Arizona Developmental Disabilities Hearing Attorney

Arizona Developmental Disabilities Hearing

The attorneys with Chelle Law can provide an Arizona Developmental Disabilities Hearing Attorney to represent individuals before the Arizona Office of Administrative Hearings (OAH). The Arizona Department of Developmental Disabilities (DDD) is a program which is overseen by the Arizona Department of Economic Security (DES) that provides assistance to Arizona individuals with developmental disabilities. DDD provides services to those diagnosed with:

  • Autism
  • Cerebral Palsy
  • Cognitive Disability
  • Epilepsy

Adverse Benefit Determination

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.

Arizona Developmental Disabilities OAH Hearing

When held, an Administrative Law Judge (ALJ) will preside over the hearing.  The hearing isn’t as formal as a trial, but it’s similar. Each party presents evidence using documents or sworn testimony. The attorneys 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 reviews the transcripts, evidence and makes a recommendation to DDD.

Serious Mental Illness (SMI) Fair Hearing

A serious mental illness (SMI) is a diagnosis of a  mental disorder in an adult that is considered persistent and severe. Arizona Health Care Cost Containment System (AHCCCS) members can appeal a negative determination of a SMI.  You will receive a Notice of Decision from DDD acknowledging the SMI determination. A SMI appeal is similar to a DDD Hearing request.  The SMI State Fair Hearing is held before OAH.  Additionally, AHCCCS members diagnosed with a SMI can appeal individual parts of their treatment plan including:

  • Fees or waivers.
  • Recommended services.
  • Change in Non-Title XIX/XXI funds’ services.

If you have questions for our Arizona Developmental Disabilities Hearing Attorney or to learn more about the services we offer, contact Chelle Law today.