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WHAT THE FAIR HEARING IS AND HOW TO REQUEST
IT WHAT IS A FAIR HEARING?
The right to a fair hearing is very important. The fair hearing
gives you an opportunity to challenge a decision made by DSS that
may be wrong or unfair to you. It gives you a chance to tell your
side of the story and if you win, to have DSS correct its mistakes.
Going to a fair hearing is a little like going to Court but not
as formal. A person called a hearing officer or ALJ (Administrative
Law Judge) acts as a judge. He or she will listen to both you and
the local DSS representative and decide who is right. The hearing
officer works for the New York State Department of Social
Services. Several weeks after the fair hearing, the State Department
of Social Services will send you a written decision saying who was
right and what action needs to be taken.
WHEN TO ASK FOR A FAIR HEARING
You have a right to ask for a fair hearing anytime you disagree
with an action that DSS takes on your case, such as stopping or
lowering the amount of your benefit.
Often a fair hearing can be avoided, especially in simple cases
of miscommunication or missing documentation. In these cases, it
may be worth it to speak to the caseworker, and if necessary, a
supervisor to attempt to resolve simple problems. But even in
these cases' protect your rights by immediately requesting
a fair hearing while you're trying to work the problem out.
If you are successful, you can always cancel the fair hearing later.
You can also ask for a fair hearing if you disagree with DSS about
the amount of or your eligibility for:
- Public Assistance
- Food Stamps
- Medicaid
- Services such as child care, homemaker or protective services
 Before
DSS can stop or lower your benefits, it must send you a
written notice or letter saying what DSS is going to do,
as well as why and when it is going to do
it. This is called a Notice of Intent.
When you get a notice from DSS saying your benefits will
be lowered or stopped, read it carefully. If you do not
understand what they are going to do or why, then call
your DSS caseworker right away. Ask your caseworker to
explain the notice. |
If you disagree with the reasons, ask for a fair hearing right
away. You have a right to a fair hearing anytime you disagree
with an action that DSS takes on your case.
For public assistance and Medicaid, you must ask for a fair
hearing within 60 days of the date on the notice. For Food Stamps,
you must ask for a hearing within 90 days of the date on the notice.
If you do not make your request on time, you may lose your right
to have a fair hearing.
HOW TO ASK FOR A FAIR HEARING
You may ask for a fair hearing by:
1. Calling 800 342-3334.
This number is often busy. Keep trying.
Ask for the name of the person to whom you speak. Always
keep a record of the name of the person to whom you spoke and
the date you called.
OR
2. Writing to:
New York State Dept. of Social Services
Fair Hearing Section
40 North Pearl Street Albany, NY 12243
OR
3. Fax your request to
: (518) 473-6735
If you ask for a fair hearing by mail or fax, keep a copy of your
letter. A sample letter looks like this:
| Date:___________,
New York State Department of Social Services
Fair Hearing Section
40 North Pearl Street
Albany, New York 12243
Dear Sir or Madam:
I would like to ask for a fair hearing for the following
reasons.-
(List all the reasons why you want a fair hearing here.
For example, "The Welfare office sent me a notice
saying that they were going to stop sending me my check
because they say I make too much money from my job. I
disagree. My earnings have not changed in any way.
The notice is dated February 1 1, 1993 and I have enclosed
a copy.")
Very truly,
Your Name
Address
Case Number
(Attach a copy of your Notice if you have one)
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