Enforcing the Rights of the Elderly and Disabled to Government Funded Health Care

Elder Law and Medicare PlanningIn New York State, Medicaid pays for the care of over 62% of nursing home residents. 55% of all persons with disabilities.  New York City and counties in New York state often short-change or outright deny long-term care benefits that are guaranteed by Federal and New York State law to the elderly or disabled who meet certain financial requirements.

At Bellin & Associates, we bring individual and class action litigation on behalf of elderly and disabled Persons who do not receive the medical and long term care to which they are entitled under government programs such as Medicaid. Aytan Bellin, an experienced litigator with a proven track record of success has:

  • Brought Litigation that led to the establishment of a New York State program that for first time provides expedited home care for persons who have immediate needs for such care.
  • Brought class action suits against New York State that forced the State to abide by federal time limits to deciding appeals of Medicaid denials.
  • Brought class action suits against the New York City Medicaid authorities for violating federal time limits on deciding Medicaid applications based on disability, that led to the hiring of hundreds of new Medicaid workers to process those applications in a timely fashion, the creation of a new computer system to track the progress of those applications, and the appointment of a troubleshooter to answer inquiries regarding the status of such applications.
  • Litigated case in the administrative tribunals of the New York State Department of Health that led to the establishment of the right of the elderly and disabled who receive Medicaid-funded home care to protect their monthly incomes so that it can to be used to pay their living expenses rather than their being forced into nursing homes.
  • Numerous successful appeals in New York State Department of Health Administrative tribunals that led to overturning of improper Medicaid denials.

Please contact us or call us at (914) 358-5345 for a consultation.