A Fair Hearing is your chance to challenge a decision about your benefits.
You can request a hearing if:
- Your cash assistance, SNAP, Medicaid, or other benefits were changed or stopped
- Your application for new benefits was denied
Almost all hearings are currently by phone. Sometimes you will need to call a number. Sometimes you will receive a phone call. Sometimes they will be in person. Check your fair hearing notice to be sure.
Fair Hearing Timeline
Notice
- You get a notice from your county/NYC social services Agency (Agency) about your benefits. You think it is wrong.
- Request a Fair Hearing to fight it!.
- Even without a notice, if your benefits are wrong, you can request a hearing.
Request
- Request a Fair Hearing within 60 days of the notice (90 days for SNAP).
- Want your benefits to continue while you are waiting for your hearing? Request it within 10 days (This is called Aid Continuing).
- Keep a record of your request and number.
- You will get a confirmation by mail.
Prepare
- Get your evidence ready.
- Submit evidence to the Office of Administrative Hearings at least 2 business days before the hearing.
- Request your evidence packet from your County/NYC Agency
- Charge your phone and be ready to receive or make calls (if this is a phone hearing – check your notice!).
Hearing
- Be ready to call or answer the Administrative Law Judge’s call at your scheduled time (if this is a phone hearing- check your notice!).
- Morning: 9 am–1 pm.
- Afternoon: 1 pm–5 pm.
- Answer questions from the Judge and Agency representative.
- Save your main arguments for the end.
- Correct any incorrect statements from the Agency.
Decision
- You will get the decision by mail, usually in 3 weeks.
- Do you think the decision is wrong? You have 4 months to appeal the decision.
Common Questions
What is the timeline of the Fair Hearing?
1) Notice:
- When you receive a notice of decision about the status of your benefits from the agency, you can request a fair hearing to challenge the decision.
- You will not always receive a notice of decision, but you can still request a fair hearing as soon as you see a change in your benefits.
- The notice will include the date that changes to your case will occur (the “effective date“).
2) Request:
- You should request a fair hearing within 60 days from the postmark date of the notice (90 days for SNAP). (A postmark is the date the U.S. Postal Service stamped on the outside of the envelope for delivery.)
- If you want your benefits to continue while you are waiting for a Fair Hearing, you must request the hearing within 10 days of the postmark date.
- Remember: keep a record of the request and the request number.
- You will receive confirmation in the mail once this request has been processed.
3) Preparation:
- Prepare your arguments, witness(es), and evidence.
- Submit your paper evidence to the Office of Administrative Hearings at least 2 business days before the fair hearing if by phone.
- Request the evidence packet from your NYC/County Social Services Agency.
- Prepare your phone (if it is a phone hearing). Make sure your phone is charged and able to accept or make calls. (Check your notice!)
4) Hearing:
- For telephone hearings, be ready to pick up or make the call to the Administrative Law Judge (Judge) during the scheduled time (either 9 am – 1 pm for a morning appointment or 1 pm – 5 pm for an afternoon appointment). For in-person hearings, you will check in at the appropriate window and wait for your name to be called.
- Answer any questions from the Judge and Agency Representative. Save your arguments for the end. You will speak after them.
- Correct the representatives of the Agency if they say something untrue.
5) Decision:
- You will receive the decision in the mail, typically 3 weeks after the hearing. If you wish to appeal, you must do so within 4 months of getting the decision.
What if I need to reschedule my Fair Hearing (called an “adjournment”)?
You have a right to ask that your hearing be rescheduled (called an “adjournment”) if:
- You need more time to try to get someone to represent you at your hearing
- You are unable to attend at the time scheduled for your hearing, and your hearing date hasn’t passed yet. You will need to explain to OTDA why you have a good reason (“good cause”) for the hearing to be rescheduled
How do I ask for my hearing to be rescheduled?
You can request that your hearing be rescheduled (“adjournment”) by:
Telephone: 1-877-209-1134
Faxing a written request: 518-473-6735
Mailing a written request:
New York State Office of Temporary and Disability Assistance
Office of Administrative Hearings
P.O. Box 1930
Albany, NY 12201-1930
Do I have a right to talk at the Fair Hearing? Can I tell my story?
Yes. You have a right to tell the Judge your story. You can explain to the Judge
why you think the Agency decision is wrong.
Can I submit evidence?
Yes. You have a right to submit documents to support your story. Please see the evidence checklist for suggestions on what might be helpful for you to submit. Any evidence that you want to show the Judge should be submitted at least two days before the hearing. Read How to Prepare for a Fair Hearing if you are not sure how to do this.
Do I have a right to see the papers that the Agency gives the Judge?
Yes. You have a right to see the evidence that the Agency Representative gives the Judge. This is called an Evidence Packet. You should have been given the Agency’s Evidence Packet before your hearing.
If you have not gotten copies of the Agency’s documents before the hearing you should tell the Judge and ask for the documents. You have the right to ask the Judge to postpone your Fair Hearing (an “adjournment”) if you have not received their evidence.
Can I have a witness testify for me to help tell my story?
Yes. You have a right to have a witness testify to support your case.
If on the phone and you have a witness that you want to testify for you, you should tell the Judge and give the Judge the name and telephone number of the witness, and the Judge will add the witness to the call. Be sure to tell your witness the date and time of the hearing so they will be available at the time of the call. Tell the witness to be sure that their phone can accept blocked calls. Learn more at (3) How to Prepare for a Telephone Hearing.
Can I ask the Agency Representative questions at the hearing?
Yes. You have a right to question the Agency Representative and any witnesses. Tell the Judge if you think the Agency Representative or one of the witnesses said something untrue.
How can I tell in a phone hearing who is speaking since I cannot see them?
You have a right to understand who is speaking. If you do not understand who is on the phone – say something. Ask: “Who is speaking now? Can you please say your name and spell it?” Every time someone speaks, they should say their name. If later in the hearing you do not understand who is talking, don’t hesitate to ask again.
What if I disagree with something that was said or done at the hearing? Can I make objections?
Yes. You have a right to make objections. An objection is when you tell the Judge that you disagree with something that was said or done. For example, you should object if you submitted evidence but the Judge does not have it. You have a right to speak up if your fair hearing seems unfair or if it is hard for you to represent yourself. Explain in as much detail as you can what the difficulty is.
Do I have to go through a Fair Hearing to protect my benefits? Can I ask for a Conference to get my case fixed?
Yes. After you ask for your fair hearing, you can try to solve your problem at the Agency through a conference. A conference is not a fair hearing. It is a meeting with an Agency worker to discuss your case. If you are happy with the outcome of a conference, make sure you get proof in writing that all problems with your case have been fixed before you withdraw your fair hearing request.
If you ask for a conference first, it is a good idea to ALSO ask for a Fair Hearing. That way, if the county/NYC Agency does not give you what you want at the conference, you can still have your Fair Hearing to get your case fixed.
How do I know if my hearing is in person or on the phone?
Once you have requested a fair hearing, you will get a letter (called a “Notice of Fair Hearing” or “Notice of Telephone Hearing”) that lists the date, and time of your hearing AND if your hearing will be done by phone or in-person at a hearing location. In most instances, your hearing should be scheduled about three to four weeks after it is requested.
If it's on the phone does the Judge call me or do I call them?
OTDA is starting a new way of conducting hearings. OTDA’s new project will require you to call them within a 40-minute window of time. However, most hearings still have the old system in place, where OTDA calls you during a three-hour window of time.
Please check your notice to see if you need to call or if the Judge will call you!
Example of a “call-out” notice: You will receive a call from the Judge. Morning hearings: You must be ready from 9:00 AM to 1:00 PM. Afternoon hearings: You must be ready from 1:00 PM to 5:00 PM
Example of a “call-in” notice: You will have to call the Judge to attend your Fair
Hearing:
What is pro se appellant?
People who represent themselves in a Fair Hearing are called pro-se appellants. Being “pro-se” means you are handling your case without a lawyer.
What is an Administrative Law Judge?
An Administrative Law Judge (Judge) is an attorney who will oversee the hearing. They are often called Judge or Hearing Officer.
What is OTDA?
OTDA is the Office of Temporary and Disability Assistance. It is a New York State Office that oversees public benefits programs like cash assistance, food stamps/SNAP, and some Medicaid cases.
What is NYSOH?
NYSOH is the New York State of Health. It is a New York State Office that that oversees some Medicaid cases. It is part of the New York State Department of Health.