SPECIAL PROBLEMS

IF YOU CANNOT ATTEND THE FAIR HEARING

If you cannot go to the fair hearing on the day it is scheduled, and you know this before the hearing date, call (877)-209-1134 to ask for an adjournment. You need to have a good reason like you have to work and can't get time off or you can't get a babysitter or your child is sick.

You also have the right to ask the hearing officer on the day of your hearing for an adjournment. Here again you will need a good reason, such as: DSS did not send the papers it will use at your hearing in time for you to prepare your case, or your witness is sick and cannot come to the hearing, or you would like to talk to a lawyer about your hearing. Tell the hearing officer why you need an adjournment. Make sure he has Turned on the tape recorder. He should tell you right then if he will give you the time you need. Write down what he says, especially if he gives you the new date and time to come back. It he grants you an adjournment, he will either give you a new hearing date while you wait or you will be notified of the new date in the mail. It is important to find out from the hearing officer whether your assistance will continue until the next hearing date. This may help you decide on whether you want an adjournment.

If you do not go to your hearing and you do not ask for an adjournment beforehand, then you will lose the hearing. However, you may still ask for another hearing within 15 days if you have a good reason for not appearing, like your car broke down or you were sick. When you ask for a new hearing, you must say that you want the fair hearing "rescheduled" or that you want a new fair hearing date. Mention the fair hearing number in "Box A" on the "Notice of Fair Hearing" that you received or your first fair hearing. You will have to explain why you did not show up at the first hearing.

IF YOU ARE DISABLED OR TOO SICK TO TRAVEL TO THE FAIR HEARING

If you cannot travel to the Department of Social Services for your hearing you may ask for a phone hearing in your home. Ask for this when you ask for your hearing. You will probably need a letter from a doctor stating why you cannot travel to the hearing. Home hearings usually take longer to schedule. If your benefits are going to continue this may not be a problem for you.

IF YOU CANNOT TAKE PUBLIC TRANSPORTATION TO THE FAIR HEARING

If you cannot take public transportation (a bus or train) to your hearing, you can ask DSS to pay for a taxi or ambuiette (whichever is needed) to bring you to the hearing. You must ask for this before your hearing date. To do so, call the Fair Hearing Supervisor to arrange the details.
In Nassau: 571-4402
In Suffolk: 853-8801

IF YOU WANT TO GET TRAVEL OR CHILD CARE EXPENSES FOR GOING TO THE FAIR HEARING

You have the right to be paid for your travel expenses (and those of your witnesses) to go to and from the fair hearing.

Also, if you had to pay someone to care for your children while you were at your fair hearing, you have the right to receive child care money. As proof, bring a letter from your babysitter stating that he or she cared for your child(ren) during the hearing and how much she charged.

At the end of the hearing, tell the DSS fair hearing represen- tative what your expenses have been and give that person any written proof you might have. If you are not reimbursed for your expenses, tell the hearing officer.

FOR PEOPLE WHO D0 NOT SPEAK ENGLISH OR ARE DEAF

For people who do not speak English or are deaf, and need an interpreter, the New York State Department of Social Services will provide one. A request for an interpreter should be made when asking for the fair hearing.

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