The Fair Hearing Division

The Fair Hearing process lets you have the opportunity to tell an Administrative Law Judge (from the New York State Office of Temporary and Disability Assistance) why you think a decision made by the local social services agency on your case is wrong. Once the hearing is completed, the Office of Temporary and Disability Assistance issues a written decision stating if the agency was correct or in error.

What are some of the reasons why you might need a Fair Hearing?
You have the opportunity to request a Fair Hearing on any action the local agency may make on your case. This includes, but is not limited to, reductions, denials, determinations of employability, and restrictions on any amount of your Temporary Assistance, Food Stamps or Medicaid.

At a Fair Hearing you will have the chance to explain why you think the decision is wrong.

How do I request a Fair Hearing?
You can request a Fair Hearing by phone, mail or fax.
In Chautauqua County you may contact:

716-852-4868 by phone
518-473-6735 by Fax

By mail:
New York State Office of Temporary and Disability Assistance
Office of Administrative Hearings
P O Box 1930
Albany, New York 12201

Are there time limits for requesting a Fair Hearing?
Yes, there are time limits. Generally, it is a good idea to request a hearing right away. If you wait too long, you may not be able to get a hearing.

• A notice that tells you that your Temporary Assistance or Medical Assistance or Services has been denied, will be stopped or will be reduced, you may ask for a Fair Hearing within 60 days from the date of the notice.
• A notice telling you that you must participate in work activities and you believe you should be exempt for medical reasons, you must request a hearing within 10 days of the date on the notice. Otherwise, you may lose your right to a hearing. If you believe you should be exempt from work activities for other reasons, you must request the hearing within 60 days from the date of the notice.
• A notice telling you that your Food Stamps have been denied, will be stopped or will be reduced, you may ask for a Fair Hearing within 90 days from the date of the notice. You may ask for a Fair Hearing if you think you are not getting enough Food Stamp benefits at anytime within the certification period.
• Look at your notice to be sure of the time limits. Your notice will tell you whether the time limit is 60 days or 90 days.
• IF YOU DO NOT GET A NOTICE ABOUT YOUR CASE , and your money, other help, or services are denied, stopped or reduced, you can also ask for a Fair Hearing.

Will I continue to receive my benefits while I'm waiting for my hearing?

• If you get a notice telling you that your money or other help will be stopped or reduced, and you ask for a Fair Hearing before the effective date on your notice, your benefits, in most instances, stay the same ("aid continuing") until the Fair Hearing decision is made. If the notice was not sent before the effective date, and you ask for a Fair Hearing within 10 days of the postmark date of the notice, you also have the right to have your benefits stay the same ("aid continuing") until the Fair Hearing decision is made.
  
  
• If you are requesting a Fair Hearing because you do not agree with a decision that you are not disabled or have work limitations, you must request the hearing within 10 days of the date on the notice in order to be exempt from work related requirements while you are waiting for the Fair Hearing decision.
  
  
• IF YOU DO NOT GET A NOTICE ABOUT YOUR CASE, and your money or other help is stopped or reduced, you can still ask for a Fair Hearing. At the same time that you ask for a Fair Hearing, you can ask that your money or other help be restored ("aid continuing").
  
  
• In either case, if you get "aid continuing" and you lose the Fair Hearing, you will have to pay back any Temporary Assistance and/or Food Stamps you got while you were waiting for the Fair Hearing decision. Also, if you do get "aid continuing" and you lose the Fair Hearing, you may have to pay back any Medical Assistance you got while you were waiting for the Fair Hearing decision.
  
  
• If you do not want the money or other help you have been getting to stay the same until the Fair Hearing decision is made, you must tell Albany when requesting your Fair Hearing.
  

What happens while I am waiting for my hearing?
The supervisor of the team that has your case will be contacting you to set up a pre-hearing conference. At this conference you will be able to discuss what happened and the reasons why it happened. This meeting may take care of the reason you are asking for the hearing. If this is the case, please let the supervisor know at the time of the meeting.

What happens if I am unable to attend the hearing?
If you or your representative fail to show for your hearing, and you have a valid reason, you have 15 days from the scheduled date to request that your hearing be rescheduled. You must contact Albany within those 15 days.

If you need to reschedule your hearing prior to the hearing date you may request an adjournment by contacting Albany at the appropriate numbers. An adjournment will be given if you have a valid reason for being unable to appear.

If you cannot attend due to a disability and cannot travel you may appear through a representative, friend, relative or lawyer. A friend or relative must bring a written letter signed by you saying that you want that person to represent you. If you have no representative and wish to participate in the hearing, you may have a telephone hearing scheduled. You will have to provide medical verification that you cannot travel to the hearing location. When you request your hearing you should inform them that you are disabled and wish to have a telephone hearing.

How do I know when my hearing is scheduled?
You will receive notification from Albany by mail telling you when your hearing is scheduled. Normally it is 3-4 weeks after you request it.

What happens at the Hearing?
The agency will submit a packet including all the information from your case that they made their decision on. You will have a chance to give the judge any information you may have at that time. You will also be able to ask the agency representative questions and the agency will be able to ask you questions. These hearings are recorded in Albany through the telephone.

How long do I have to wait for the decision?
The Administrative Law Judges have 30 days to make a decision regarding the facts of the case. You will receive a decision in the mail as soon as that decision is rendered.

How do I get help with my Fair Hearing?
You may be eligible for legal advice and/or representation through one of the agencies found in Chautauqua County. Chautauqua County Legal Aid and Southern Tier Legal Services may be able to help you.