Expert Testimony and Litigation

Helping you and your Clients in the face of a Denial

Sometimes, cases are misunderstood. If your client receives a Medicaid denial due to a product purchased through our office, we will work with you through the fair hearing process at no charge.

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Led by experienced and knowledgeable attorneys.
It’s rare for a Medicaid Compliant Annuity case to require a fair hearing, but if it does happen, you can rest easy knowing you’ll be assisted by our in-house attorneys that specialize in this area of Medicaid planning. We’ve even assisted in landmark MCA cases such as Zahner v. Mackereth and Weatherbee v. Richman. We have the experience and knowledge needed to help your client.
We Provide:
    Fair Hearing Support.
    We will review your client’s case with you and discuss ways to remedy the denial. In many situations, we can resolve the issue at the caseworker level. If not, we will assist you through the fair hearing process.
    Expert Testimony.
    Our in-house attorneys are experts in the field of Medicaid planning. As part of our support in this process, our attorneys are available for expert testimony via telephone.
    Advice for Success.
    We’ve assisted in dozens of successful fair hearings nationwide. We can provide advice on how to prepare and succeed in your client’s case.
How We Work With You:
Working with our office is simple.
  • 1
    Provide your client’s case facts along with a copy of the denial notice.
  • 2
    Upon receiving the necessary information, we will help you attempt to remedy the situation with the caseworker directly by providing any additional information or documentation.
  • 3
    If a fair hearing becomes required, we will help you prepare your brief, questions, witnesses, and testimony.
  • 4
    We will continue to work with you through the fair hearing process until the conclusion of the case.
We Work With Members of The Most Trusted Organizations in Elder Law
Fees
Reason for Denial
“Name on the Check Rule”
Denials Not Related to MCAs

We stand by our products and services; therefore, our Expert Testimony and Litigation Support is completely complimentary if the product resulting in denial was purchased through our office.  If the product was not purchased through our office, this service may still be available to you for a fee.  Please contact our office at (866) 605-7437 for details.

Don’t be discouraged – a denial caused by a Medicaid Compliant Annuity is very rare. However, if it does occur, it is likely due to a misunderstanding by the caseworker.  Or, the issue might not be an actual denial of benefits, but the misapplication of a particular MCA planning strategy.  Either issue can most often be resolved quickly, however, in the unlikely event a fair hearing does become required, we will stand by you during the process.

Not every fair hearing means a denial was incurred.  The “Name on the Check Rule” is a great strategy to protect an institutionalized spouse’s IRA, but it is often questioned by caseworkers.  Sometimes, the income from the annuity is incorrectly attributed to the institutionalized spouse.  If your “Name on the Check Rule” case is misapplied, contact our office for assistance.

Our office typically only assists with the fair hearing process if the denial is due to an MCA purchase. In cases where the denial is the result of a different problem, we recommend consulting with another elder law attorney in your area.  If you’d like us to refer you to someone we think can help, please contact our office.