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Medicaid Fair Hearings ยท Brooklyn, NY

Medicaid Denied or Home Care Cut? You Can Challenge It.

Hoschander Law Office represents families at New York State fair hearings after a Medicaid denial or a cut to home care. The deadline runs from the date on your notice, so call as soon as the letter comes.

  • New York attorney since 1993
  • 25 years as a firm
  • Brooklyn office
  • 25 Years as a Firm
  • 1993 Attorney Admitted in New York
  • 6 Practice Areas
  • 60 Day Deadline on the State's Model Notice
Hoschander Law Office, Brooklyn, New York, written in brass type on a dark background
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Have a Medicaid notice?

How a Hearing Works

The Firm

25 Years as a Brooklyn Law Firm

Hoschander Law Office has been at this for 25 years. Real estate and bankruptcy are long-running parts of the practice, and matrimonial work is now most of it, mostly larger cases rather than small ones. The firm has also hired more attorneys for civil litigation, and it represents families at Medicaid fair hearings.

  • Abraham Hoschander, Esq., New York attorney registration #2551281
  • Admitted 1993, Second Department
  • Brooklyn Law School
  • 4902 New Utrecht Ave, Floor 2, Brooklyn
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Illustration of a Medicaid notice with the line: you have the right to appeal this decision
60 Days on the state's model notice

Why Call Early

The Clock Starts on the Date of the Notice

A Medicaid notice sets the deadline for what you can do about it. These are the rules that catch families out.

  • 60 days to ask for a hearing New York's model notice gives you 60 days from the date of the notice to ask for a state fair hearing. Check the deadline on your own letter.
  • Benefits can keep going Ask for the hearing before the effective date on the notice, and your benefits continue unchanged until the decision. A conference alone does not do that.
  • Plan cuts run differently If a managed long term care plan cut the service, you generally file a plan appeal first, within 60 days of the notice. Asking within 10 days can keep services going.
  • You can have a lawyer The notice says you can be represented by legal counsel at the hearing, bring witnesses, present evidence and question the people who appear.
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Illustration of four steps in a row: notice, request, file, hearing
4 Steps

How It Works

From the Notice to the Hearing

A fair hearing is a chance to tell an Administrative Law Judge why the agency's decision is wrong.

  • 1. Call with the notice We look at the date, who sent it and what it decided, then explain your deadlines.
  • 2. Request the hearing A request can go in by phone, fax, online or mail. The state then sends a notice with the time and place.
  • 3. Get the file and the evidence You have a right to see your case file and get free copies of documents. Medical records, letters and bills get pulled together.
  • 4. The hearing and the decision The judge hears the evidence and the state issues a written decision, which can order the agency to correct your case.
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FAQ

Frequently Asked Questions

Still have questions? Call the firm at (347) 435-3402.

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  • What is a Medicaid fair hearing?

    It is a chance to tell an Administrative Law Judge from the New York State Office of Temporary and Disability Assistance why you think a decision about your case by a local social services agency is wrong. The office then issues a written decision, which may order the local agency to correct your case.

  • How long do I have to ask for one?

    New York's model Medicaid notice gives you 60 days from the date of the notice. If a managed care plan made the decision, you generally file a plan appeal first, and then have 120 calendar days from the plan's final notice. Your own letter controls, so read its dates or call the firm with it.

  • Will my benefits stop while I wait?

    Not always. On the model notice, asking for a fair hearing before the effective date keeps benefits unchanged until the decision. A conference by itself does not protect them. If you lose the hearing, the agency may recover the cost of benefits you should not have received.

  • Can the firm help with a Medicaid application?

    Yes, for applications where assets are not the issue. If your question is mainly about assets, tell the firm on the first call so you get a straight answer about whether it is a fit.

  • Does the firm only handle Medicaid?

    No. Matrimonial work is most of the practice. The firm also handles bankruptcy, foreclosures, real estate and civil litigation.

  • How do I get started?

    Call (347) 435-3402. If you got a notice, have it with you when you call.

Hoschander Law Office

4902 New Utrecht Ave, Floor 2, Brooklyn, NY, 11219

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Where We Work

Based in Brooklyn, New York

Hoschander Law Office, 4902 New Utrecht Ave, Floor 2, Brooklyn, NY 11219. Call to set up a time.

Based in Brooklyn

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Talk To The Firm

Got a Notice? Call Before the Deadline Runs.

A Medicaid denial, a home care cut, a divorce or a house in foreclosure. Tell the firm what happened and what the paperwork says.

Contact Call 347-435-3402