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How long does it take to get a fair hearing in new yorkHow long does it take to get a fair hearing in new york.New York Eviction Process
Fair Hearings - LawNY.
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We'd love to hear about your experience using our site today. You may request a Fair Hearing by calling, faxing, going online, sending a written request, or going to the walk-in location. If your family's request for new or renewed financial assistance for child care has been denied, you will be notified by mail by the Administration for Children's Services.
You must request a Fair Hearing within 60 days of receiving the denial notice. The form and instructions to request a Fair Hearing should have been included in the mailing you received. Request a fair hearing. The City intends to use the data collected from this survey to generally add and improve City services. Survey participation is voluntary. Participants in this survey will not receive further communication from the City with regards to this survey.
Who is eligible for Medicaid? How do I enroll in Medicaid? Can I appeal if services were denied, reduced or discontinued?
Fee-for-service Medicaid If you have fee-for-service Medicaid, you have a right to request a Fair Hearing with OTDA to challenge the decision within 60 days of the notice. What if I did not receive a notice?
How do I request a Fair Hearing? You will then receive a notice telling you the time and location of your hearing.
Can I be represented at a hearing? Can I get my hearing adjourned? What happens at a hearing? If you need a translator, one must be provided. When will I get a decision? Disclaimer The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice.
Make requests in writing or by phone to the address given on the back of the notice. Within 3 business days of your request, ACS must send you the documents. If you forget to ask for the documents, you should go to the Fair Hearing early and look at them before your hearing. Read the documents ACS provides to you. These documents will have the information that ACS will be giving to the judge.
When you know what their argument is, you can prepare your answer. Find evidence and witnesses to support your argument. You may bring any person or document that will help you.
If a witness is unavailable for trial, you may bring a notarized written statement from that person or you may ask for an adjournment so that you can have a chance for that witness to testify. Do not give anyone your original documents. Make 2 copies of every document, one for the judge and one for the ACS Representative. You must, however, bring the original copies for the judge to see. Write down the points you want to make.
This will help you not to forget important facts. Prepare a closing statement , telling the judge exactly what you want and why you believe you are entitled to it. Since there are several people involved in answering your complaint, you may be more comfortable if you bring someone for support, such as a friend or family member, in addition to your witnesses. The ALJ is supposed to help you present your side of the story, and to question ACS's story, if you need this assistance.
It is very important that you understand all the questions that you are asked. If you do not understand something, ask that it be repeated or explained. Give the ALJ each document, one at a time, explaining why you are giving him or her each one. Ask your witnesses specific questions; you should write these down before the hearing. The ALJ may not let you bring up other things that are bothering you, if these issues are not part of this hearing. If the representative tries to introduce documents that you were not sent, ask the ALJ to refuse to admit this evidence or to give you time to review the new documents, and to answer them with your own witnesses or evidence.
For cash assistance or Medicaid issues, you can ask for a hearing for up to 60 days after the notice date. For SNAP food stamps issues, you can ask for a fair hearing up to 90 days after the date of the notice.
However, you must request a fair hearing before the date that the change will occur if you want to continue receiving your benefits until the fair hearing. If this happens to you, and it is causing you hardship, you can ask the DSS office to keep less of your monthly benefits. If you have an overpayment and you are no longer receive monthly public assistance benefits, the DSS office may send you a bill for the overpaid benefits.
If you do not respond to the bill, the DSS office could seek a money judgment against you. How do I Request a Fair Hearing? You can request a fair hearing by mail, telephone, fax, or online. You can mail your request to:. Box Albany, New York You can fax your request to You can request a hearing by telephone by calling This is the fastest and easiest way to ask for a fair hearing. Fill out the online form in order to request a hearing. Please note that you do not need to include a notice number, and that you need to only provide a brief reason for requesting a fair hearing.
If you use as phone to ask for a fair hearing, you will get the same fair hearing that you would get if you had requested a fair hearing online. However, if you try to request a fair hearing over the phone, you may have to wait a long time. If you request your fair hearing online or by fax, make sure to print and keep a copy of the confirmation that the fair hearing request was received.
If you have an emergency, such as an emergency housing denial, you should try to request your fair hearing by phone. If the OTDA representative agrees that it is an emergency, they will try to schedule the fair hearing as soon as possible. Depending on how soon the fair hearing is scheduled, there may not be time for the OTDA representative to mail a fair hearing scheduling notice to you, so be sure to write down the date, time, and location of the fair hearing.
You do not need to have a notice from DSS to request a fair hearing. This is also true if you have lost or misplaced the notice that you are asking for a fair hearing about.
You can also ask for a fair hearing if you have not received a decision on your application and you believe there is a delay in processing your benefits application. If you do not have a DSS notice, you will need to provide your name, date of birth, social security number, the county that you live in, and the reason why you are asking for a fair hearing.
If you are asking for a fair hearing based on a notice DSS sent you, you will want to have that notice with you. If you are requesting a hearing by phone, they will ask you for some information from that notice.
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