Fair Hearing Office
A Fair Hearing is a chance for you to tell an Administrative Law Judge why you think a decision about your case is wrong.
After the hearing, the New York State Office of Temporary and Disability Assistance will issue a written decision. The written decision may or may not order a correction to your case.
Request a Fair Hearing
Online: NYS Online Fair Hearing Request Form
By Phone: (800) 342-3334
By Mail: Complete a printable version of the Fair Hearing Request Form (PDF).
Cancel a Fair Hearing
Online: NYS Online Fair Hearing Withdrawal Form
By Phone: (877) 209-1134
By Mail: Complete a printable version of the Fair Hearing Withdrawal Form (PDF).
Request an Adjournment
Online: NYS Online Fair Hearing Adjournment Form
By Phone: (877) 502-6155
By Mail: Complete a printable version of the Fair Hearing Adjournment/Reopening Form (PDF).
Printed forms may be faxed to (518) 473-6735, or mailed to New York State Office of Temporary and Disability Assistance, Office of Administrative Hearings, P.O. Box 1930, Albany, NY 12201-1930
Frequently Asked Questions
When a hearing is requested, the state will send the appellant a notice regarding the time and place of the hearing.
The hearings are held at the WCDSS Fair Hearing Office:
112 East Post Road, 3rd Floor
White Plains, NY 10601
Phone: (914) 995-3920 or (914) 995-3901
A customer has the right to challenge certain determinations, or actions taken, by the Westchester County Department of Social Services through the Fair Hearing process when he/she disagrees with the department's decision. Examples of issues are:
- Denial of Public Assistance, Medical Assistance, SNAP, HEAP, or Services Employability, work requirement decisions
- Failure to determine the customer's eligibility in a timely manner
- Discontinuance, suspension, or reduction of assistance
- Inadequacy in the amount or manner of payments of assistance
- The determination that a protective, vendor, or two party payment should be made or continued, e.g., restrictions
- Any grounds affecting the customer's entitlement to assistance
If the appellant makes a request of the department, necessary transportation for the appellant, his or her representative and witnesses, as well as child care, must be provided. These requests should be made in advance to the assigned district office worker.
A customer has the right to be represented by legal counsel, a relative, a friend or other person at the hearing.
If free legal assistance is needed, it may be obtained from advocacy groups such as Legal Services of the Hudson Valley or other legal advocacy groups.
The appellant, his/her attorney, or other representative will have the opportunity to present written and oral evidence to demonstrate why the action should not be taken, as well as an opportunity to question any persons who appear at the hearing.
The appellant also has the right to bring witnesses to speak in his/her behalf, as well as bring documents such as the department's notices, pay stubs, receipts, medical bills, medical verification or letters that may be helpful in presenting his/her case.
Additionally, if requested, the New York State Office of Family Assistance will provide interpreter services.
Upon receipt of a request for a Fair Hearing from a customer, the New York State Department of Social Services makes a determination as to whether the hearing should be "Aid-Continuing" or "Non-Aid Continuing." Generally, "Aid-Continuing" is mandated if the request is received before the effective date of the reduction or discontinuance notice.
Additional Resources
Contacts:
Fair Hearing Office
112 East Post Road, 3rd Floor
White Plains, NY 10601
Phone: (914) 995-3920 or (914) 995-3901