What is a Fair Hearing?

Did a local social services agency make a decision about your public benefits that you think is wrong? For example, did they deny, reduce, or stop your benefits and you disagree? If so, you can ask for a Fair Hearing to appeal that decision.

Fair Hearings are run by the New York State Office of Temporary and Disability Assistance, Office of Administrative Hearings (OTDA). At a Fair Hearing, a judge from OTDA will look at the decision about your benefits. They'll decide if it was right or wrong. If the judge agrees with you, they can tell the local agency to fix your case.

Can I ask for a Fair Hearing?

If you don't agree with a decision about your social services benefits, you have the right to ask for a Fair Hearing. This includes decisions about:

Public Assistance
Medical Assistance (like Medicaid)
Supplemental Nutrition Assistance Program (SNAP)
Home Energy Assistance Program (HEAP)

You can ask for a Fair Hearing if:

You applied for benefits and were told no, but you don't agree
You never got an answer about your application
Your benefits were reduced or stopped, and you don't agree
You think the amount of your benefits is wrong
You're told you can work, but you don't agree
You asked for more help for a special need, and were told no

There are more reasons too. You can find a full list at the OTDA website.

How do I ask for a Fair Hearing?

You can ask for a Fair Hearing in different ways:

Online: Fill out a form at https://errswebnet.otda.ny.gov/erequestform.aspx. If you want the form in a language other than English, go to https://otda.ny.gov/hearings/request/.
By fax or mail: Fill out the same form and fax it to (518) 473-5735 or mail it to P.O. BOX 1930, Albany, NY 12201-1930.
By phone: Call 1-800-342-3334. If you live in New York City and need an emergency Fair Hearing, call 1-800-205-0110. If you have trouble speaking or hearing, contact the New York Relay Service at 711 and ask them to call 1-877-502-6155 for you. This number only works for callers using TDD equipment.
In person: You can go to these places:

In New York City:

Office of Temporary and Disability Assistance
Office of Administrative Hearings
5 Beaver Street
New York, NY 10004

In Albany:

Office of Temporary and Disability Assistance
Office of Administrative Hearings
40 North Pearl Street
Albany, New York 12243

How much time do I have to ask for a Fair Hearing?

The deadlines for asking for a Fair Hearing are different depending on your situation and the type of benefits. To be safe, ask for a Fair Hearing right away. Some deadlines are short. If you wait too long, you might not get a hearing. Here are some general deadlines, based on the date on the notice:

For Public Assistance or Medical Assistance: Ask within 60 days of the date on the notice that says your benefits were denied, will be stopped, or will be reduced.
For Work Activities: If you get a notice saying you must work, but you have medical issues, ask within 10 days of the date on the notice. If you think you shouldn't have to work for other reasons, ask within 60 days of the date on the notice.
For SNAP Benefits: Ask within 90 days of the date on the notice that says your SNAP benefits were denied, will be stopped, or will be reduced. If you think you're not getting enough SNAP benefits, you can ask for a Fair Hearing at any time during your certification period.

Always check your notice to be sure about the time limits. For more information about time limits, visit the OTDA website.