in this interesting and informative video.
Actual Client Testimonial – Zoila Miranda, Freehold, NJ
Thank you for sending me the correspondence from Medicaid. Both my sister and I are so relieved that my dad has Medicaid and that my mom will continue to receive his social security. It is a load off our minds.
I want to convey my sincere thanks to Diane, Fred and all in your office who were so kind and supportive while we went through this process. Poor Valarie had to console me at times when I would come in so upset and watch me cry. She was so kind to me, but Diane most of all. She gave me such good advice and were so kind and caring. You may tell Fred that his office is wonderful. His staff truly cares as he does. This whole situation was so daunting, but you guided me so well during the process. I have sung Diane’s praises as well as Fred’s. I have shared your office number and Fred’s name with others and recommend your office highly.
From the bottom of my heart, thank you.
Actual Client Testimonial – Rosemary Venta, Ocean, NJ
I hired Fred Niemann and his staff to obtain Medicaid approval for my dad, John Melella. His office was just awesome. They were efficient, friendly and responsive to our matter. My questions were promptly and thoroughly answered. I was very satisfied with their services and the level of professionalism they demonstrated
Actual Client Testimonial – Mike Price – Plainfield, IN
My wife and I wanted to express our gratitude for the guidance and patience from you and your staff along this journey. Life is strange at times and the things that bring us together can be just as strange, if not more.
I not only got to put a few bucks in the bank, but got to reconnect with my cousin Sarah, which was a great surprise for me. That alone was worth the journey for me. Getting to know her and the family has been really nice. I know it was a long day for all of us in mediation, but I really am blessed to have gotten to know you and talk with you. I admire your skills, work ethic and attitude regarding time and Patience. When the opposing attorney was running her big mouth and doing her thing, you never lost your composure, nor your position. I’m hoping it’s one of the nuggets I’m able to take and implement in my personal/professional life. The short version of this story is that you have a lot to offer people, you’re a true, trusted advisor. Your words and actions seem to align with your values, which is like common sense, very hard to come by now a days. Your staff does a great job as well. Please let them know that as often as you can.
Actual Client Testimonial – Joseph Marrazzo, Jr. – Cherry Hill, NJ
I am a NJ attorney with 40+ years of experience in the practice of law. Medicaid applications are not my area of expertise. I consulted with three law firms that specialize in this area of law. Thankfully, I chose Hanlon Niemann & Wright. The firm is professional, knowledgeable, efficient and responsive. My sister received notice of enrollment into the Medicaid program within 40 days after the law firm filed the application. I will recommend Hanlon Niemann & Wright to all my family, friends and clients who need legal services concerning Medicaid law.
Speaking Events
Fredrick P. Niemann of Hanlon Niemann & Wright was selected to Chair the 2023 New Jersey NAELA Elder Law Program on April 19, 2023 at the Wind Creek Hotel and Convention Center in Bethlehem PA. NAELA represents the National Association of Elder Law Attorneys. It has an active New Jersey Chapter wherein the elite of NJ Elder Law Attorneys meet, interact and discuss a wide range of topics impacting the lives of NJ elderly residents and the attorneys who represent them.
On August 20th, Fredrick P. Niemann, Esq., a New Jersey Medicaid lawyer, moderated a seminar practice series sponsored by the NJ Chapter of National Association of Elder Law Attorneys (NAELA) with attorneys throughout NJ addressing complicated Medicaid applications and unique legal issues involving nursing home and assisted living residents. The program entitled, “Medicaid Landmines and Complicated Medicaid Applications” attracted a large crowd of highly experienced elder law attorneys in NJ and allowed a spirited and valuable audience to brainstorm ideas and strategies to successfully qualify NJ’s aging population for Medicaid benefits in a hostile regulatory environment. Another practice series is being planned for late 2019 or early 2020.
Recent Speaking Events by Fredrick P. Niemann, Esq.
You Can View Fred’s Current Schedule by Clicking Here.
Medicaid Appeals Attorney serving these New Jersey Counties:
Monmouth County, Ocean County, Essex County, Cape May County, Mercer County, Middlesex County,
Bergen County, Morris County, Burlington County, Union County, Somerset County, Hudson County, Passaic County