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Medicaid Appeal:
(attorney fees and costs case)
David
v. Goliath: One Client's Fight for Attorney Fees and Costs
(background article)
As Advocates for
folks dependent on needs-based public benefits, we all experience
repeated violations of the basic Constitutional rights of
due process. When due process rights are violated within the
course of the Medicaid eligibility process, or during the
administrative hearing phase, an award of attorney fees and
costs against the agency may be appropriate and necessary.
An individual that prevails at the administrative level should
request attorney fees and costs under the Administrative Procedures
Act. If the individual does not prevail at the administrative
level, and appeals the decision to the Circuit Court level
or higher, the prevailing party should consider state or federal
law for relief.
The need to enforce
the Constitutional protections of due process is necessary
in an effort to level the legal battleground for our clients
that rely upon public benefits. The system is difficult to
navigate and becomes even more of a struggle when the rules
are ignored by the administrative agencies. Consider the unlimited
legal representation and resources agencies have at their
beck and call, versus the limited resources of a beneficiary
on needs-based benefits. It is a very real time David v. Goliath
situation.
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