Public Assistance Cases Transferred to Erie County within NYS
© 1997 by Neighborhood Legal Services, Inc.
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How do I get my public assistance case transferred to Erie County?

     You have to fill out a new application at the Department of Social Services (DSS) offices on the first floor of the Rath Building, 95 Franklin Street in downtown Buffalo. To be sure there is no delay in getting your new case opened, you should apply as soon as you come to Erie County.

     Because you have just moved into Erie County, DSS may not want to accept your application. Remember that you have the right to apply, and your application must be accepted. You also have the right to receive a written decision on your application. DSS cannot force you to withdraw your application.

What do I need to bring with me?

     You should take whatever proof you have of your eligibility for public assistance (birth certificate, social security card, new phone and utility bills). Take your old Medicaid card or any paperwork you have from your last county of residence.

Will I be able to get benefits right away?

     It depends on when you moved into Erie County. Your old county is supposed to pay your cash benefits and Food Stamps for the month you moved as well as your cash benefit for the next month. For example, if you moved in January, your old county should pay you January's cash and Food Stamps. In February, your old county must pay your cash benefit, and Erie County must give you Food Stamps. In March, Erie County will give you both your cash benefits and Food Stamps. If the county you left is on the same computer as Erie County, you can use your benefit card to access your benefits. If the county is not, they must send your benefits to you by mail.

What if Erie County does not contact my old county for documents or benefits?

     You can call your old caseworker and ask for his or her help.

What happens if I am denied?

     You should receive a written notice of denial. If you have any questions about why you were denied, contact your caseworker, whose name and telephone number are written at the top of the notice. If you still believe the denial was wrong after talking to your caseworker, you can request a Fair Hearing. Notify NYSOTDA 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
Office of Administrative Hearings
P.O. Box 1930
Albany, New York 12201-1930
Telephone No. 1-800-342-3334 or (716) 852-4868
Fax No. (518) 473-6735 (you must have form from Albany)

What should I know about a Fair Hearing?

     You have 60 days from the date on the notice to ask for a Fair Hearing about public assistance and Medicaid and 90 days for a Fair Hearing about Food Stamps. Information about asking for a Fair Hearing is on the back of the notice.

     If you have any questions about Fair Hearings, please call our office at 847-0650. We will either send you information, or upon reviewing the facts you give us, we may decide to take your case.

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