Appealing the Denial
of a Medicaid Application
in New Jersey

living_willHave You Been Denied Approval for NJ Medicaid?
If So, You Have a Right to a Fair Hearing Appeal

By Fredrick P. Niemann, Esq., an Appeal of Medicaid Denial Attorney in Monmouth County, New Jersey

The filing and processing of a Medicaid application is frustrating.  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.  Often the applicant or their representative is unable to reach the case worker assigned to the application in order to obtain a status update or assistance when questions pertaining to the application come up.  If this is your experience, you are not alone.

The blame does not always lie with the employees of the County Board of Social Services, rather the blame belongs primarily with a system which is 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 either walk away or delay their compliance, thus saving the State the funds necessary to provide long term care for its elderly residents.  However, you have rights!

Click HERE to view a personal message from Mr. Niemann

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 the required 30/45 review period, you are entitled to file an appeal.  Further, if your application is denied for any reason whatsoever 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 have to be filed within twenty (20) days of a denial or other official action taken by the County Board of Social Services.

A Fair Hearing Appeal is taken against the County Board of Social Services of the County where you filed the application.  It is a proceeding against the county which affords you an opportunity to present your case before a New Jersey Administrative Law Judge.  An Administrative Law Judge is a quasi 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 makes a decision 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 information which is relevant to the reasons why the appeal was taken.  The case is heard by a single judge. There is no jury or other courtroom accessories. The appeal setting consists of the Judge, representatives of the county and you, each producing evidence to create a record which is maintained in audio form.

To be successful you must be prepared. Generally, Fair Hearing appeals should be undertaken with the assistance of legal counsel who is experienced in courtroom cases and litigation otherwise you may fail to produce the 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 your 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.

 

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What Is the Legal Effect of an Administrative Law Decision on your New Jersey Medicaid Application When You File an Appeal?

An Administrative Law Judge is able to reverse a denial of eligibility by the County Board of Social Services and/or other adverse decisions made by the County.   Unfortunately this 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 before the Administrative Law Judge, the Director of New Jersey Medicaid has the authority to reverse the decision 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 New Jersey Federal Medicaid Law.

Often times, an appeal to the Appellate Division is necessary in order to reverse what is often times 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.

Why Choose Hanlon Niemann

 

 

Recent Speaking Events by Fredrick P. Niemann, Esq.
You Can View Fred’s Current Schedule by Clicking Here

Fred Niemann - Medicaid Lawyer in New Jersey

Fred Niemann, NJ Medicaid Lawyer

Let an experienced Medicaid Appeal attorney at Hanlon Niemann work for you today.

If you would like to discuss your experiences with NJ Medicaid in a confidential manner with a caring 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

Watch Fredrick P. Niemann, Esq. of Hanlon Niemann explain the ins and outs of Medicaid Eligibility in this interesting and informative video.

Watch Video

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 who 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. Lorraine Banach, my legal assistant contact at the firm, was excellent. I will recommend Hanlon Niemann & Wright to all my family, friends and clients who are in need of legal services concerning Medicaid law.

More Testimonials

LOOK WHERE FRED HAS BEEN

OFFICE OF CONTINUING EDUCATION WORKSHOPS

Rutgers State University is pleased to invite Mr. Fred Niemann of Hanlon Niemann to be the guest speaker at their workshops for the Office of Continuing Education.

Mr. Niemann will offer continuing Education courses on “Elder Abuse and Financial Exploitation”, “Hidden Secrets of Veterans Benefits”, “Veterans Aid and Attendance Benefits 2013”, “Medicaid Changes: The Approaching Storm”, and the “New NJ Comprehensive Waiver Demonstration”.

Click here to check our website for current dates for these events.

Fredrick P. Niemann, Esq. was recently asked to speak at the NJ State Bar Association Institute of Continuing Legal Education in New Brunswick, NJ on the essentials of estate planning.

Mr. Niemann addressed attorneys from throughout the state of NJ interested in learning key concepts and principals of NJ estate planning, including such topics as wills, trusts, estate taxations, asset protection, powers of attorney, health care directives, special needs and supplemental needs trusts for disabled and incapacitated individuals, avoiding probate through creative use of beneficiary planning, inheritance taxes, gifting and changes coming to federal estate taxation.

Fredrick P. Niemann, Esq. attended the 46th annual Heckerling Institute on Estate Planning Conference from January 9th to January 13th at the Orlando World Center sponsored by the Community of Miami School of Law. This week long session assembled the nation’s leading authorities to lecture and discuss the latest in estate planning techniques and strategies. Topics analyzed and discussed included 1) elder law; 2) asset protection; 3) statutory case law developments; 4) planning with financial assets including annuities, Roth IRA’s, and life insurance policies; 5) litigation and tax controversies; 6) networking and practice development.

Mercer County Chapter of the New Jersey Society of CPAs

Fredrick P. Niemann spoke before the State Society of CPAs Mercer County Chapter on the subject of Estate Planning and Asset Protection Planning for individuals and families.  Topics addressed during the 4 hour seminar included hospice planning and asset protection, Veterans Aid & Attendance, planning through the use of a Power of Attorney, Living Will and Healthcare Directive.  Attendees at the seminar were eligible to receive 4 hours of professional CEU credits from the State Society.

Visit our other related websites for additional information about New Jersey Medicaid Law:

Discharge from Nursing Home www.dischargefromnjnursinghome.com 

NJ Medicaid Attorney www.njmedicaidattorney.com

NJ Elder Law Center www.njelderlawcenter.com

New Jersey | NJ | Administrative Law | Appealing

Medicaid Denial Lawyer in New Jersey | Medicaid Appeals in NJ | NJ

Medicaid Appeal Lawyer | Appeal Rights | Fair Hearing Appeals | Denial Medicaid
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