How to Request A Fair Hearing
What is a Fair Hearing?
If your government benefits have been cut off or reduced, or your application for benefits has been denied, or if you believe your benefits are inadequate, you can request a Fair Hearing.
A Fair Hearing is an informal administrative hearing in front of an administrative law judge (ALJ) of the New York State Office of Temporary and Disability Assistance (OTDA) to review an action of the New York City Human Resources Administration (HRA).
How Do You Ask For a Fair Hearing?
You can request a Fair Hearing:
In person at: 14 Boerum Place (Brooklyn)
By fax: (518) 473-6735.
This is the fastest way.
By telephone: (800) 342-3334
It’s hard to get through. Keep trying.
By mail to:
New York State
Office of Temporary and Disability Assistance
Office of Administrative Hearings
P.O. Box 1930
Albany, New York 12201-1930.
Online: www.otda.state.ny.us/oah/forms.asp
All requests should include your name, address, case number, number or location of your welfare center, and the reason you are requesting a hearing.
You should always ask for “aid continuing” when you request a Fair Hearing, which may prevent your benefits from being changed until you get a Fair Hearing Decision.
When Should You Request A Fair Hearing?
To get aid continuing, you must request a Fair Hearing within 10 days of receiving notice of a change in your benefits or before the effective date of the notice. If you did not get a notice, always ask for aid continuing.
You must request a Fair Hearing within 60 days of the date on the notice of an action in your case. If the problem is with Food Stamps, you must make a request within 90 days.
You can always request a Fair Hearing if you are getting less money than you should be or if you did not get notice of a change in your grant.
Where Are Fair Hearings Held?
Most Fair Hearings are held in Brooklyn at 14 Boerum Place.
Some Fair Hearings concerning Medicaid are held in Manhattan at 330 West 34th Street.
Emergency Hearings: You can get your hearing scheduled sooner if you are seeking emergency assistance, for example to prevent an eviction or utility shutoff.
Home Hearings: If you are unable to travel to the hearing for health reasons, you can ask to have your hearing by telephone.
Adjournments: If you cannot go to the hearing on the scheduled date and you have a good reason such as you are sick or you need more time to get documents, you may be able to postpone (“adjourn”) the hearing to a later date. The phone number to call for an adjournment is on the Notice of Fair Hearing: (877) 209-1134
Case Conference
What is a Case Conference?
A case conference is an informal meeting with the City to try to get them to change their plan to reduce or cut off your benefits. You must request a case conference to get one.
A case conference is not a Fair Hearing and will not give you aid continuing. Even if you request a case conference, you should also always request a Fair Hearing and aid continuing (so that your benefits will continue unchanged).
How Do You Request A Case Conference?
When you get a notice from the City that they plan to reduce or cut off your benefits, ask for a conference by calling the phone number on your notice. You can also go to the Fairing Hearing Unit at your welfare center to request a case conference.
For some work-related problems, you can request a conference by going to the Office of Employment Services (“OES”) at 109 East 16th Street, 4th Floor, Room 400A in Manhattan, or by going to the office that sent you the notice.
Who Will Be At the Conference?
Your conference should be with someone at the welfare center who has the power to make changes in your case. Your conference should not be with your caseworker. You can bring an advocate with you.
What Happens At A Case Conference?
You will explain your problem. If the City agrees that there is a problem, they should tell you how they will fix it. You have a right to a decision after the conference.
If you lose at the conference, you can still challenge the City’s action if you request a Fair Hearing.
Mandatory Dispute Resolution (“MDR”)
What is MDR?
Mandatory Dispute Resolution (“MDR”) is when the City calls you in to your welfare center after you request a Fair Hearing. In MDR, the City tries resolve your problem.
Be sure to go to your MDR appointment, and bring with you the documents you have that show you are right.
Do I Have To Withdraw My Fair Hearing At MDR?
No. The City may ask you to withdraw your Fair Hearing when you go to MDR, but you do not have to withdraw your Fair Hearing.
You have the right to go to a Fair Hearing and explain your side to an administrative law judge (ALJ).
You should not withdraw your Fair Hearing if the City does not give you everything you wanted from your Fair Hearing at MDR.
If the City agrees to give you all the benefits you are entitled to at MDR, get a notice in writing stating exactly what welfare will give you. Even if the City gives you all your benefits, you can still go to your Fair Hearing.
What Happens At Fair Hearings After MDR?
At your Fair Hearing, the City may try to prevent you from giving evidence to the ALJ that you did not bring to MDR.
Tell the ALJ that you have the right to submit any evidence relevant to the fair hearing issue. Be sure to state clearly for the tape recorder that you want to submit evidence that is related to the topic of your hearing.
If you try to submit evidence at fair hearing but the ALJ does not let you because you did not bring the evidence to MDR, call Legal Services for help.
This article was posted March 31, 2007
