Practice Areas
Brooklyn Medicaid Fair Hearing Lawyer
For Brooklyn families facing a Medicaid denial or a cut to home care. Hoschander Law Office represents people at New York State fair hearings, and helps with Medicaid applications where assets are not the issue.
A letter from Medicaid or a home care plan feels final. It usually is not. New York gives people the right to challenge these decisions at a state fair hearing, and many of the rules that matter most are printed on the notice itself.
Hoschander Law Office represents families in Brooklyn at fair hearings after a Medicaid denial or a cut to home care.
What is a fair hearing?
A fair hearing 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 is wrong. The office then issues a written decision saying whether the decision was right or wrong, and that decision may order the local agency to correct your case.
At the hearing you, your attorney or other representative can present written and oral evidence, question the people who appear, and bring witnesses.
Which deadlines apply to you?
It depends on who made the decision. Look at who signed the letter, then read the dates.
| Who decided | First step | Deadline to act | To keep services going |
|---|---|---|---|
| Local social services agency | Ask for a state fair hearing | 60 days from the date of the notice (model notice) | Ask before the effective date on the notice |
| Managed care plan | File a plan appeal | 60 days from the date of the notice (model handbook) | Ask within 10 days of the notice or by the intended effective date, whichever is later |
| Managed care plan, after its final notice | Ask for a state fair hearing | 120 calendar days from the final notice (model handbook) | Ask within 10 days of the date on the final notice |
These come from the state’s model notice and model plan handbook. Your own letter controls. If its dates differ, go by the letter and call right away.
The full walkthrough is in our guide to asking for a fair hearing after a Medicaid denial, and the rules on benefits are in keeping benefits while you wait.
What changed in home care on September 1, 2025?
On September 1, 2025, New York’s Minimum Needs Requirements took effect for Personal Care Services, consumer directed care and new enrollment in Managed Long Term Care. People now seeking these services must be assessed as needing at least limited assistance with physical maneuvering with more than two activities of daily living. For people with a dementia or Alzheimer’s diagnosis, the test is at least supervision with more than one.
People who were already authorized or enrolled before that date keep legacy status and continue under the earlier criteria. Whether someone has legacy status, and how an assessment was scored, can both matter. Read more about Managed Long Term Care and CDPAP.
Medicaid applications without assets
The firm also helps with Medicaid applications where assets are not the issue. Most of these are about getting the file complete and in on time. If your family’s question is mainly about assets, say so on the first call and you will get a straight answer about whether it is a fit.
What happens after you ask?
The state sends a notice with the time and place of the hearing. You have a right to look at your case file and to get free copies of documents ahead of time. If the decision goes your way and the agency does not follow it, you can submit a Compliance Complaint.
Sometimes the question is not Medicaid at all but who can legally act for a parent or an adult child. Our guide to guardianship in New York explains the two main kinds.
Call (347) 435-3402, or contact the firm. Have your notice with you.
- Medicaid denials
A local agency denied the application or stopped coverage. New York's model notice gives you 60 days from its date to ask for a state fair hearing.
- Home care cuts
A plan reduced or ended home care hours. You generally file a plan appeal first, then have 120 calendar days from the plan's final notice to ask for a hearing.
- Keeping services going
The timing of your request can keep benefits in place until there is a decision. The window is short, and it is the first thing to check on the notice.
- Applications without assets
Medicaid applications where assets are not the issue. If your question is mainly about assets, say so on the first call.
FAQ
Brooklyn Medicaid Fair Hearing Lawyer Questions
Still have questions? Call the firm at (347) 435-3402.
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 by a local social services agency is wrong. The office 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 60 days from the date of the notice. After a managed care plan's final notice on an appeal, the plan handbook gives 120 calendar days. Your own letter controls, so read its dates carefully.
Can I keep my benefits while I wait?
On the model notice, asking for a fair hearing before the effective date keeps benefits unchanged until the decision. If a plan is reducing or ending an authorized service, the handbook says to ask within 10 days of the notice, or by the intended effective date if that is later, to keep it during the plan appeal. If you lose, you may have to repay the cost of those services.
Do I need a lawyer for a fair hearing?
You do not have to have one. The notice says you can be represented by legal counsel, a relative, a friend or another person, or represent yourself. It also says you may be able to get free legal help from your local Legal Aid Society or another advocate group.
What should I bring when I call?
The notice itself comes first. Then anything that helps explain your case, like the items the state lists: paystubs, receipts, medical bills, heating bills, medical verification and letters.
What if the agency does not follow the decision?
If a fair hearing decision says the agency should do something and you believe it has not, you can submit a Compliance Complaint to the state, online, by mail, by phone, by fax or in person.
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For Brooklyn families facing a Medicaid denial or a cut to home care. Hoschander Law Office represents people at New York State fair hearings, and helps with Medicaid applications where assets are not the issue.