is the right under the due process clause of the U.S. Constitution to have an administrative hearing (fair hearing) held and decided before benefits are reduced or terminated, where the benefits are an entitlement based on financial need. This right was established by Goldberg v. Kelly
, a US Supreme Court decision, and applies to Medicaid eligibility and services. 18 NYCRR Part 358, 360-2.9. Notice of intent to reduce or terminate benefits must be given 10 days before the effective date of action. 18 NYCRR 358-2.23. In order to obtain aid continuing, a hearing must be requested before the effective date on the notice. 18 NYCRR 358-2.5. The recipient has a longer period -- 60 days from the date of the notice -- to request a hearing, but only receives the previous level of benefits unchanged pending the hearing if s/he requests the hearing within 10 days.