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Appealing SODs: Avoiding the Trip to Madison
By Attorney Bob Lightfoot with Murphy Desmond S.C.
Wanting to appeal that Statement of Deficiency but dreading the trip to Madison as you go through the appeals process? Don't! Did you know that in most instances you can appeal that Statement of Deficiency (SOD) and work your way through the state appeals process without a trip to Madison? It's true!
The first step in appealing that SOD is to file your appeal letter with the Division of Hearings and Appeals (DHA) in Madison within ten days of the date you received your SOD and accompanying cover letter. Normally the appeal letter is just mailed. No trip to Madison. Next, you will receive a series of letters consisting of notice of receipt of your appeal letter, assignment of an Administrative Law Judge (ALJ), and Notice of Appearance by the DHFS Office of Legal Counsel. No trip to Madison.
Next, you will receive a letter from the ALJ scheduling a "pre-hearing conference". Here comes the trip to Madison, right? Wrong! The pre-hearing conferences are conducted by the ALJs all by telephone. From the comfort of your cozy assisted living home, you can participate in the pre-hearing conference with the ALJ and the Office of Legal Counsel to discuss primarily procedural matters such as whether a hearing should be scheduled, prospects for settlement, and the like. No trip to Madison.
Next, you will likely engage in some sort of settlement discussions with the Office of Legal Counsel. Possible trip to Madison but not required! I generally recommend a face-to-face meeting with the State (yes, a trip to Madison) only if the issues involved in your appeal are complex, of an extremely serious nature (such as abuse) or if there is additional documentation you wish to provide requiring explanation or clarification not easily accomplished over the phone. That being said, the majority of settlement discussions can easily be handled over the phone. No trip to Madison.
The vast majority of assisted living appeals end up settling through a Stipulated Settlement Agreement reached with the Office of Legal Counsel. No trip to Madison. However, if you cannot reach a mutually agreeable settlement, you are probably going to hearing and a trip to Madison is in your future. Now, Madison is a great place to live and work. And you shouldn't be too discouraged about making a trip to our fair city to work on your appeal, take in some shopping, a nice meal, a little nightlife or the protest of the day on the Capitol steps. But you should know, appealing your SOD usually means: No trip to Madison!