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Neighborhood Legal Services, Inc. |
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Neighborhood Legal Services, Inc. |
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Requesting a Fair Hearing
© 1997 by Neighborhood Legal Services, Inc.
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When should I request a Fair Hearing?
If you think a decision by the Department of Social Services (DSS) is wrong, ask for a Fair Hearing immediately. You must ask for a hearing within 60 days of the decision for cash assistance and Medicaid and HEAP, and within 90 days for Food Stamps.
How do I request a Fair Hearing?
You can request a Fair Hearing by notifying NYSDSS by telephone, fax, or mail that you want a Fair Hearing. You can write on the back of your notice the reason for requesting the hearing. If you phone, get the name of the person you speak to. If you write, send your letter by certified mail and keep a copy. The correct address is:
New York State Office of Temporary and Disability Assistance
Fair Hearings
P.O. Box 1930
Albany, New York 12201-1930
Telephone No. 1-800-342-3334
Fax No. (518) 473-6735 (you must have form from Albany)
If you call, expect to be put on hold for a long time. If the line is busy, keep trying. Be sure to explain all of the reasons why you are requesting a hearing.
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 at the top of the notice to get aid continuing. If you get aid continuing and lose the hearing, the benefits you received after the effective 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. 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. Hearings are held on the 7th floor of the Rath Building, 95 Franklin Street, the same building DSS is in.
What if I have an emergency and can't wait for a hearing?
If you have an emergency, ask for an "expedited" hearing. This includes having no food, no heat in cold months, no electricity, or if you are about to be evicted or homeless. You must explain your emergency. Expedited hearings are usually held within one week of the request.
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 that special transportation arrangements be made for you. (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 ask for a home hearing, the agency can either decide in your favor or have a hearing with a speaker phone.
