To request a Fair Hearing, follow the instructions on the New York State Office of Temporary and Disability Assistance (OTDA) website.
Tip: For Medicaid, sometimes you may need to request a hearing through the NY State of Health (NYSOH). Check your notice to be sure. Click here for instructions on how to figure out where to request the hearing, NYSOH or OTDA.
Common Questions
How do I request a Fair Hearing?
You can request a Fair Hearing:
Instructions on how to request a hearing are on OTDA’s website.
No matter how you request a fair hearing, you should:
- Tell OTDA in your request if you need a certain time for your hearing, an interpreter for another language, or other accommodations or special help at your hearing;
- Make sure that the reasons you put in your request are accurate and detailed, because you cannot change them during the hearing;
- If you request the hearing online, by mail, or by fax, make a copy of your request before you submit it and bring the copy to the hearing; Write down your Fair Hearing request number if you are given one. (TIP: Write your notes on the notice itself.)
Tip: It is usually best to request a Fair Hearing in writing, either by submitting an Online Request Form or mailing or faxing a Printable Request Form to OTDA. That way, you will have a record of your request. These forms are available in many languages. This document has instructions on how to fill out an online request form. This document has instructions on how to fill out a printable request form.
But, if you have an emergency, it may be best to request the hearing by phone. Sometimes OTDA will review your hearing request faster this way. When you call OTDA, you should explain why your case is an emergency.
If you need to request a Fair Hearing by phone, call 1-800-342-3334. The wait times for requesting a fair hearing by phone are often very long. If you live in New York City and you have an emergency, you can request an emergency Fair Hearing by calling 1-800-205-0110.
Will I get a confirmation?
OTDA will mail you a letter (called an “OAH-4420 Acknowledgement of Fair Hearing Request and Confirmation of Aid Status”) once the fair hearing request has been received and reviewed. Click here to see a sample notification. The letter will include a “fair hearing number,” which is usually a 7-digit number with a letter at the end. (For example, 7654321A.) Make sure you save your fair hearing number. OTDA will use the fair hearing number to look up your case if you contact them about any questions or problems with your hearing.
How do I request a Fair Hearing for Medicaid?
If you last applied or recertified through the New York State of Health Marketplace (NYSOH), you may need to submit your hearing with NYSOH, NOT OTDA. Double check your notice to see where you should request your hearing. Click here for instructions on how to figure out where to request the hearing, NYSOH or OTDA.
How do I request a Fair Hearing with NYSOH?
If your notice says NYS of Health, then you should follow these instructions to request an appeal. NYSOH appeals can be requested by calling 1-855-355-5777 or by completing and submitting an appeal form by fax or uploaded via your NYSOH account. Like an OTDA Fair Hearing, you will sit before an Administrative Law Judge (Judge), who will help determine whether NYSOH’s actions regarding your health insurance eligibility were correct. For more information on NYSOH appeals and how to request them, please visit Questions about Appeals | NY State of Health
When should I request a Fair Hearing?
Right away! You should ask for a fair hearing the moment you know there is a problem with your benefits, even before you receive any written notice. The sooner you request a Fair Hearing, the better.
Generally, you have 60 days to request a Fair Hearing after you receive a written notice about a change in your benefits. If the fair hearing is about SNAP (food stamps), you have 90 days to request a Fair Hearing. The notice is called a Notice of Intent or Notice of Decision.
For Medicaid only: If you are requesting a Fair Hearing about a decision of your Medicaid Managed Care (MMC) Plan or Managed Long-Term Care (MLTC) plan, you will receive a Final Adverse Determination Notice. Please note that MLTC and MMC members must “exhaust” an internal plan appeal before requesting a Fair Hearing. Check your notice for instructions and timeframes on appealing a decision regarding your benefits.
The notice should say the time limit for requesting a Fair Hearing. If you do not request a Fair Hearing and your time limit to request one has passed, then you usually lose your right to challenge the decision or any changes made.
If you see a change to your benefits, but you did NOT get a notice, there is no specific time limit to request a Fair Hearing. However, you should request the Fair Hearing as soon as possible.
Remember: If you would like your benefits to continue without change until your Fair Hearing (called “aid continuing”), then you usually must request a Fair Hearing before the effective date written on the notice or within 10 days of the postmark date of the notice. However, this is not always the case. Please see the section, “What happens to my benefits before the Fair Hearing occurs?” for more information on Aid Continuing
What if I need a Fair Hearing right away?
Normally, it can take several weeks to many months before your hearing is scheduled. But, sometimes you can get an emergency fair hearing. For example,
- you do not have food or a place to live,
- you have a notice of eviction, or
- your gas or electricity is going to be shut off.
An emergency Fair Hearing is held within a week of the request and a decision is made much faster. In NYC, to request an emergency Fair Hearing, please call 1(800) 205-0110 on Monday to Friday between 8:00 AM and 5:00 PM. Outside of New York City, write an explanation on the fair hearing request form in the comment section. Explain why you need a hearing right away. If you request the hearing by phone, when you call, explain that you need a hearing right away.
How to Continue My Benefits Until I Receive a Decision for My Hearing?
If you would like your benefits to continue without change until your Fair Hearing (called “aid continuing”), then you usually must request a Fair Hearing before the effective date written on the notice or within 10 days of the postmark date (the date the notice was sent) of the notice.
If you are applying for benefits or a shelter stay for the first time, you will not get aid continuing. You can only get aid continuing if you were getting benefits, but they were stopped or reduced.
After you make your request for a Fair Hearing, you will receive a letter telling you that your hearing request was received. This letter is called an Acknowledgement of Fair Hearing Request and Confirmation of Aid Status. This letter will also say if you got aid continuing.
Call OTDA at 1-800-342-3334 if you do not get this letter within 2 weeks of requesting the hearing.
You can still request a Fair earing after the effective date, but you will not get aid continuing. You have 90 days from the notice date to request a fair hearing about SNAP (food stamps), and 60 days to request a hearing about any other kind of benefit. If you win your fair hearing, usually you will get back all of your lost benefits (depending on the type).
If you never received a notice, you should request a Fair Hearing as soon as you have a problem with your benefits (for example, you did not receive your benefits, or you got less than you normally do). You should tell OTDA you never received a notice. If you did not get a notice, there is no time limit to request a Fair Hearing.
- Tip: The notice envelopes have postmark dates (the date the notice was sent) stamped on them. Keep the notice envelopes if you need to prove you received the notice late.
- Tip: If your benefits do not continue, you should reapply while you are waiting for your Fair Hearing. A new application for benefits will not affect your Fair Hearing.
If you lose your fair hearing, and you had aid continuing, the benefits you got while waiting for your decision will be considered an overpayment. An overpayment is when you got benefits that you did not actually qualify for. The NYC/County Social Services Agency (Agency) can take up to 10% of your benefits every month to pay back the overpayment. This is called “recoupment.” For cash assistance, you can ask the Agency to reduce the recoupment to 5% of your grant. Tell them that a 10% recoupment causes you “undue hardship.”
When will my Fair Hearing happen?
You will receive a letter (called a “Notice of Fair Hearing,” “Notice of Telephone Hearing,” or “scheduling notice”) from OTDA that says when and where your hearing will happen.
If you are not getting aid continuing, meaning that you are not getting benefits while you wait for the hearing, your hearing will be scheduled faster.
You can check whether your hearing has been scheduled by calling OTDA at 1-800-342-3334 and following the prompts to get automated fair hearing information.
You will also receive a scheduling notice telling you the time and date of your hearing. However, the hearing may not happen at the exact time written on the notice. If you have a morning appointment, then the Judge may call you at any time between 9:00 am and 1:00 pm. If you have an afternoon appointment, then the Judge may call you at any time between 1:00 pm and 5:00 pm.
How do I reschedule my Fair Hearing?
Rescheduling Fair Hearing (“Adjournment”)
- You may request an adjournment of a Fair Hearing in a few ways. You can request either 1) by submitting an Online Adjournment Form, 2) by mailing or faxing a Printable Adjournment Form, 3) by telephone, or 4) in person. The forms are available in many languages. More instructions are on OTDA’s website. If sending by mail, make sure that you mail the request in time for OTDA to get it before the scheduled hearing date.
- You must have a good reason (“good cause”) for the fair hearing to be rescheduled. Good cause typically means something unexpected and outside of your control that prevents you from participating in the hearing. Some examples include:
- If you are sick, at the doctor’s office or in the hospital.
- If you are called into work unexpectedly.
- If you unexpectedly lose connection to your telephone service.
- If you have to take a sick child to the doctor or pick them up from school.
- If you are looking for an attorney to take your case.
How do I cancel my Fair Hearing?
Canceling Fair Hearing (“Withdrawal”)
If you requested a Fair Hearing, but you do not want to have the hearing anymore, you can ask to cancel (“withdraw”) your Fair Hearing request in a few ways. You can request either 1) by submitting an Online Withdrawal Form, 2) by mailing or faxing a Printable Withdrawal Form, 3) by telephone, or, 4) in person. The forms are available in many non-English languages. More instructions can be found on OTDA’s website.
You should only withdraw the Fair Hearing request if the problem(s) that you requested the hearing about have been fixed. If your NYC/County Agency told you they will fix the problem, do not withdraw your Fair Hearing unless you have something in writing saying the problem has been fixed. If you do not have anything in writing, go to the hearing and tell the Judge that you want the Agency or Medicaid plan to say during the hearing how they are solving the problem. That way, you will have an official record.
Can I have a fair hearing in person?
Yes. You may be assigned an in-person Fair Hearing or a telephone hearing.
You always have the right to request an in-person Fair Hearing. This can be particularly helpful if:
- If you do not speak English as your first language;
- You have difficulty navigating or accessing technology; or
- You feel more comfortable presenting your case and seeing the evidence in person.
The memo linked here explains that the Office of Temporary and Disability Assistance will schedule an in-person hearing when the Appellant requests one.
How do I request an in-person Fair Hearing?
Currently, the Fair Hearing request form does not ask if you want an in-person Fair Hearing. If you want an in-person Fair Hearing, you should ask in one of these ways:
1) If you request a Fair Hearing by phone, tell the person taking your information that you want an in-person Fair Hearing;
2) If you fill out the online request form, write in the “Comments” section that you want an in-person hearing. The “Comments” section is about 2/3 of the way down the page;
3) If you request a Fair Hearing by mail or fax using this form, in the section labeled “Reason for a Hearing,” after you explain why you want a hearing, write that you want to have the hearing in person.
Can I get an interpreter at my Fair Hearing?
Yes, you can have an interpreter, whether your Fair Hearing is in person or over the phone. Both the online hearing request form and fax/mailing request forms ask if you need an interpreter. If you request your hearing by phone, tell the person taking your hearing request that you want an interpreter and the language you are requesting.
