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The Fair Hearing Division
Senior Social Welfare Examiner
Sandra Waid
110 E. Fourth Street
Jamestown, New York 14701
Phone: 716-661-8158
Fax: 716-661-8225
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.
Office of Temporary and Disability Assistance Fairing Hearing Page
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