Policy History for  3.6.4 Reconsideration/Hearing

Release 07-06

3.6.4 Reconsideration/Hearing

Send Reconsideration/Hearing requests to:

Disability Determination Bureau

Medicaid Reconsideration Unit

P.O. Box 7886

Madison, WI  53707-7886.

Requests for Reconsideration/Hearing must be received by DDB within 45 days of the date of the Denial Notice.  Late requests cannot be honored.  DDB will notify the client that his/her request for a reconsideration/hearing has been denied if the client's request was not received by DDB within the 45 day deadline.

DDB will conduct a reconsideration of the denial.  If DDB reverses the decision to an allowance, the determination and folder will be sent to the IM Agency.

If DDB affirms the denial, a Reconsideration Denial notice will be sent to the applicant (a copy will be sent to the IM Agency) and the file will be sent directly to the Division of Hearings and Appeals, which will then schedule a hearing.

 If, in a fair hearing, a person is found to be disabled, and the hearing officer does not specify a date for review, contact DDB and request a date to review the disability.

 

3.6.4.1 Reversed disability denial decision

When DDB notifies the IM agency that a disability denial decision has been reversed (approved) as a result of a Reconsideration/Hearing request, the IM agency must redetermine the individual’s Medicaid eligibility.  

  1. Use the original Medicaid application filing date that was associated with the MADA decision that has now been reversed (approved).  
     

  2. Re-evaluate the client’s Medicaid eligibility for all months between the Medicaid application filing date (and 3 month backdate period if appropriate) and the date of the DDB approval.  For this retroactive period, certify the client only for those months for which they met all Medicaid eligibility requirements.
     

  3. Send the client a positive notice, advising them of the months of retroactive eligibility, and current ongoing eligibility if appropriate.  If the client was ineligible for Medicaid for some of the prior months, send the client a negative notice, advising them of his/her retroactive ineligibility for those specific months.
     

For these types of cases, the IM worker is simply doing what ordinarily would have been done if the original DDB decision had been approved, rather than denied.

 

3.6.4.1.1 CARES Processing

 

Based upon the assumption that the Medicaid CARES case has been closed for more than 30 days since the original denial decision date, you will now have to enter a new application in CARES using the application function.  Do not require the client to file a new application.  Use the recent DDB disability approval date as your Medicaid application filing date.  You should now be able to use CARES to determine and certify the current month’s Medicaid eligibility and up to 3 backdate months.  If you need to go back any further than this, do the eligibility determination and certification manually.           

 

 

This page last updated in Release Number: 07-05

Release Date: 07/10/07

Effective Date: 07/10/07