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.
STATE OF NEW YORK
________________________________________________________________________
3093
2025-2026 Regular Sessions
IN ASSEMBLY
January 23, 2025
___________
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] they
6 shall also be notified of [his or her] the right to request a fair hear-
7 ing within [ten] sixty days of such notice or within sixty days of
8 receipt of a work activity assignment. If such applicant timely
9 requests a fair hearing, no assignment to work activities pursuant to
10 this title may be made or enforced pending such hearing and determi-
11 nation unless the applicant or recipient agrees to a limited work
12 assignment not inconsistent with the medical condition alleged by such
13 person. Provided, however, that if a social services district has
14 reason to believe that such recipient or applicant does not actually
15 suffer from a work limiting condition, the district shall provide the
16 applicant or recipient with notice of potential sanctions pursuant to
17 subdivision three of section three hundred forty-two of this title, and
18 provided further that recipients will be subject to sanctions pursuant
19 to subdivision three of section three hundred forty-two of this title if
20 the district determines, based on clear medical evidence, that there is
21 no basis for the individual's claim that [he or she is] they are unable
22 to fully engage in work activities, and that the individual inten-
23 tionally misrepresented [his or her] their 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.
LBD04925-01-5
