Fair Hearings

FAIR HEARINGS

How to Request a Review of a Decision About Your Case

WHAT IS A FAIR HEARING?

A Fair Hearing is a chance for you to tell an Administrative Law Judge from the NYS Office of Temporary and Disability Assistance, Office of Administrative Hearings, why you think a decision about your case made by Erie County Social Services is wrong.

The NYS Office of Temporary and Disability Assistance will then issue a written decision which will state whether Erie County Social Services decision was right or wrong.

The written decision may order Erie County Social Services to correct your case. Fair Hearings are can be requested for cases in the following areas:

  • Safety Net Assistance
  • Home Energy Assistance Program
  • Supplemental Nutrition Assistance Program
  • Medicaid
  • Personal Care Services
  • Foster Care Payments
  • Other Services

HOW DO I REQUEST A FAIR HEARING?

A request for a Fair Hearing can be completed online, by telephone, by fax, or by US Mail.

ONLINE:

You may request a Fair Hearing using the Fair Hearing Online Request Form. You must have JavaScript enabled in order to use the online forms. Be sure to have all documents on hand before you begin the form.

TELEPHONE:

You may request a Fair Hearing by calling the statewide toll free number: 1-800-342-3334, or 1-518-474-8781. Be sure to have all documents on hand before you begin the call.

US MAIL & FAX:

You may request a Fair Hearing by printing and completing a Fair Hearing Request Form.

You may also pick up a Fair Hearing Request Form in person at the Commissioners Office Window, Erie County Social Services, Rath Building, 8th Floor. To preserve any aid-continuing rights, be sure to fax or postmark your request as described in the Notice of Intent.

The form may be faxed to 1-518-473-6735 or mailed to:

NYS Office of Temporary and Disability Assistance,
Office of Administrative Hearings
P.O. Box 1930
Albany, NY 12201-1930

Fax: 518-473-6735

Phone: 1-518-474-8781 or 1-800-342-3334

REQUEST AN ADJOURNMENT OR REOPENING

If you are unable to attend your scheduled hearing and your hearing date hasn't passed yet, you may request a new hearing date. You will need to explain to us why you have a good reason ("good cause") for the hearing to be rescheduled.

If you did not attend a scheduled hearing, you may request that we reopen and reschedule your defaulted hearing. You must provide a good reason (“good cause”) for failing to appear at the scheduled hearing within one year from the date of your failure to appear. A defaulted hearing will not be restored to the calendar if the request to reopen and reschedule is made a year or more from the date of your failure to appear.

If we cannot adjourn or reopen your previously scheduled hearing, we will treat your request as a new request for a fair hearing. This means that your eligibility to have your benefits continue until the hearing, if applicable, will be based on the new request date.

ONLINE:

You may request an adjournment or reopening using the Adjournment Online Form. You must have JavaScript enabled in order to use the online forms. Be sure to have all documents on hand before you begin the form.

TELEPHONE:

You may request an adjournment or reopening of a fair hearing by calling our statewide toll-free adjournment number: 1-877-209-1134. Be sure to have all documents on hand before you begin the call.

US MAIL & FAX:

Written requests for adjournments submitted less than seven days before the hearing may not allow sufficient time for proper processing and our written response, should it be necessary. You may request an adjournment or reopening by printing and completing an Adjournment Form

You may also pick up a Fair Hearing Request Form in person at the Commissioners Office Window, Erie County Social Services, Rath Building, 8th Floor. The form may be faxed to 1-518-473-6735 or mailed to:

NYS Office of Temporary and Disability Assistance,
Office of Administrative Hearings
P.O. Box 1930
Albany, NY 12201-1930

Fax: 518-473-6735

Phone: 1-518-474-8781 or 1-800-342-3334

CANCEL A FAIR HEARING REQUEST

You may withdraw your request for a fair hearing using the Fair Hearing Online Withdrawal Form

You may withdraw a request for a fair hearing by calling our statewide toll-free number: 1 (877) 209-1134

You may withdraw a request for fair hearing by mail or fax by completing a withdraw form

This form may be faxed to 518-473-6735 or mailed to the following address:

NYS Office of Temporary and Disability Assistance,
Office of Administrative Hearings
P.O. Box 1930
Albany, NY 12201-1930

Fax: 518-473-6735

Phone: 1-518-474-8781 or 1-800-342-3334

SEARCH FAIR HEARING DECISIONS

The Office of Administrative Hearings publishes all of its Fair Hearing Decisions on the Internet. These decisions have all personal and confidential information removed. If you want to look at old decisions or find other decisions whose facts are similar to yours, you may search this archive.

CONTACT FAIR HEARINGS

For all other issues, including inquiries or complaints regarding a specific fair hearing decision, obtaining an additional copy of a decision, or requests to amend a decision and/or reopen a hearing, you may contact the Office of Administrative Hearings at:

NYS Office of Temporary and Disability Assistance,
Office of Administrative Hearings
P.O. Box 1930
Albany, NY 12201-1930

Fax: 518-473-6735

Phone: 1-518-474-8781 or 1-800-342-3334

SPEECH OR HEARING IMPAIRED

Please contact the New York Relay Service at 711 and request that the operator call us at 1-877-502-6155.

Service at this number will only be provided to callers using TDD equipment.