On-Demand Video
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Appealing Adverse Decisions to the BHA and Beyond (2022 Elder Law Institute Session)

  • City:
  • Start Date:2022-07-21 20:00:00
  • End Date:2024-07-21 20:00:00
  • Length:
  • Level:Intermediate
  • Topics:Elder Law

$79.00 ProPass

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Overview

The freedom of the applicant or recipient to request a fair hearing is a fundamental right.  But how do you exercise that right on your client’s behalf? Tune in and hear practical tips on how and when to appeal an adverse decision from the County Assistance Office.  Learn the rules of preserving benefits during the appeal process, appealing nunc pro tunc, and how to file a grievance. Our presenters will provide you the “dos” and “don’ts” of entering into Stipulations, preserving eligibility dates, and appeals to the Secretary of the Department and the Commonwealth Court.

Recorded at the Elder Law Institute in July 2022.

Faculty

Mark J. Newell, Esq.

Mr. Newell is Senior Counsel with the Governor’s Office of General Counsel, Department of Human Services (“DHS”). He has been a member of the DHS Southeast Regional Legal Office for more than twenty-two years. Mr. Newell’s practice areas include Medical Assistance-Long Term Care (“MA-LTC”) and Special Needs Trusts (”SNTs”). Mr. Newell’s previous experience with DHS included working as an Administrative Law Judge for the Department’s Bureau of Hearings and Appeals. Mr. Newell is a member of the Pennsylvania and Philadelphia Bar Associations. He has previously lectured for PBI, bar associations and other entities on various issues associated with MA-LTC eligibility and SNTs. Mr. Newell received his B.A. from Temple University and his J.D. from the Temple University School of Law.

Anthony L. Marone, Esq.

Mr. Marone is a partner of Harvey, Ballard, and Bornstein, L.L.C. and has extensive experience representing elderly and disabled individuals in a variety of matters involving Medical Assistance benefits, wills and trusts, estate planning, decedents’ estates, guardianship, and Special Needs Trusts. He has pursued cases on behalf of his clients in a variety of forums including Orphans’ Court, Pennsylvania’s Commonwealth Court, Federal Court, as well as administrative hearings. He successfully litigated matters involving Medicaid Qualifying Annuities, Medical Assistance eligibility, eligibility of aliens for public benefits, distributions from Special Needs Trusts, and guardianships of intellectually disabled and mentally ill individuals. Prior to joining Harvey, Ballard, and Bornstein, L.L.C., Mr. Marone was a partner at McAndrews, Mehalick, Connolly, Hulse, Marone, and Ryan. He joined McAndrews in 2014 as an associate, focusing on elder law and Special Needs Trust matters, and was eventually named a partner. Prior to 2014, he was an Assistant Counsel in the Office of General Counsel to the Governor of Pennsylvania. For seven years he represented various agencies of the Department of Public Welfare and was the Department’s primary litigator and appellate attorney for both Medical Assistance Long-Term Care issues and Special Needs Trusts issues in all the counties of eastern Pennsylvania. He advised the Department on numerous policy decisions and reviewed multiple bills from the Pennsylvania Legislature. Mr. Marone was a sole practicing attorney in Philadelphia prior to joining the Department and has extensive experience in wills, estates, probate, guardianship, bankruptcy, and family law matters. Mr. Marone served as a member of the Pennsylvania Army National Guard from 1984 to 2007. His military specialty was intelligence analysis, and he held a top-secret security clearance. After the September 11th terrorist attacks, Mr. Marone was deployed overseas as part of Operation Enduring Freedom and was responsible for analyzing the threat situation, tracking terrorist activities, advising the Command on multiple operations, and security. He was also mobilized with the Pennsylvania Guard for every natural disaster in southeastern Pennsylvania from 1984 to 2007 and was deployed to Louisiana for Operation Katrina Relief. He retired from the military in 2007. Mr. Marone is an active member of the Pennsylvania Association of Elder Law Attorneys (PAELA). He was named the 2023 PAELA person of the year. Mr. Marone continually lectures at venues across Central and Eastern Pennsylvania. He is a frequent speaker on Special Needs Trust and Medicaid issues for the Pennsylvania Bar Institute and PAELA. Mr. Marone is a lifelong resident of Philadelphia. He is retired from the military and is a veteran. Mr. Marone remains active in veterans’ issues and is a member of several veteran’s organizations.

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