http://kbwnylc.wnylc.com/kb_wnylc/ http://kbwnylc.wnylc.com/kb_wnylc/entry/6/ by Gene Doyle, LMSW At the top right hand corner of the Notice of Fair Hearing (OAH-457), i.e., the scheduling notice, there is a three digit code, which indicates the Administrative Law Judge (ALJ) who has been assigned to conduct the Fair... Tue, 14 Sep 2021 20:43:01 -0400 http://kbwnylc.wnylc.com/kb_wnylc/entry/63/ by Gene Doyle, LMSW The Office of Administrative Hearings (OAH) issues periodic instructions to its staff and to local social services districts on various procedures pertaining to the processing of Fair Hearing requests and the scheduling of... Mon, 15 Mar 2021 15:25:39 -0400 http://kbwnylc.wnylc.com/kb_wnylc/entry/64/ by Gene Doyle, LMSW The Office of Administrative Hearings (OAH) has begun to issue a new type of communication simply called OAH Transmittals. These new transmittals are different from the OAH Procedures Transmittals, which have been issued for... Mon, 15 Mar 2021 15:15:28 -0400 http://kbwnylc.wnylc.com/kb_wnylc/entry/59/ by Gene Doyle, LMSW State Fair Hearing regulations authorize the issuance of corrected decisions where there is a production error or an error of law or fact [18 NYCRR § 358-6.6(a)] and also authorize the reopening of previously closed Fair... Tue, 23 Feb 2021 07:37:54 -0500 http://kbwnylc.wnylc.com/kb_wnylc/entry/7/ by Gene Doyle, LMSW These annual statistics were obtained from the New York State Office of Temporary and Disability Assistance (OTDA) through the Freedom of Information Law (FOIL). The original OTDA data is available upon request. These tables... Tue, 23 Feb 2021 06:55:56 -0500 http://kbwnylc.wnylc.com/kb_wnylc/entry/37/ by Gene Doyle, LMSW On May 18, 1971, George W. Chesbro, the Acting Commissioner of the New York State Department of Social Services (NYSDSS), promulgated new regulations at 18 NYCRR §§ 300.3, 300.4 and 300.5. In a May 12, 1971 memorandum,... Sun, 21 Feb 2021 12:55:08 -0500 http://kbwnylc.wnylc.com/kb_wnylc/entry/58/ by Gene Doyle, LMSW Social Services Law § 22[2] authorizes the Commissioner to designate "one or more appropriate members of his [sic] staff to consider and decide such appeals. Any staff member so designated and authorized shall have authority... Sat, 23 Jan 2021 06:43:13 -0500 http://kbwnylc.wnylc.com/kb_wnylc/entry/65/ by Gene Doyle, LMSW Fair Hearing Information System (FHIS) Codes The Fair Hearing Information System (FHIS) is a sub-system of New York State's Welfare Management System (WMS), maintained by OTDA. FHIS tracks each administrative appeal from the... Fri, 04 Sep 2020 10:32:14 -0400 http://kbwnylc.wnylc.com/kb_wnylc/entry/4/ by Gene Doyle, LMSW Several companies offer online legal research services, which allow users to search for federal and state court decisions as well as federal and state laws and regulations. Two of the most widely used services are Westlaw and... Tue, 01 Sep 2020 10:03:18 -0400 http://kbwnylc.wnylc.com/kb_wnylc/entry/3/ by Gene Doyle, LMSW Governor Mario Cuomo's Executive Order No. 131 requires state agency to file reports on their administrative adjudication plans every two years. These biennial reports must set forth "the steps taken by the agency to comply... Mon, 31 Aug 2020 00:08:18 -0400 http://kbwnylc.wnylc.com/kb_wnylc/entry/2/ by Gene Doyle, LMSW In the January 30, 1991 edition of the New York State Register, the New York State Department of Social Services (NYSDSS) announced the developed of its Administrative Adjudication Plan in accordance with Governor Mario M.... Sun, 30 Aug 2020 23:01:32 -0400 http://kbwnylc.wnylc.com/kb_wnylc/entry/1/ by Gene Doyle, LMSW On December 4, 1989, Governor Mario M. Cuomo issued Executive Order No. 131, which requires every state agency responsible for administrative adjudication to develop and implement an administrative adjudication plan by July 1,... Sun, 30 Aug 2020 22:46:18 -0400 http://kbwnylc.wnylc.com/kb_wnylc/entry/62/ by Gene Doyle, LMSW On February 19, 2020, the U.S. Department of Health and Human Services (HHS) submitted an amicus brief to the Second Circuit Court of Appeals in Lisnitzer v Zucker, No. 19-470, declaring that Medicaid regulations . . . require... Sun, 30 Aug 2020 22:42:08 -0400 http://kbwnylc.wnylc.com/kb_wnylc/entry/57/ by Gene Doyle, LMSW To comply with the Stipulation and Order of Settlement in Rafferty v Doar, 13-CV-1410 (S.D.N.Y. October 23, 2015), OTDA and DOH jointly issued Administrative Directive 16-ADM-08 on June 22, 2016 to provide "social services... Sun, 30 Aug 2020 21:50:34 -0400 http://kbwnylc.wnylc.com/kb_wnylc/entry/53/ by Gene Doyle, LMSW OTDA revised 18 NYCRR § 358-5.5, effective November 13, 2012, as a result of the settlement of Matter of Johnson v Berlin, Index No. 400081/2010 (Sup. Ct. New York Co. September 19, 2012). OTDA replaced 18 NYCRR § 358-5.5... Sun, 30 Aug 2020 21:32:40 -0400