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- Referred to social services
- Referred to social services
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Extends the period given to certain applicants for public assistance benefits to request a fair hearing
In Assembly Committee · Social Services · Sponsor Keith L.T. Wright
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to extending the period given to certain applicants for public assistance benefits to request a fair hearing
Purpose
To ensure that public assistance applicants and recipients are given an adequate time period to request a fair hearing if they feel the decision made on their suitability for a work assignment is unfair.
Summary of provisions
Section 1 amends subdivision 6 of section 332-b of the social services law, by extending the time frame an applicant or recipient of public assistance has to request a fair hearing on the decision made regarding their ability to participate in work activities, from 10 days to 60 days.
Existing law
Currently an applicant or recipient has only 10 days to appeal the decision made on their ability to participate in work activities.
Justification
When an applicant or recipient has reason to believe that a physical or mental impairment may prevent the applicant or recipient from fully engaging in work activities, they have the opportunity to produce medical documentation and to receive a medical examination. Based on the documentation and the examination, a determination is made as to the ability of the applicant or recipient to participate in work activities and the limitations they may have. Upon receiving notice of this determination, the applicant or recipient has 10 days to request a fair hearing on the determination. This time frame has proven to be inadequate, as most applicants or recipients are not given their work assignments until well after the 10 day deadline to request a fair hearing has passed. Therefore, by the time they know whether their work assignment exceeds their capabilities, it is too late to challenge it. Under existing law, applicants and recipients seeking to appeal almost any other decision by a local social services district have 60 days to request a fair hearing. Applicants and recipients have 90 days to request a hearing regarding their food stamp benefits. It is unreasonable to substantially reduce the time allotted to request a fair hearing for our most vulnerable public assistance recipients, particularly when their health and safety may be in jeopardy.
Legislative history
2009: S.1501 - Referred to Social Services, Children and Families 2008: A.7550 - Passed Assembly 2006: A.5401 - Referred to Social Services, Children and Families 2004: S.6171/A.9680 - Passed Assembly 2002: A.4348 - Passed Assembly 2001: A.4348 - Passed Assembly
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.