About the Course
Introduction
This CLE webinar will discuss how to challenge Medicaid eligibility denials, transfer penalties, resource and income determinations, benefit reductions, agency delays, and other unfavorable Medicaid determinations. The panel will discuss how to analyze the agency's decision and identify grounds for appeal, develop the record, prepare and present the fair hearing case, and preserve issues for further review.
Description
Medicaid eligibility decisions often involve complex details about asset transfers, resources and income, trusts, annuities, and required documentation. Counsel must understand the basis for the decision and determine how best to challenge it, whether the determination resulted in an application denial, a transfer penalty, benefit reduction, or another agency result.
After an adverse decision, it becomes critical to review all hearing rights and deadlines, obtain and analyze the agency file, identify controlling law and regulatory standards, and marshal evidence to support the client. Counsel must also determine whether it is possible to continue benefits, expedite reconsideration, or reach a different resolution before the hearing. Finally, counsel must prepare and present the case at the proceeding and preserve any issues for further review.
Listen as our authoritative panel examines strategies for challenging adverse Medicaid determinations, preparing and presenting fair hearing cases, building an effective record, and preserving issues as needed for further review.
Presented By
Mr. Rosenzveig received his Juris Doctor from the Benjamin N. Cardozo School of Law in May 2011, and has been practicing law with the firm since August 2011. During his summers while in law school, he interned with the United States Commodity Futures Trading Commission in New York and with the Securities & Futures Commission in Hong Kong, China. Mr. Rosenzveig is licensed to practice law in the states of New York and New Jersey, and is a member of the New York State Bar Association (NYSBA), NYSBA’s Elder Law section, and the National Academy of Elder Law Attorneys (NAELA).
As an attorney with a strong background in financial matters, Ms. Schildgen is a go-to resource for families looking to preserve their assets and plan for the future. Her experience in the strategic aspects of tax planning, proper estate planning and administration, and Medicaid planning consistently helps clients avoid litigation and future problems. Ms. Schildgen has helped countless clients navigate Medicaid’s complex rules and regulations to achieve the most favorable results and obtain benefits without spending down their savings. She also assists family members in administering a wide range of estate planning matters, including probate, guardianship and trust issues, guiding them to ensure that each fulfills their fiduciary duties and properly administers assets for their beneficiary or ward.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, November 18, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Medicaid appeal and fair hearing framework
II. Challenging Medicaid eligibility and benefit determinations
III. Preparing for the fair hearing and building the record
IV. Presenting the fair hearing case
V. Hearing decisions, further administrative remedies, and judicial review
VI. Practitioner takeaways
The panel will review these and other key issues:
- Identifying appealable Medicaid determinations, hearing rights, and deadlines
- Challenging transfer penalties, resource and income determinations, documentation disputes, and agency delay
- Developing evidence, the record, and presenting the case at the fair hearing
- Preserving issues and evaluating further remedies
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