Fair Hearings

  |  February 1, 2016

My Medicaid application was denied—what can I do?

So your Medicaid application was denied?  What can you do?  Depending on the County, you might try to contact the caseworker to find out exactly why it was denied and try to resolve the issue at this level.  Sometimes the issue cannot be resolved with the caseworker or his/her supervisor, so what are your options.

In every case, if you disagree with a decision (i.e./DSS’ calculation of income, resources or for a denial), you have the right to request a fair hearing.  A fair hearing is an opportunity for you to explain to a New York State Administrative Law Judge why the Department of Social Services’ decision was wrong.  At these hearings, you, the appellant, have the burden of proof, meaning you must bring enough evidence and cite the applicable law to prove why DSS was improper with their decision.

You have 60 days from the date of the decision to request a fair hearing.  A fair hearing can be requested through fax, mail or online.  For more information on how to request a fair hearing, please see the New York State Office of Temporary and Disability Assistance.

You can also read some of the firm’s successful Fair Hearing decisions here.


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