This website was created through a collaborative effort by the Lawyering in the Digital Age Clinic at Columbia Law School, Empire Justice Center, The Legal Aid Society, and New York Legal Assistance Group to help New York state residents learn more about Fair Hearings, especially telephone hearings1. It is now jointly maintained by Legal Services NYC-Bronx, Empire Justice Center, The Legal Aid Society, and New York Legal Assistance Group
A Fair Hearing is an opportunity to challenge or appeal a social services district’s decisions about your cash assistance, Supplemental Nutrition Assistance Program (SNAP), Medicaid, and other benefits. The New York State Office of Temporary and Disability Assistance (OTDA) administers the fair hearing program and conducts all hearings. From October 1, 2022, to September 30, 2023, New Yorkers submitted more than 160,000 Fair Hearing requests to the OTDA and participated in more than 80,000 Fair Hearings2. Most people represent themselves at their hearings. A term for these self-represented people is “pro-se appellants”.
In response to the COVID-19 public health emergency, the OTDA started a demonstration project in March 2020 that allows Fair Hearings to be held remotely. Since then, most hearings have been conducted via the telephone. Although this policy makes Fair Hearings more accessible to some people, the process can also be confusing and difficult for people who are representing themselves.
Our goal is to offer self-represented people information that will allow them to more fully participate in their Fair Hearings and exercise their due process rights.
References:
- Office of Temporary and Disability Assistance – Telephonic Hearings. https://otda.ny.gov/hearings/telephonic-hearings.asp
- Office of Temporary and Disability Assistance – 2023 Annual Report. https://otda.ny.gov/resources/reports/OTDA-Annual-Report-2023.pdf