|
Neighborhood Legal Services, Inc. |
|
|
Neighborhood Legal Services, Inc. |
|
Fair Hearing
© 1997-2006 by Neighborhood Legal Services, Inc.
_____________________________________________________
New York State Office of
Temporary and Disability Assistance (OTDA)
Office of Administrative Hearings
P. O. Box 1930
Albany, New York 12201-1930
Telephone No. (716) 1-800-342-3334
Fax No. (518) 473-6735 (you will need a fair hearing request form available at this link.)
When do I request a Fair Hearing?
You must request a hearing about public assistance, HEAP, or Medicaid within 60
days of the date on the notice and 90 days for Food Stamp decisions. You should
request a
hearing immediately to avoid problems. If you are sent a new notice after you
requested a
Fair Hearing, make sure to call for a Fair Hearing on that notice too.
What should I include in my request for a Fair Hearing?
You should make sure to list every action the DSS has taken that you disagree
with.
The judge will only listen to the issues you listed on the request.
Will I still get my benefits while I wait for the hearing?
If DSS threatens to reduce your benefits or close your case, you can keep
getting your
full benefits while you wait for the hearing and decision. This is called "aid
continuing."
You must call for the hearing within 10 days of the date listed on the notice to
get aid
continuing. If you get aid continuing and lose the hearing, the benefits you
received after the
date of the notice will be an overpayment. If you are calling a hearing on a
denial of an
application, you cannot get any benefits until after you win the hearing.
What should I do while I wait for my hearing to be scheduled?
You may want to reapply for benefits while you wait for the hearing. It is
possible
that your benefits will begin from the new application prior to your hearing
date or decision
on the initial application.
When will the hearing be scheduled?
You will get a notice in the mail telling you when the hearing is scheduled.
Hearings
are usually scheduled for a date about 3 to 4 weeks after they are requested.
How can I get a hearing if I have an emergency?
If you have an emergency, ask for an "expedited" hearing. An emergency means
having no food, no heat in cold months, no electricity, or eviction or
homelessness. You must
explain your emergency. If your emergency is so serious that an expedited
hearing is not
fast enough, or if DSS will not give you an expedited hearing, call our office
at once.
What if I cannot attend the Fair Hearing?
If you cannot attend the Fair Hearing, you have several choices. 1) If
transportation
is a problem, you can ask for tokens at the Fair Hearing Office. (2) You may
appoint
someone who knows your situation to appear for you. This person must have
written
authorization from you and a letter from your doctor saying that you cannot
travel. (3) You
can ask for a home hearing if you are unable to leave your home due to medical
reasons. If
you ask for a home hearing, the agency can either decide in your favor or have a
hearing with
a speaker phone.
How do I get ready for the hearing?
You have the right to get what is called a "Fair Hearing Summary and Packet "
from
the DSS worker. This will include a paragraph about why the caseworker took the
action s/he
did, and copies of the documents s/he will bring to the hearing. You will have a
chance to
prove they are wrong. The agency is supposed to give you this in a reasonable
time after you
ask for it. You also have a right to see a copy of your file. It is best if you
look at it before
the hearing.
Your caseworker has to give you free copies of anything you need in the file.
You
should get any papers or evidence (such as medical reports, letters or sworn
statements) that
will help to prove you are right. You can also decide to bring along people who
will be
witnesses for you to help your case.
Where will I have to go for the hearing?
Hearings are held in an office on the 7th floor of the Rath Building,95 Franklin
Street,
Buffalo, New York. Hearings are held on a first-come, first-served basis,
beginning at 9:00
a.m. or 1:00 p.m. Get there one-half hour before the time on your notice. Be
sure to go to the
desk and sign in when you get there.
Who is at the hearing?
Hearings are held in a small room. You and your witnesses will be sitting at a
table. Your caseworker will be on the other side of the table. The hearing
officer will be in charge. Everything is tape recorded, so remember to speak
clearly.
First, the hearing officer will explain how the hearing will be done and what
the problem is. Be ready to explain in your own words why you called the
hearing. The worker tells his (her) side of the story. After that, you or the
hearing officer can ask him (her) questions. Next you tell your side, and the
worker or judge can ask you questions. Your witness can also speak and may be
asked questions. Remember, you have the right to be
treated with dignity and respect and to have a chance to tell your story.
Remember also to treat the judge with respect.
Can I get any help with expenses for going to the hearing?
Yes. Right after the hearing is over,
tell the office people you need to be paid back for travel expenses and/or child
care. They will tell you what to do to get your money.
What happens after the hearing?
After the hearing all the documents
are sent to Albany. You will get a written decision in the mail. If you have not
received it in about a month, you can call the Fair Hearing telephone number and
ask them where your decision is. If you win, DSS has to correct their mistake.
If this does not happen in a reasonable time, call the worker and Albany (ask
for the Compliance Unit).
