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News
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SNAP Appellants Are Entitled to a Fair Hearing Adjournment Without Having to Establish Good Cause
13 May, 2016
On April 27, 2016, the New York State Office of Temporary and Disability Assistance (OTDA) issued OAH Procedures Transmittal 16-03 to announce that: "Effective immediately and in accordance with federal regulation 7 CFR 273.15(c)(4) governing the postponement of Fair Hearings involving the...
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Fishman Injunction Now in Effect
14 Apr, 2016
On April 13, 2016, OTDA issued OAH Procedures Transmittal 16-02 to all OAH staff, Hearing Officers, Supervisory Hearing Officers and social services districts to announce the implementation of the statewide preliminary injunction in Fishman v Daines, 09-CV-5248 (E.D.N.Y. March 4, 2016, corrected...
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Fishman Preliminary Injunction Must Be Implemented by April 11, 2016
12 Mar, 2016
On March 10, 2016, a Preliminary Injunction was issued following the recent Memorandum and Order issued in Fishman v Daines, 09-CV-5248 (E.D.N.Y. March 4, 2016). "Defendants are preliminarily enjoined from dismissing administrative appeals of defaulting Medicaid appellants who are not given at...
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State Enjoined from Dismissing Defaulted Medicaid Fair Hearings Absent Inquiry
05 Mar, 2016
The New York State Office of Temporary and Disability Assistance (OTDA) and the New York State Department of Health (DOH) have been "preliminarily enjoined from dismissing administrative appeals of defaulting Medicaid [appellants] who are not given at least 10 days to respond to a written notice...
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Administrative Law Judges (ALJs) Must Ensure That Appellants Receive Requested Policy Materials
03 Mar, 2016
On March 1, 2016, as a follow-up to General Information System (GIS) Message 16 TA/DC001, Administrative Law Judges (ALJs) were given explicit instructions in OAH Procedures Transmittal 16-01 on how to handle Fair Hearings at which appellants requested but did not receive specific policy materials...
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