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Petition for Direct Appeal Granted

Topic: Direct Appeal, Decided by Judge Malihi 
Docket Number: 1933160 , Decision Date: 2019-04-30 
Attachment: Click here to download the decision. 

Petition for direct appeal to OSAH, pursuant to O.C.G.A. § 50-13-41(a)(1), was granted where petitioner had submitted a timely hearing request to the agency and more than ninety days passed without the agency referring the case to OSAH.

Student Not Placed in Least Restrictive Environment

Topic: Special Education, Decided by Judge Malihi 
Docket Number: 1920354 , Decision Date: 2020-01-21 
Attachment: Click here to download the decision. 

The School District denied the student a free appropriate public education under the Individuals with Disabilities Education Act (IDEA) because it did not place the student in the least restrictive environment.

Failure to Implement IEP

Topic: Special Education, Decided by Judge Malihi 
Docket Number: 1920101 , Decision Date: 2019-09-25 
Attachment: Click here to download the decision. 

The School District’s material failure to implement the student’s Individualized Education Program resulted in a denial of a free appropriate public education under the Individuals with Disabilities Education Act (IDEA).

Staged procedures may be covered by Medicaid where shown to be medically necessary.

Topic: Medicaid Eligibility, Decided by Judge Malihi 
Docket Number: 1737794 , Decision Date: 2017-08-25 
Attachment: Click here to download the decision. 

DCH erred by denying prior Medicaid authorization for a bilateral nipple/areola reconstruction and nipple tattooing procedure incident to bilateral breast reduction surgery, the fact that both procedures were not performed simultaneously notwithstanding, where the surgeon seeking Medicaid coverage for the procedure proved, through his own [..] Read More..

Drainage structure for airport taxiways may be constructed within fifty feet of trout stream.

Topic: Environmental Law, Decided by Judge Malihi 
Docket Number: 1740579 , Decision Date: 2017-10-11 
Attachment: Click here to download the decision. 

The Paulding County Airport Authority (PCAA) did not require a buffer variance in order to obtain coverage under a National Pollutant Discharge Elimination System permit for the purpose of piping a trout stream because the pipe constituted a roadway drainage structure and was therefore exempt from the [..] Read More..

Food stamp applicant presented sufficient evidence of recurring expenses for prescription drugs.

Topic: Public Assistance, Decided by Judge Malihi 
Docket Number: ******* , Decision Date: 2017-08-29 
Attachment: Click here to download the decision. 

Two printouts from medical insurance provider evidencing that a food stamp applicant made two payments for prescription medication in separate months and that each refill was for a 30 days’ supply, together with a note from the beneficiary’s doctor, sufficiently demonstrated that the applicant’s medical [..] Read More..

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