Court Cases (Pleadings & Appellate) « Patti’s Publications

Court Pleadings:

• Brief in Support of the Continuation of the Special Needs Trust
• Brief Regarding Approval of Co-Trustee and Attorney Fees
• John Sullivan Update (December 2008)
  I represented John Sullivan in an appeal seeking more state funding for Mr. Sullivan. For more info on this case, see Medicaid Does Not Have to Find In-Home Services, Judge Rules and Ruling Won't Force In-Home Medicaid.
• Memorandum – In Support of Petition for Protective Order (re Pooled Accounts Trust)
• Opinion & Order (re Petition for Review)
• Petition for Reimbursement of Attorneys Fees
• Petitioner's Brief for Judicial Review (redacted) (PEKD & Assoc.)
  A Michigan Circuit Court brief regarding a client's request to use Medicaid-funded self determination benefits to facilitate his move to another state.

Appellate Pleadings:

• Medicaid Appeal: (attorney fees and costs case)

  David v. Goliath: One Client's Fight for Attorney Fees and Costs (background article)

  As Advocates for folks dependent on needs-based public benefits, we all experience repeated violations of the basic Constitutional rights of due process. When due process rights are violated within the course of the Medicaid eligibility process, or during the administrative hearing phase, an award of attorney fees and costs against the agency may be appropriate and necessary. An individual that prevails at the administrative level should request attorney fees and costs under the Administrative Procedures Act. If the individual does not prevail at the administrative level, and appeals the decision to the Circuit Court level or higher, the prevailing party should consider state or federal law for relief.

  The need to enforce the Constitutional protections of due process is necessary in an effort to level the legal battleground for our clients that rely upon public benefits. The system is difficult to navigate and becomes even more of a struggle when the rules are ignored by the administrative agencies. Consider the unlimited legal representation and resources agencies have at their beck and call, versus the limited resources of a beneficiary on needs-based benefits. It is a very real time David v. Goliath situation.

  * Petitioner's Brief on Appeal
  * Appellant's Responsive Brief
  * Counter Response to DHS
  * Affidavit Regarding Fees
  * Respondent's Supplemental Brief Opposing Award of Fees or Costs
  * Response to Respondent's Brief Opposing Fees or Costs
  * Respondent's Post-Hearing Brief Opposing Award of Fees or Costs
  * Order (5-22-09)
  * Settlement Check