Most families would prefer to settle their child’s matter without going to a hearing. Our litigation approach bears this preference in mind, which is why we proactively "frontload" our cases before we even file for due process. A settlement often is the preferred option for families, as it eliminates the risks associated with litigation and spares families and witnesses from having to testify at a hearing. However, pursuing a settlement might not continue to be the recommended course of action if significant delays are being encountered that are likely to prejudice or otherwise adversely affect the student or his or her family. Moreover, some Impartial Hearing Officers will require a case to be tried even when that case is in process for settlement. Our firm’s “two-track” approach enables us to pursue settlements when and where appropriate. It also allows our office to recommend changing course and proceeding to a hearing if the settlement process appears to be dragging. Accordingly, when we make that recommendation, we do so on a case-by-case basis.

Each child’s situation is unique; in some instances, proceeding to a hearing might provide your family with the relief you are seeking faster and more efficiently than if you were to continue pursuing the settlement process.

We know that just winning or settling a case is the beginning of the recovery process. We are proud that our reimbursement efforts, spearheaded by Reimbursement Specialist Eric Tacher, usually enables our families to begin to see payments within 45-60 days of a signed settlement by the Comptroller. Whether your child is approved for a ten-month or twelve-month program, we know that the timing of reimbursement submissions and other related activity is critical.