Fair Hearing Resources
Fair Hearing Decision Digests
Administrative Stare Decisis
by Gene Doyle, LMSW According to The Law Dictionary, featuring Black's Law Dictionary Free Online Legal Dictionary 2nd Ed., the Latin term "stare decisis" means "To stand by decided cases; to uphold precedents; to maintain former adjudications. 1 Kent, Comm. 477." Stare decisis applies not only...
24 Jan, 2016
Costs and Expenses Related to a Fair Hearing
by Gene Doyle, LMSW Under federal and state regulations, appellants are entitled to the payment or reimbursement of necessary costs and expenses related to their Fair Hearings. See 45 CFR § 205.10(b)(4); 42 CFR § 431.250(f); 18 NYCRR §§ 358-3.4(i) and 358-4.3(d). The state regulations, in...
03 May, 2017
Directives in Similar Cases
by Gene Doyle, LMSW New York State's Fair Hearing regulations [18 NYCRR Part 358] include the following provisions: § 358-6.3 Direction relative to similar cases When a fair hearing decision indicates that a social services agency has misapplied provisions of law, regulations, or such...
25 Jan, 2016
Non-Receipt of Notices or Other Mail
by Gene Doyle, LMSW Given the volume of notices sent by local social services agencies, and the shared living arrangements, substandard housing and frequent relocation of low-income New Yorkers, it should come as no surprise that there are frequent disputes over the actual receipt of mailed...
25 Jan, 2016
Reversal of Agency Determinations Due to Defective Notices
by Gene Doyle, LMSW State policy requires that the threshold issue to be considered at every Fair Hearing is the adequacy of the notice that the appellant received. See Office of Administrative Hearings (OAH) Memoranda dated May 1, 1991 and December 11, 1996. Fair Hearing Decision Digest on...
24 Apr, 2016
Retroactive Assistance Where Appellants Borrowed Funds to Meet Needs
by Gene Doyle, LMSW Fair Hearing Decision Digest on Retroactive Assistance Where Appellants Borrowed Funds to Meet Needs The following Fair Hearing Decisions reversed determinations where a social services agency denied or failed to act on applications or requests for Public Assistance or...
07 Mar, 2016
Tolling the Time Limit for Requesting a Fair Hearing: Limited English Proficiency (LEP)
by Gene Doyle, LMSW On April 27, 2006, OTDA revised Administrative Directive 06-ADM-05, which consolidated existing policy guidance for providing access to persons with disabilities and/or Limited English Proficiency (LEP). "C. Access by Persons with LEP * * * "No person shall be denied access...
16 Jun, 2016
Tolling the Time Limit to Request a Fair Hearing: Physical or Mental Impairment
by Gene Doyle, LMSW and John Castellano, Esq. Impaired functional capacity can prevent disabled appellants from timely requesting Fair Hearings. To understand the circumstances under which a physical or mental impairment can toll a statute of limitations, it is useful to look at social security...
16 Jun, 2016