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This entry was published on 2014-09-22
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Legal representation of individuals whose federal disability benefits have been denied or may be discontinued
Social Services (SOS) CHAPTER 55, ARTICLE 2
§ 35. Legal representation of individuals whose federal disability
benefits have been denied or may be discontinued. 1. The commissioner
shall establish criteria for selection of grant applications, review
applications awarded pursuant to the provisions of this section, and
exercise and perform such other functions as are related to the purposes
of this section.

2. The commissioner shall make grants, within the amounts appropriated
for that purpose, to not-for-profit legal services corporations and
not-for-profit agencies serving the disabled and local social services
districts, to provide for representation of persons whose federal
disability benefits including supplemental security income and social
security disability insurance have been denied or may be discontinued
for the purpose of representing these persons in appropriate
proceedings. When the commissioner has contracted with a local social
services district to provide such representation, the legislative body
of such district may authorize and make provision for the commissioner
of social services of the district to obtain necessary legal services on
a fee for services basis or other appropriate basis which the department
may approve. Such legal services may be provided by not-for-profit legal
services corporations, not-for-profit agencies serving the disabled or
private attorneys.

3. The commissioner shall submit a report to the chairman of the
senate finance committee and the chairman of the assembly ways and means
committee on or before the first day of October, nineteen hundred
ninety-eight and biannually thereafter. Such a report shall include but
not be limited to a review of the basis for selection of participating
entities; the administrative method used to carry out the program; the
number of cases appealed by district; the disposition of such appeals;
an identification of the savings and costs of the program to the state
and localities by district; an evaluation of the continuing need for
legal representation provided by the program and recommendations for
possible federal and state legislative and regulatory actions relating

4. Responsibility for local financial participation shall be
determined by the commissioner based on either costs of and the number
of district residents served by each local entity or the alternative
cost allocation procedure deemed appropriate by the commissioner.