How to Prove Your Case 

Gathering Documents and Witnesses

At the fair hearing you have to prove to the hearing officer that what you say is true. Often it is not enough to just say that it is true. You may have to bring papers or witnesses to the hearing to support what you are saying.

For example, you may need to bring:

• rent receipts
• LIPA bills
• paystubs
• a doctor's note
• a list of real estate brokers you have called

You may also bring people such as neighbors, relatives or friends to be witnesses at the hearing it they have important information about your case.

The hearing officer has the power to order any person to come to your fair hearing who can help your case. You have to tell the hearing officer if there is someone you want to be at your hearing who will not come. The hearing officer can issue a subpoena which will order the person to be there.

If you know someone who has important information about your case, but cannot be at the hearing, ask the person to write a letter explaining what he or she knows about your case. The person should sign the letter and have it notarized, if possible.

An example may be helpful here. Let's say your application for public assistance was denied because DSS claims that a man lives in your home and gives you enough money each month for your family. However, this is not true and you have requested a fair hearing.

At the fair hearing, tell the hearing officer that this is not true. Unfortunately, this may not be enough to win your case. Try to get some other proof. You might try to have the man who DSS claims is living with you come to the hearing or write a letter stating that he does not live with you. If he is not willing to cooperate and you want him to be at the hearing, then you could ask the hearing officer to issue a subpoena which would order him to come to the hearing.

You could also ask friends or neighbors who visit your home either to come to the hearing or write a letter, stating who lives with you. Maybe you have a lease that lists all of the people who live with you in your apartment. You could bring the lease to the hearing to show the hearing officer.

If Your Problem Is Resolved Before the Fair Hearing

Sometimes after you have asked for a fair hearing, DSS will decide that you were right and DSS was wrong. DSS may then tell you that it will "resolve" your fair hearing problem. This means that you have won the fair hearing on that particular problem.

Someone from DSS may call or write to you to say that your hearing has been "resolved" and that you do not have to appear at the hearing. You may also be asked to withdraw your request for the fair hearing. Ask for the person's name and job title. You do not have to agree to withdraw your request. Instead, you may still show up at the hearing and speak to the hearing officer.

It is a good idea to go to the fair hearing as scheduled. Although your problem may be "resolved" before your hearing, if you do not show up, you will be marked as having "defaulted" or lost. This could mean that even though DSS admits they were wrong, DSS will take whatever action it intended to take when you requested the fair hearing.

Even if the problem is "resolved", you still have the right to go to the fair hearing to see the hearing officer and ask him to turn on the tape recorder and record that you won. If DSS says that it will do something for you, tell the hearing officer and that will be recorded, too. This will only take a few moments and will protect your rights.