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Keeping Records
Preparation is the key to winning your fair hearing. If you go to
the hearing and are not able to remember important things (like who
you spoke to at DSS about your case and what was said, or you do not
have copies of papers you claim you gave your caseworker) then it
is less likely that the hearing officer will believe what you say
to be true.
It is important to keep good records, even a journal. These will
help you to remember what happened on your case and to prove it if
you have to go to a fair hearing. After all, the fair hearing is usually
held several weeks after you requested it; and by the time you get
to the hearing, you may forget something that was important about
your case.
TIPS ON KEEPING GOOD RECORDS
Keep a notebook for all contacts with DSS and always include
the date, the name of the person you speak to about your
case and what was said by both of you. If you give any papers
to DSS, always keep copies of them and ask for a
receipt. Put the copy in an envelope with the receipt and
keep it with your notebook. In your notebook, record the
date, what you gave to DSS, and who you gave it to or if
you mailed the papers. If you cannot get a receipt, make
a note of that in your book. The same goes for papers you
receive from DSS. Save them and the envelope they come in.
Note in your book what you received and when you got it.
Keeping a journal like this does not take much time, and
it will help you prove your case if you have to go to a
fair hearing. |
Reviewing Your Case File
You have the right to look at your whole case file before your hearing.
It is a good idea to do this. The case file usually contains more
documents and notes than the packet of documents sent to you by DSS.
Looking at your file allows you to see what is in your file and what
is missing. It also might help you to understand why DSS is doing
what it is and what proof it has to support its position.
To review your file you must:
In Nassau: Call the Fair Hearing Unit at 571-4402
In Suffolk: Call the Fair Hearing Unit at 853-8801
Tell the supervisor that you want to see your case file and when
your hearing is. Pick a time and date to see your file. It is best
not to wait until the day of your hearing to look at your file. On
the day of the hearing you may feel too nervous to study the file
carefully.
Look at your file as soon as your hearing is scheduled and write
down any information that you find in the file that may help your
case.
For instance, DSS may be stopping your benefits because they claim
you did not show up at your work project. The fact is, you were too
sick on that day and you called your caseworker. There may be some
notes in the file that your worker wrote that you can use to prove
that you called. Write this down and tell the hearing officer at the
hearing that your case- worker's notes are important and you want
the hear- ing officer to look at them.
Or suppose DSS has denied your application for assistance because
they claim that you failed to give them a letter from your landlord
stating the amount of your rent. However, you know that you gave your
caseworker a letter from your landlord stating the amount of your
rent but you forgot to keep a copy of it. It is always a good idea
to keep a copy of every document you give to OSS or at least
get a receipt. By looking at your file you may discover that the
letter was there and your caseworker overlooked it. Make a note of
it and tell the hearing officer at the hearing that you saw the letter
in your file. Ask him to look at it.
If you have not been allowed to look at your case file before the
day of the hearing, then tell the hearing officer at the hearing.
Usually, you will either be given time to read the file or the case
will be adjourned to a later date to give you a chance to prepare.
Ask for copies of important papers that you see in your file which
you think might help your case. You may have to pay for the copies.
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