After the Fair Hearing

WHEN DO YOU GET THE DECISION?

It usually takes 4 to 6 weeks to receive the decision after the fair hearing is held. If you had an Emergency Fair Hearing, you will usually receive the decision within 2 weeks. If you do not receive the decision within this time, you can call the State Department of Social Services at (516) 739-4868.

If you win your fair hearing, DSS must do what the decision says right away.

WHAT YOU DO IF THE DSS DOES NOT OBEY THE FAIR HEARING DECISION

If the DSS does not do what the fair hearing decision says, you should inform the New York State Department of Social Services in writing. Fill in the Request for Compliance paper that came with your decision or write a letter to:

New York State Department of Social Services, Compliance Unit
40 North Pearl Street
Albany, NY 12243

You may also call (516) 739-4868 and ask the New York State Department of Social Services for help and to make DSS obey the decision.

WHAT YOU DO IF YOU LOSE THE FAIR HEARING

You may have grounds to appeal the decision by bringing a lawsuit in court. However, not all decisions can be appealed. You will probably need a lawyer at this point.

A lawsuit must be started within four months from the date you get the fair hearing decision. Be sure to keep the envelope the decision comes in ... it may be important. It is also important to contact a lawyer as soon as possible after you get the fair hearing decision to see it there are any grounds to appeal it.

If you can not afford to pay for a lawyer go back to our Home Page to obtain information on how to obtain free legal assistance.

Table of Contents | Back | Next