If you apply for public benefits, New York State will decide if you qualify. If the state denies your benefits or makes changes you don't agree with, you can ask for a "fair hearing" to challenge that decision. This is for benefits like cash assistance, SNAP (food stamps), Medicaid, or other programs.
When you request a fair hearing, you'll speak with a judge by phone. Or you can ask for an in-person hearing. The judge will listen to both sides and make a decision.
Fair Hearing Help NY is a website that explains the whole fair hearing process from start to finish. You can learn how to:
Ask for a hearing (usually within 60 days of getting a notice)
How to keep your benefits until the hearing (called "aid continuing")
What rights you have during the hearing
How to reschedule if needed and what happens if you miss your hearing.
To prepare for your fair hearing, you should:
Gather evidence (anything that supports your story)
Find witnesses who can help your case
Get organized before the hearing begins
Ask for a free copy of the "evidence packet" that shows what papers the agency will use at your hearing.
Visit Fair Hearing Help NY to learn more about the fair hearing process and tips on how to get ready.
During your fair hearing, you'll talk with a judge from the Office of Temporary and Disability Assistance (OTDA). Someone from your local social services agency will explain why the state denied your benefits.
You and your advocate (like a friend or lawyer) will get to tell your side and challenge their decision.
Fair Hearing Help NY walks you through the four main steps of a hearing, so you can know what to expect and be prepared.
After your hearing ends, you'll get a written decision in the mail. This usually takes about three weeks, but the time can vary. If you don't get your decision after one month, you should call OTDA at 1-518-474-8781 or 1-800-342-3334. For emergency hearings, call if you don't have a decision after one week.
Visit Fair Hearing Help NY to learn more and understand what happens if you win your hearing and what to do if you lose.
You always have the right to ask for an in-person fair hearing instead of a telephone hearing.
An in-person hearing might be better for you if:
English isn't your first language
You have trouble using technology
You feel more comfortable presenting your case face-to-face.
Fair Hearing Help NY explains how to request an in-person hearing and has information about getting an interpreter if you need one.
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