Fair Hearing Resources
Recent Articles
Which Administrative Law Judge (ALJ) Will Conduct My Fair Hearing?
by Gene Doyle, LMSW At the top right hand corner of the Notice of Fair Hearing (OAH-457), i.e., the scheduling notice, there is a three digit code, which indicates the Administrative Law Judge (ALJ) who has been assigned to conduct the Fair Hearing: To look up a specific ALJ code, search the...
22 Jul, 2018
New York State of Health (NYSOH) Appeal Decisions
by Gene Doyle, LMSW Since January 1, 2014, the New York State Department of Health (DOH) has administered the New York State of Health (NYSOH), a state-run health exchange (or health insurance marketplace), established under the federal Patient Protection and Affordable Care Act (ACA), also known...
18 May, 2018
OAH Policies and Interpretations
by Gene Doyle, LMSW The Office of Administrative Hearings (OAH) has issued various memoranda and e-mails to Administrative Law Judges (ALJs) [also called Hearing Officers (HOs)] to clarify Fair Hearing policies and/or interpret state Fair Hearing regulations [18 NYCRR Part 358]. OAH...
28 Apr, 2018
Death of a Potential Appellant
by Gene Doyle, LMSW In a January 5, 2004 memorandum to ALJs, Deputy General Counsel for Administrative Hearings Russell J. Hanks set forth OAH policy with respect to the application of the statute of limitations (SOL) in cases where the potential appellant has died before a Fair Hearing is...
28 Apr, 2018
Which Commissioner's Designee Decided My Fair Hearing?
by Gene Doyle, LMSW Social Services Law § 22[2] authorizes the Commissioner to designate "one or more appropriate members of his [sic] staff to consider and decide such appeals. Any staff member so designated and authorized shall have authority to decide such appeals on behalf of the...
26 Mar, 2018
OAH Procedures Transmittals
by Gene Doyle, LMSW The Office of Administrative Hearings (OAH) issues periodic instructions to its staff and to local social services districts on various procedures pertaining to the processing of Fair Hearing requests and the scheduling of hearings. OAH Procedures Transmittals for 2018 •...
16 Mar, 2018
Summary of Formal Requests for Reconsideration or Rehearing of Administrative Appeals
by Gene Doyle, LMSW State Fair Hearing regulations authorize the issuance of corrected decisions where there is a production error or an error of law or fact [18 NYCRR § 358-6.6(a)] and also authorize the reopening of previously closed Fair Hearing records to complete the records [18 NYCRR §...
30 Jan, 2018
Annual Budget of the Office of Administrative Hearings (OAH)
by Gene Doyle, LMSW The following table lists the annual amount of OAH's budget for each State Fiscal Year, which begins on April 1st and ends on March 30th: State Fiscal Year Annual Budget 2012-2013 $25,684,195.49 2013-2014 $26,677,430.57 2014-2015 ...
10 Jan, 2018
Manual for Administrative Law Judges and Hearing Officers
by Gene Doyle, LMSW This 484 page manual, which is published by the New York State Department of Civil Service with assistance from the Government Law Center of Albany Law School, is designed to provide a starting point and general reference for Administrative Law Judges (ALJs) and Hearing...
06 May, 2017
Effectively Searching OAH's Fair Hearing Decision Archive
by Gene Doyle, LMSW The Fair Hearing Decision Archive of the New York State Office of Temporary and Disability Assistance (OTDA) contains redacted copies of all Fair Hearing Decisions, which have been issued since November 2010. As of May 5, 2017, OTDA's Fair Hearing Decision Archive contains...
06 May, 2017
Annual Statistics of Fair Hearing Decisions by Outcome Reasons on a Statewide and Local Social Services District Basis
by Gene Doyle, LMSW These annual statistics were obtained from the New York State Office of Temporary and Disability Assistance (OTDA) through the Freedom of Information Law (FOIL). The original OTDA data is available upon request. These tables contain the annual total of Fair Hearing issues...
05 May, 2017
Written Materials Must Be Provided in Alternative Formats, Upon Request, to Blind or Seriously Visually Impaired Applicants and Recipients
by Gene Doyle, LMSW To comply with the Stipulation and Order of Settlement in Rafferty v Doar, 13-CV-1410 (S.D.N.Y. October 23, 2015), OTDA and DOH jointly issued Administrative Directive 16-ADM-08 on June 22, 2016 to provide "social services districts (SSD) with a summary and instructions on...
04 May, 2017
Requesting the Reopening of a Dismissed Fair Hearing Request
by Gene Doyle, LMSW If a Fair Hearing request has been dismissed as abandoned, an appellant or an appellant's representatives may ask OAH to reopen the hearing request upon a showing of good cause. According to OTDA's guidelines for its OAH staff, "Good cause is defined as unusual,unexpected, or...
04 May, 2017
Dismissal of a Fair Hearing Request
by Gene Doyle, LMSW New York State Policy According to 18 NYCRR § 358-5.5(a), "(a) OAH will consider a fair hearing request abandoned if neither the appellant nor appellant's authorized representative appears at the fair hearing unless either the appellant or appellant's authorized...
04 May, 2017
Homebound Fair Hearing
by Gene Doyle, LMSW In Varshavsky v Perales, Index No. 40767/91 (Sup. Ct. New York Co. March 5, 1992), affd. 202 A.D.2d 155 (1st Dept. 1994), the court certified a statewide plaintiff class, consisting of "all applicants for and recipients of public assistance benefits residing in New York...
03 May, 2017
Access to Appellants' Case Records Before and During Fair Hearings
by Gene Doyle, LMSW Federal and state regulations require that appellants and their representatives have access to their case records at any time prior to and during their Fair Hearings. See 45 CFR § 205.10(a)(13)(i); 42 CFR § 431.242(a); 7 CFR § 273.15(p)(1); 18 NYCRR §§ 358-3.7(a)(1) and...
03 May, 2017
Fair Hearings Must Comply with Constitutionally Protected Due Process
by Gene Doyle, LMSW In the landmark case of Goldberg v Kelly, 397 U.S. 254, 264 (1970), brought by New York City public assistance recipients, the United States Supreme Court held that "when welfare is discontinued, only a pre-termination evidentiary hearing provides the recipient with procedural...
03 May, 2017
Legal Research
by Gene Doyle, LMSW Several companies offer online legal research services, which allow users to search for federal and state court decisions as well as federal and state laws and regulations. Two of the most widely used services are Westlaw and Lexis. These services are available through...
03 May, 2017
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
Biennial Reports
by Gene Doyle, LMSW Governor Mario Cuomo's Executive Order No. 131 requires state agency to file reports on their administrative adjudication plans every two years. These biennial reports must set forth "the steps taken by the agency to comply with this Order . . . [and] include statistics on...
10 Apr, 2017
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
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
Requesting a Fair Hearing Adjournment
by Gene Doyle, LMSW How to Request a Fair Hearing Adjournment To request an adjournment of a scheduled Fair Hearing, read the instructions on the scheduling notice, called the Notice of Fair Hearing (OAH-457), or go to the Request an Adjournment or Reopening website of the New York State Office...
14 May, 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
Copies of Hearing-Related Correspondence Must Be Sent to Appellants' Representatives
by Gene Doyle, LMSW In OAH Procedures Transmittal 98-17, dated March 31, 1998, local social services districts were reminded of their responsibility under 18 NYCRR §§ 358-3.9 and 358-4.2(j) to send copies of all correspondence relating to a conference and fair hearing to the authorized...
26 Mar, 2016