Extends the period given to certain applicants for public assistance benefits to request a fair hearing on a determination of their ability to participate in work activities from ten days to sixty days or within sixty days of receipt of a work activity assignment.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7670
SPONSOR: Anderson TITLE OF BILL:
An act to amend the social services law, in relation to extending the
period given to certain applicants for public assistance benefits to
request a fair hearing
PURPOSE OR GENERAL IDEA OF BILL:
This bill extends the time allowed for.a disabled applicant for, or
recipient of, public assistance to request a fair hearing on the suit-
ability of a work assignment.
SUMMARY OF SPECIFIC PROVISIONS:
This bill would extend from 10 to 6o days the time allowed for an appli-
cant for, or recipient of, public assistance to request a fair hearing
to contest a determination of disability made by an-examining medical
professional or work assignment made by the social services district.
This bill would further provide that when the applicant has made a time-
ly request for such fair hearing, no work activity may be enforced pend-
ing the hearing and determination.
JUSTIFICATION:
Under existing law, when an applicant or recipient of public assistance,
or a local social services district, has reason to believe that a phys-
ical or mental impairment may prevent the applicant or recipient from
fully engaging in work activities, the applicant or recipient has the
opportunity to submit documentation of his or her condition and receive
may be referred to an OTDA certified health care practitioner for
further medical evaluation to verify the condition. Based on the
documentation and the examination, a determination is made that the
applicant or recipient is: (1) disabled and unable to work; (2) able to
engage in work activities with stated limitations; or (3) neither disa-
bled nor "work limited." Upon receiving notice of this determination of
disability, the applicant or recipient has in days to request a fair
hearing of the determination. This bill would amend § 332-b(6) of the
Social Services Law to extend the time allowed to request a fair hearing
to 6o days, in order to make this time period consistent with the time
allowed for requesting other types of fair hearings under the Social
Services Law.
Disabled public assistance recipients are frequently assigned to work
activities that are either impossible to perform given their medical
condition or hazardous to their health. In fact, one disabled recipient
suffered a fatal heart attack while assigned to perform sanitation
duties that were incompatible with her documented medical history.
Although currently given the opportunity to request a fair hearing to
contest a work assignment, disabled applicants and recipients of public
assistance are rarely able to meet the 10 day deadline to request such
hearing because they are not informed of the specific duties that will
be required at the work assignment until the 10 day period has expired.
Therefore, once they recognize that their work assignment will exceed
their capabilities or pose a threat to their health, it is too late to
challenge it.
Under existing law, applicants and recipients seeking to appeal almost
any other decision by a local social services district have 6o days to
request a fair hearing. Applicants and recipients of food stamps have go
days to request a hearing with regard to their food stamp benefits. It
is unreasonable to substantially reduce the time allotted to the most
vulnerable public assistance recipients - the disabled - to request a
fair hearing, particularly when their health and safety may be in
jeopardy.
PRIOR LEGISLATIVE HISTORY:
2022: S7449- Passed Senate 2019-2020: A.2717; 2017-2018: A.3041;
2015-2016: A.4852; 2013-2014: A.3404; 2011: A.2965; 2009: A.1306; 2007:
Passed Assembly, Bill A.7550; 2004: Passed Assembly; 2002: Passed Assem-
bly; 2001: Passed Assembly;. 2000: Referred to Social Services Commit-
tee.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
7670
2023-2024 Regular Sessions
IN ASSEMBLY
June 1, 2023
___________
Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
tee on Social Services
AN ACT to amend the social services law, in relation to extending the
period given to certain applicants for public assistance benefits to
request a fair hearing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 332-b of the social services law,
2 as added by section 148 of part B of chapter 436 of the laws of 1997, is
3 amended to read as follows:
4 6. When an applicant or recipient receives notification of the examin-
5 ing medical professional's disability determination, he or she shall
6 also be notified of his or her right to request a fair hearing within
7 [ten] sixty days of such notice or within sixty days of receipt of a
8 work activity assignment. If such applicant timely requests a fair
9 hearing, no assignment to work activities pursuant to this title may be
10 made or enforced pending such hearing and determination unless the
11 applicant or recipient agrees to a limited work assignment not incon-
12 sistent with the medical condition alleged by such person. Provided,
13 however, that if a social services district has reason to believe that
14 such recipient or applicant does not actually suffer from a work limit-
15 ing condition, the district shall provide the applicant or recipient
16 with notice of potential sanctions pursuant to subdivision three of
17 section three hundred forty-two of this title, and provided further that
18 recipients will be subject to sanctions pursuant to subdivision three of
19 section three hundred forty-two of this title if the district deter-
20 mines, based on clear medical evidence, that there is no basis for the
21 individual's claim that he or she is unable to fully engage in work
22 activities, and that the individual intentionally misrepresented his or
23 her medical condition.
24 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03291-01-3
