New guide to appealing Developmental Disability denials

Has someone you know received notice that he or she is not eligible for services?

Is someone you know about to lose services after an eligibility review?

You can help your family member or friend challenge a Developmental Disability Services Denial or Termination.

You can represent your family member or friend in the appeal process!

DRO has published a new guide to appealing these decisions:The Developmental Disability Eligibility Appeal Process (PDF format)

 


 

More about what’s in the guide:

If a person disagrees with a decision denying or terminating Developmental Disability services, he or she has the right to appeal that decision by asking for a hearing with an Administrative Law Judge (ALJ). A person can be represented at the hearing by a lawyer or by a non-lawyer, such as a parent or friend. This guide is intended for non-lawyers who want to help a family member or friend appeal a notice of ineligibility for services.

Part One of this guide (The Hearing Process) tells you about:

  • The deadline for requesting a hearing
  • How to request a hearing
  • How to request that services continue until the hearing decision
  • How to get ready for the informal conference and the hearing
  • What to expect at the informal conference and hearing and afterward

Part Two of this guide (Intellectual Disability and Other Developmental Disability) discusses:

  • Eligibility criteria for qualifying for services based on:
    • Intellectual disability
    • Other developmental disability

Part Three of this guide (Adaptive Behavior) explains:

  • What “adaptive behavior” is
  • How adaptive behavior is measured and scored
  • What it means to have a “significant impairment in adaptive behavior”
  • What it means to “require training or support similar to that required by individuals with intellectual disability”

Part Four of this guide (Common Problems in Establishing Eligibility) discusses:

  • Some of the common reasons why people who are eligible may be found ineligible for services
  • What you can do in these situations

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