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Pursuant to the court order in Fishman v Daines, 09-CV-5248 (E.D.N.Y. April 6, 2011), upon the default of a hearing requested to contest the adequacy, denial, reduction, restriction or determination of Medicaid benefits (MA-only), the Office of Administrative Hearings (OAH) will issue a letter entitled Fishman Default Letter (FHIS Letter 16) to the appellant and the appellant’s representative. The date of the letter will be the mailing date, approximately two business days after the default is entered in the Fair Hearing Information System (FHIS).
The Fishman Default Letter will instruct clients who wish to have their hearing rescheduled to return the letter by U.S. Mail within 10 days of the date of the letter.
Communication Intake Unit (CIU) staff will not review whether the appellant had good cause to default the hearing; the good cause determination and the determination whether to restore aid-to-continue will be made by the Administrative Law Judge at the Fair Hearing.
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