Empire Justice Center and National Center for Law and Economic Justice (NCLEJ) have filed a petition and class action complaint on behalf of Defendants who had filed fair hearings after a denial, reduction, or termination of benefits and were not granted their hearings in a timely manner.
People who are applying for or receiving Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance (TA) may request a fair hearing to appeal a reduction, termination, or other adverse change to their benefits. A fair hearing provides an opportunity to explain to a neutral administrative law judge why the decision of a local social services agency was wrong or harmful. Regulations require that a decision be rendered within 60 days of a hearing request concerning SNAP, and within 90 days of a hearing request concerning TA. Our lawsuit maintains that the Office of Temporary and Disability Assistance (OTDA) has failed to comply with these timelines, with a number of hearings decisions being overdue by more than a year.
A PDF copy of the petition is available for more information.
