Arizona DES Hearing Attorney

Arizona DES Hearing Attorney

The attorneys with Chelle Law can provide an Arizona DES Hearing Attorney to represent individuals with DES is before the Arizona Office of Administrative Hearings (“OAH“). The Arizona Department of Economic Security (“DES“) works to ensure that every adult, child, and family in Arizona is physically and emotionally safe and attempts to provide some economic security.  DES oversees:

Hearings with the Arizona Office of Administrative Hearings

If a hearing is held at OAH, it is presided over by an Administrative Law Judge (“ALJ“).  The hearing is not as formal as a trial, but it is similar. Each party will present evidence using documents or sworn testimony. The attorneys will provide an opening statement and a closing argument which should explain why the judge should rule one way or the other. Your attorney can cross examine witnesses and testify on her own behalf. After the hearing, the ALJ will review the transcripts, evidence and make a recommendation to the Arizona Agency.

Arizona Adult Protective Services Hearing

Arizona Adult Protective Services (APS) has the responsibility to investigate allegations of abuse, exploitation and neglect of vulnerable adults. APS will investigate claims of abuse or neglect of adults including not providing food, shelter, health care, mismanaging personal finances, etc. The APS Registry is a database which contains the name and date of birth of people with substantiated claims of abuse, neglect or exploitation of a vulnerable adult.  Also included in the APS Registry is the nature of the allegation made and the date and description of the disposition of the allegation. A substantiated claim is then sent to the Arizona Office of the Attorney General for guidance.  At this point the individual has the right to request an administrative hearing; however, if they choose not to appeal their name is placed on the APS Registry.

Arizona Department of Child Safety Hearing

Once an allegation of abuse is filed with the Arizona Department of Child Safety an investigator is initiated.  After the investigation is completed DCS staff determines whether evidence exists to support that the allegations are substantiated.  As an administrative agency DCS must find that the evidence shows it is more likely than not that the abuse took place. This is a lower standard of proof than in a criminal proceeding which requires beyond a reasonable doubt. After DCS completes an investigation, a letter is sent stating whether the claim is substantiated or not.  If the allegation is substantiated the individual has the right to request an administrative hearing; however, if they choose not to appeal their name is placed on the DCS Registry.The Central Registry is a database which contains the name and date of birth of people with substantiated claims of abuse, neglect or exploitation of a child.  Also included in the Registry is the nature of the allegation made and the date and description of the disposition of the allegation. If an appeal hearing is requested, the Protective Services Review Team (PSRT) will review the investigation’s findings of DCS.  If the PSRT disagrees with the decision made by DCS, the allegation will not be substantiated.

The Central Registry is a database which contains the name and date of birth of people with substantiated claims of abuse, neglect or exploitation of a child.  Also included in the Central Registry is the nature of the allegation made and the date and description of the disposition of the allegation. If the allegation is substantiated the individual has the right to request an administrative hearing; however, if they choose not to appeal their name is placed on the Central Registry.

Arizona Unemployment Benefits Hearing

When an individual is laid off from their job they can file for unemployment. However, in Arizona, there is a good chance there will be an initial denial of the claim. This means individuals may then need to file an Arizona unemployment benefits appeal. If you are denied unemployment benefits, you have the right to file an appeal. You must file your appeal within 15 calendar days from the mailing date of the determination of eligibility.  Your employer may also appeal a determination regarding your eligibility.  Once your appeal is processed you will receive a Notice of Hearing. You can expect this anywhere between 3 to 6 weeks after the appeal has been received.

AHCCCS Fair Hearing

An AHCCCS Fair Hearing Attorney may be necessary if an applicant faces denial of benefits or services. The Arizona Health Care Cost Containment System (AHCCCS) is the medicaid agency that offers health care programs which serves certain Arizona residents. An individual who is denied benefits or services by AHCCCS or the Arizona Department of Economic Security (“DES”) has the right to an appeal.  Applicants to AHCCCS must meet income requirements and and other obligations  to obtain health care services. However, if benefits or services are denied, and you will likely want to appeal your denial.  An appeal is a request for AHCCCS to reconsider or modify a decision. A common referral of a decision by AHCCCS is “an action.”  An action can include a denial, discontinuation, reduction or suspension of benefits or services.  Any individual who has received a Notice of Adverse Action by AHCCCS may request an appeal with OAH.

Division of Developmental Disabilities Hearing

If you receive an Adverse Benefit Determination letter from DDD indicating a denial, reduction, suspension or termination of benefits you can request an appeal to DDD’s Office of Administrative Review.  If the appeal is denied by the Office of Administrative Review then you must request a state fair hearing with OAH.

If you have questions for our Arizona DES Hearing Attorney and would like to learn more about the services we offer contact Chelle Law today.