Results & Reviews

HRA
1. Client A was in an on and off relationship with her husband when she applied for Medicaid benefits in NYC. Her husband was making over $70,000 annually, but he was not providing her with any type of financial support, therefore, she did not put him down as part of the household even though they were legally married.

An investigation was started in NYC HRA, questioning the husband’s presence at the client’s address as well as his income. The claim for the family of 4 (mother and 3 children under 19) was $73,000. After multiple meetings with the investigator, Joseph Potashnik successfully reduced the amount to $45,000 (38% off) to be paid back in 120 months (10 years).

2. Client B’s income improved slightly ever year, but he failed to disclose his new income when it was time to recertify ever year.

Client B’s employer received a wage verification form and disclosed how much client B was actually making. One month later, client B received a letter from NYC HRA requesting an interview. Client B went in to the interview without legal representation and the investigator told him that the claim amount was $21,000 because of the income issue. Client B hired Joseph Potashnik who reviewed the CDR’s and argued for the investigator to send us new CDR’s because there was a period of time where client B would have qualified. The new claim was $8,000 and Joseph Potashnik reduced the settle amount to $5,000 in lump sum form (28% off).

Civil Litigation
1. On client A’s Medicaid application, she failed to report her assets in her checking and savings account which were over $20,000.

An investigation was opened in NYC HRA, but the offer for settlement was not ideal and the case was referred to civil litigation. Joseph Potashnik negotiated with the law firm and was able to reduce the claim amount from $26,000 to $12,000 (54% off), with a $6,000 down payment and the remaining to be paid off in 6 months.

2. Client B was originally a NYC resident, but moved to NJ. He would have qualified if he applied in NJ, but he did not do so because he thought that as long as he was still returning to the city on the weekends, he was still qualified for NYC Medicaid.

An investigation was initiated in NYC HRA and the claim amount turned out to be $75,000 for a family of 4 (mother, father, and two children under 19). The offer for settlement in HRA was not achievable by the client and the case was referred to civil litigation. Months of negotiating with the law firm led to a reduced amount of $28,000 (63% off) in lump sum form.

DA’s Office
1. Client A was receiving Medicaid benefits in NYC while residing in CT. Although he was qualified to receive Medicaid in CT, he did not change his information because he wanted to stay with his doctor in NY.

The case was referred to the District Attorney’s office and the client was charged with 3 class C felony charges. Joseph Potashnik successfully argued for no restitution payment and a violation (no criminal record).

2. Client B was a nursing student receiving Medicaid benefits. When she initially applied for Medicaid, she was working part time and had an on and off relationship with her husband. On her application, the client failed to put in her husband’s income because they were not living together although legally married. During the following years, she received her recertification for Medicaid, but checked off “no changes”, even though she was now a full time nurse in NYC and reconciled with her husband.

The case was referred to the District Attorney’s office and the client was charged with 3 class C felony charges. As a Medicaid fraud lawyer as well as a professional license defense lawyer, Joseph Potashnik knew how a criminal record would affect the client’s nursing license; therefore, he relentlessly fought for a violation with full restitution payment, community service hours and no jail time.

3. Client C was receiving a significant amount of cash income that was not reported on her Medicaid application.

The case was referred to the District Attorney’s office and the client was charged with 3 class D felony charges. Joseph Potashnik fought for and helped the client receive a violation (non criminal record) with full restitution payment and neither jail time nor community service.

4. Client D was a multiple property owner that was collecting about $6000 in rent every month. The client neither disclosed his assets nor the rental income on his Medicaid application.

The case was referred to the District Attorney’s office and the client was charged with 3 class C felony charges. Joseph Potashnik successfully negotiated for a class A misdemeanor with full restitution payment and neither jail time nor community service.