After the completion of your hearing, a written decision will be mailed to you. It usually takes around three weeks, but the length of time varies. As a general rule, if, after 1 month, you still have not received your Fair Hearing decision (also called a “Decision After Fair Hearing”), you should contact the New York State Office of Temporary and Disability Assistance (OTDA) at 1(518) 474-8781 or 1(800) 342-3334. If you had an emergency Fair Hearing, you should call if you have not received your decision in one week. Below is an example of what a decision after a Fair Hearing looks like.
Common Questions
What happens if I win my Fair Hearing?
After the decision is made, your NYC/County Social Services Agency (the Agency) or Medicaid Plan must make the changes the Administrative Law Judge (Judge) ordered within a reasonable amount of time.
If the Agency or Medicaid plan ignores the decision or is taking too long to comply with the decision, you can ask OTDA to require them to take action. This is called asking for compliance, meaning that you want the Agency or plan to comply or obey the order and decision from the Fair Hearing.
- You can request compliance with a Fair Hearing decision by following the instructions on OTDA’s website.
- Send a letter and a copy of the cover page of the Fair Hearing decision to the address listed on the form. In the letter, you should explain that the Agency has not done what the decision said it should do. You may also take a copy of your fair hearing decision directly to the Agency and ask to speak with the Fair Hearing Compliance Unit Supervisor. This may get your Fair Hearing decision looked at and reviewed a little faster.
What if I lose my Fair Hearing?
If you lose your Fair Hearing, you can appeal the decision in a New York State Supreme Court (sometimes referred to as an “Article 78 proceeding”). Each county has its own Supreme Court. Please use the New York Courts Locator to locate the appropriate court. You must file the appeal within 4 months of the date of the decision. In some cases, the deadline to file an appeal may be shorter. Check with a lawyer as soon as you can to find out your deadline to file an appeal.
If you choose to appeal an unfavorable decision, you will need to request a copy of the Fair Hearing transcript (the documents & recording). You should make this request as soon as possible because it can take many weeks to get the transcript. To obtain the record, you may:
- Mail a request that includes your fair hearing number and the date of the decision to:
Fair Hearing Transcript Unit
NYS Office of Temporary & Disability Assistance
P.O. Box 1930
Albany, NY 11201-1930 - Email adminrecords@otda.state.ny.us. In the email, make sure you include your Fair Hearing number and the date of the decision.
You also need to provide valid legal arguments for why the Judge was wrong in their decision. You can represent yourself on an Article 78, but you should try to obtain counsel or a legal consultation if you wish to appeal your Fair Hearing. Only a lawyer who listens to the facts of your case and is familiar with the relevant law can give you a good answer about which arguments work best with your case or if an Article 78 is the next best step