NY State Senate Bill 2009-S1703

Senate Bill S1703

2009-2010 Legislative Session

Extends the period given to certain applicants for public assistance benefits to request a fair hearing

download bill text pdf

Archive: Last Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to social services
Feb 05, 2009	referred to social services

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2009-S1703 (ACTIVE) - Details

See Assembly Version of this Bill:: A1306
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §332-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2965
2013-2014: A3404
2015-2016: A3852
2017-2018: A3041
2019-2020: A2717
2021-2022: A2360, A7760
2023-2024: A7670

2009-S1703 (ACTIVE) - Summary

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.

2009-S1703 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1703

 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 :

To ensure that public assistance applicants and recipients are given
an adequate time period to request a fair hearing if they feel the
decision made on their suitability for a work assignment is unfair.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 6 of section 332-b of the social services
law, by extending the time frame an applicant or recipient of public
assistance has to request a fair hearing on the decision made
regarding their ability to participate in work activities, from 10
days to 60 days.

 EXISTING LAW :

Currently an applicant or recipient has only 10 days to appeal the
decision made on their ability to participate in work activities.

 JUSTIFICATION :

When an applicant or recipient has reason to believe that a physical
or mental impairment may prevent the applicant or recipient from fully
engaging in work activities, they have the opportunity to produce
medical documentation and to receive a medical examination. Based on
the documentation and the examination, a determination is made as to
the ability of the applicant or recipient to participate in work
activities and the limitations they may have. Upon receiving notice of
this determination, the applicant or recipient has 10 days to request
a fair hearing on the determination. This time frame has proven to be
inadequate, as most applicants or recipients are not given their work
assignments until well after the 10 day deadline to request a fair
hearing has passed. Therefore, by the time they know whether their
work assignment exceeds their capabilities, 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 60 days to request a fair hearing. Applicants and
recipients have 90 days to request a hearing regarding their food
stamp benefits. It is unreasonable to substantially reduce the time
allotted to request a fair hearing for our most vulnerable public
assistance recipients, particularly when their health and safety may
be in jeopardy.

 LEGISLATIVE HISTORY :
2009: S.1501 - Referred to Social Services, Children and Families
2008: A.7550 - Passed Assembly
2006: A.5401 - Referred to Social Services, Children and Families
2004: S.6171/A.9680 - Passed Assembly
2002: A.4348 - Passed Assembly
2001: A.4348 - Passed Assembly

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S1703 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1703

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by  Sens. DILAN, ADAMS, BRESLIN, DIAZ, DUANE, HASSELL-THOMP-
  SON, KRUEGER, MONTGOMERY, ONORATO, OPPENHEIMER, PARKER, SAMPSON, SAVI-
  NO, SCHNEIDERMAN, SERRANO, STAVISKY -- read twice and ordered printed,
  and when printed to be committed to the Committee 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:

  Section  1. Subdivision 6 of section 332-b of the social services law,
as added by section 148 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
  6. When an applicant or recipient receives notification of the examin-
ing medical professional's disability determination,  he  or  she  shall
also  be  notified  of his or her right to request a fair hearing within
[ten] SIXTY days of such notice OR WITHIN SIXTY DAYS  OF  RECEIPT  OF  A
WORK  ACTIVITY  ASSIGNMENT.    If  such applicant timely requests a fair
hearing, no assignment to work activities pursuant to this title may  be
made  OR  ENFORCED  pending  such  hearing  and determination unless the
applicant or recipient agrees to a limited work  assignment  not  incon-
sistent  with  the  medical condition alleged by such person.  Provided,
however, that if a social services district has reason to  believe  that
such  recipient or applicant does not actually suffer from a work limit-
ing condition, the district shall provide  the  applicant  or  recipient
with  notice  of  potential  sanctions  pursuant to subdivision three of
section three hundred forty-two of this title, and provided further that
recipients will be subject to sanctions pursuant to subdivision three of
section three hundred forty-two of this title  if  the  district  deter-
mines,  based  on clear medical evidence, that there is no basis for the
individual's claim that he or she is unable  to  fully  engage  in  work
activities,  and that the individual intentionally misrepresented his or
her medical condition.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD00413-01-9

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