Dealing with Medicaid can be an arduous process. If you filed a claim and have been denied, it does not mean that you have to accept that decision and carry on. You have the right to appeal, and an experienced Medical appeals attorney can help you understand what your options are and what rights you have under the law.
Vick Law, P.C. is a firm with extensive experience in the realm of elder law and Medicaid appeals. Attorney Thomas A. Vick is committed to working on behalf of individuals and families in these areas and will do everything he can to help you get the Medicaid benefits that you deserve.
Thomas is an accredited attorney whose membership in ElderCounsel and the ISBA Elder Law Section allows him to stay on the cutting edge of elder law and Medicaid appeals. He can assess the unique details of your case and let you know what steps you can take to move forward. Vick Law, P.C. is proud to serve individuals from Indianapolis to Martinsville — including those in Plainfield, Bargersville, and Franklin, Indiana. If you want to learn more about how he can help with your situation, call today to schedule your own case evaluation.
The two most common reasons that Medicaid claims are denied are because of an individual’s income or assets. The requirements per state often vary, but an excess in amount will typically lead to a denial. There can also be a partial denial based on Medicaid’s “look-back” rule. This rule involves assets that were gifted or transferred.
Some people will transfer their assets to loved ones in order to meet these income requirements, but don’t realize that Medicaid will look back into the near past to see if this was done purposefully to meet certain requirements. Those assets will still count against the applicant in this case. This is why working with an experienced Medicaid planning attorney during the planning process is so important, as it can help you avoid this kind of penalization.
Additionally, there may also be errors committed by either the applicant or the caseworker. According to recent estimates, as much as 25% of all Medicaid denials can be traced back to an error made by the applicant or caseworker — so it is absolutely critical that you have someone that you trust working on your claim.
Even though you were denied, you do have the right to appeal the decision. In addition to appealing the Medicaid denial, you can also request a reversal or re-apply for the Medicaid benefits you need. Again, working with an attorney to figure out the best route for you can significantly improve your chances of a successful appeal.
For options such as the re-application, it may set the date of your benefits back to a later time, so you’ll want to be sure that this is truly the best option for you and your circumstances.
When it comes to an appeal, the applicant will have 30 days to respond, which is outlined in the denial letter. It is important that you keep this and any other deadlines in mind if you decide to appeal the denial.
Your denial letter will have instructions on how to appeal your denial and your attorney can walk you through that process as well. You can file an appeal either online, by phone, or by mail using the appeals form.
Once you have filed for an appeal, the next step is to wait for a hearing to be scheduled. At the hearing, an Administrative Law Judge will preside over your case and your attorney will argue on your behalf as to why the agency made an incorrect decision. This is when an experienced attorney working on your side can make all the difference in your appeal.
The Medicaid process can oftentimes seem complex and confusing. Having an experienced elder law attorney on your side to file your appeal can help simplify the entire process. Vick Law, P.C. has been helping individuals and families in all areas of elder law for years, including Medicaid, Medicaid planning, and Medicaid appeals. If you have been denied your Medicaid claim and live in Greenwood, Indiana, or in the surrounding areas of Indianapolis, Martinsville, Plainfield, Bargersville, or Franklin — reach out today to schedule your own free consultation!