One strategy used when planning for Medicaid eligibility is called "spousal refusal." It is authorized under 42 U.S.C. § 1396r-5(c)(3).…
We regularly scour the internet looking for information relating to elder care, special needs and elder law. Although we review…
If you care about making sure the application is filed correctly and processed swiftly, the you should consult with an…
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus…
(Last Updated: 9/6/2022) We've found the Georgia legal forms linked below from various sources. By linking them here, we are…
We reached out to Medicaid caseworkers to see whether they had any advice for law firms helping Medicaid applicants. Not…
We regularly scour the internet looking for information relating to elder care, special needs and elder law. Although we review…
There are numerous ways to contact Georgia Medicaid. We will list a few here: Online How to Apply (Georgia.gov) Georgia…
There is no automatic right to appeal from the Superior Court to the Court of Appeals. An application for the…
After exhausting all administrative remedies, the Applicant may file a Petition for Review in Superior Court. See O.C.G.A. § 49-4-153(c);…
After entry of an initial decision, the Clerk must certify the record, including the Initial Decision and any tapes or…
The ALJ is a representative of the Department throughout the hearing process. As such, the ALJ makes a written recommendation…
Medicaid eligibility determinations must be based on “ascertainable standards.” See J. Perkins, Issue brief: Appeal Rights and Medicaid Benefits citing…
A record must be kept in all contested cases. 42 C.F.R. § 431.244 provides: (b) The record must consist only…
In preparing the original version of these materials several years ago, I spoke with one of the Administrative Law Judges…
Same rules as non-jury civil cases The rules of evidence applicable in civil nonjury trials apply in administrative hearings. O.C.G.A.…
The Applicant and DFCS have the right to the following: 1. Bring and/or subpoena witnesses; 2. Establish all pertinent facts…
The fair hearing or the appeal from agency review must give the applicant a de novo hearing if requested. 42…
As a general rule, discovery is not permitted in any proceeding before an ALJ, except to the extent specifically authorized…
Form All requests made to the Administrative Law Judge shall be made by motion. Unless made during the hearing, motions…
Form; timing A Motion for Summary Determination may be filed no later than thirty days prior to the date a…
An ALJ may order a prehearing conference to simplify the issues being presented. Conferences may be held in person or…
Minimum Federal Requirements for Medicaid Fair Hearings Each State must give Medicaid applicants the right to a fair hearing when…
All applications for ABD Medicaid require that the applicant's basic eligibility be verified. See ABD Manual Section 2201-4. Applications for…
If benefits are being terminated or reduced, the applicant/recipient may request that benefits continue while the appeal is pending. A…
Right to a Hearing The right to a hearing is a property right and belongs to the applicant. See Bd.…
Theoretically, Medicaid should be simple. It’s anything but simple. Also, theoretically, the Medicaid program should be administered in the best…
Taking over a case started by someone else is never my preference. It's far easier to do something correctly the…
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus…
in Hall v. Davis Lawn Care Service, Inc., 314 Ga. 488 (S22G0019 8/23/2022), the Supreme Court unravelled some messy litigation…
The answer is, yes, maybe. At USA.gov, there are tips for caregiver support including links to programs that could pay…
Below is an exemplar consent to a criminal background check. These are required in most guardianship cases and some probate…
In Carpenter v. Carpenter, 276 Ga. 746 (2003), Gloria and Steven Carpenter appealed an order dismissing their Caveat to the…
Who can file An application must be provided to anyone upon request and may be requested in person, by mail,…
The Department must dispose of each application by a finding of eligibility or ineligibility, unless: (1) there is an entry…
Applicants seeking Medicaid must file a signed application with the Department. At this time, the application can be submitted through…
Carol and Wilbur Post are typical Elder Law clients. Carol married Wilbur more than forty years ago. Recently, Wilbur’s health…
Recently we received an unsoliticed email regarding Alternative Baseball®, which originated in Dallas, Georgia, and we decided to republish it…
Both O.C.G.A. § 49-4-153(b)(1) and 42 C.F.R. § 431.244(g) require that all Medicaid agency decisions be accessible to the public,…
Right to Hearing, Generally Medicaid applicants and beneficiaries are entitled to adequate notice of state agency actions and a meaningful…
A single state agency must be designated to administer or supervise the administration of the State Plan. 42 U.S.C. §…
Medicaid is a cooperative venture of the state and federal governments. If a state chooses to participate in the Medicaid…
We regularly scour the internet looking for information relating to elder care, special needs and elder law. Although we review…
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus…
Retirement accounts that qualify under the Employee Retirement Income Security Act (ERISA) are generally protected from creditors, bankruptcy proceedings and…
We regularly scour the internet looking for information relating to elder care, special needs and elder law. Although we review…
There are times when formal "legal" communication is necessary. This post addresses several instances regarding how that can be done.…
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus…
Sometimes nursing home residents want to leave the nursing home to visit family or just get some fresh are. So…
In this day and age, people are glued to their smart phones and other electronic devices. They hardly look up…