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INTRODUCTIONMost people on public assistance have had problems with their benefits at one time or another. There are all kinds of errors which the local Department of Social Services (DSS) can and does make. Those mistakes frequently mean that people who are already getting too little will get even less.
In this state, fair hearings are run by the New York State Department of Social Services -not by the local DSS which might have made the mistake in the first place. Decisions are often made in favor of the person, not the local DSS. In fact, most people win their fair hearings. In 1985, more than 75% of the hearing decisions were in favor of the welfare recipient or applicant. With all of these successes, it is clear that decisions made by DSS employees should not be considered final. They can be questioned, and in many cases they can be overturned. People often represent themselves at fair hearings. They do not have lawyers because there are not enough Legal Services or Legal Aid lawyers to go around. This guide was prepared to help those people who represent themselves at fair hearings and for those individuals and community advocates who assist their friends or clients at fair hearings. While the success rate for people who have a fair hearing is very high, we suspect it can be even higher. We also hope to encourage people who have been afraid to try the fair hearing process. After all it can be somewhat frightening ... but not if you know what you're doing. This guide will help those people who represent themselves or others at fair hearings by explaining how to request a fair hearing, how to prepare for it, and what to expect along the way. It will assist in presenting a clear and complete description of the case at the hearing. For the fair hearing system to be helpful, it is important for those using it to be as familiar with its operation as possible. We do not guarantee success, but we trust the reader will come away with a better understanding of what to expect and how to deal with the problems as they arise. For those who have problems or questions along the way, we advise that they check with a local legal services office. |
Until
1970, there was very little a person could do to make sure that DSS corrected
its mistakes. In that year, however, the United States Supreme Court decided
that the United States Constitution gives people the right to appeal decisions
of the local welfare department. The Court said that people had the right
to have a hearing where they could tell their side of the story and that
the hearing must be held in a fair and just manner. In New York State
those hearings are called fair hearings.