After the completion of your hearing, a written decision will be mailed to you. It usually takes around three weeks, but the length of time varies. As a general rule, if, after 1 month, you still have not received your fair hearing decision, you should contact the OTDA at 1(518)474-8781 or 1(800)342-3334. If you had an emergency fair hearing, you should call if you have not received your decision in one week.
Common Questions
After the decision is made, your local social services agency (the “Agency”) must make the changes the Administrative Law Judge (the “Judge”) ordered within a reasonable amount of time.
If the Agency ignores the decision or is taking too long to comply with the decision, you can request their compliance with the Fair Hearing decision online or by mail.
- Online. You can request compliance with a Fair Hearing decision by following the instructions on the OTDA’s website.
- Mail. Send a letter and a copy of the cover page of the Fair Hearing decision to the address listed on the form. In the letter, you should explain that the agency has not done what the decision said it should do. You may also take a copy of your fair hearing decision directly to the agency and ask to speak with the Fair Hearing Compliance Unit Supervisor. This may get your fair hearing decision looked at and reviewed a little faster.
If you lose your fair hearing, you can appeal the decision in a New York State Supreme Court (sometimes referred to as an “Article 78 proceeding”). Each county has its own Supreme Court. Please use the New York Courts Locator to locate the appropriate court. You must file the appeal within 4 months of the date of the decision. In some cases, the deadline to file an appeal may be shorter. Check with a lawyer as soon as you can to find out your deadline to file an appeal.
If you choose to appeal an unfavorable decision, you will need to request a copy of the fair hearing transcript (the documents & recording). To obtain the record, you may:
- Mail a request that includes your fair hearing number and the date of the decision to:
Fair Hearing Transcript Unit
NYS Office of Temporary & Disability Assistance
P.O. Box 1930
Albany, NY 11201-1930 - Email adminrecords@otda.state.ny.us. In the email, make sure you include your fair hearing number and the date of the decision.
You also need to provide valid legal arguments for why the Judge was wrong in their decision. It is advised to obtain legal counsel if you wish to appeal your Fair Hearing. Only a lawyer who listens to the facts of your case and is familiar with the relevant law can give you a good answer about which arguments work best with your case.