What's happening
This bill extends the time for public assistance applicants to request a fair hearing regarding disability determinations from 10 to 60 days.
Why it matters
Gives applicants and recipients of public assistance more time (60 days instead of 10) to challenge disability determinations, reducing the risk that people lose benefits or are forced into unsuitable work due to short deadlines.
Ensures that individuals appealing a disability determination cannot be required or forced to participate in work activities until their hearing is resolved, unless they voluntarily choose a work assignment that fits their claimed medical condition.
Expands the window for requesting a fair hearing to also include 60 days from the receipt of a work activity assignment, not just from the notification of the disability determination, providing additional protection for those who may not understand the implications immediately.
Maintains protections against fraud by allowing social services to sanction individuals who are found, with clear medical evidence, to have intentionally misrepresented their medical condition.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Extend Fair Hearing Period
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to social services
- Referred to social services
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3041
2017-2018 Regular Sessions
IN ASSEMBLY
January 24, 2017
Introduced by M. of A. HEVESI, GLICK, PEOPLES-STOKES, O'DONNELL, KAVANAGH, JAFFEE -- Multi-Sponsored by -- M. of A. COLTON, DINOWITZ, FARRELL, GALEF, GOTTFRIED, HOOPER, LAVINE, RIVERA, TITONE -- read once and referred to the Committee on Social Services
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 6 of section 332-b of the social services law, as added by section 148 of part B of chapter 436 of the laws of 1997, is amended to read as follows:
6. When an applicant or recipient receives notification of the examining medical professional's disability determination, he or she shall also be notified of his or her right to request a fair hearing within [ten] sixty days of such notice or within sixty days of receipt of a work activity assignment. If such applicant timely requests a fair hearing, no assignment to work activities pursuant to this title may be made or enforced pending such hearing and determination unless the applicant or recipient agrees to a limited work assignment not inconsistent with the medical condition alleged by such person. Provided, however, that if a social services district has reason to believe that such recipient or applicant does not actually suffer from a work limiting condition, the district shall provide the applicant or recipient with notice of potential sanctions pursuant to subdivision three of section three hundred forty-two of this title, and provided further that recipients will be subject to sanctions pursuant to subdivision three of section three hundred forty-two of this title if the district determines, based on clear medical evidence, that there is no basis for the individual's claim that he or she is unable to fully engage in work activities, and that the individual intentionally misrepresented his or her medical condition.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05385-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.