Legal Question in Elder Law in Massachusetts

medicaid application -denied/appeal

My mother is in a nursing home. We filed an application in January of this year. It was denied in march

for missing information. Medicaid caseworker thought he/she did not

all my information but realized they did.

An appeal was submitted recently to keep the original date . What is the appeal process?


Asked on 4/26/07, 5:49 pm

1 Answer from Attorneys
Alexandra Golden Golden Law Center

Re: medicaid application -denied/appeal

The appeal process involves filing a notice of appeal within 30 days of the rejection. There will be a hearing scheduled before a hearing officer, at which time you get to argue why the application should have been accepted. It is wise to file a brief setting out your arguments -- the facts and the law -- well before the hearing.

If the caseworker has actually found the missing paperwork, s/he can go ahead and approve the application retroactive to the requested start date, before the appeal is heard. If the application is approved, then there is no need for a hearing. You may want to give the caseworker a call and find out if s/he has reviewed the application now that everything has been located.

I handle Medicaid applications and appeals. Please feel free to contact me to discuss this matter further.

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Answered on 4/26/07, 6:03 pm


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