Lawyers Manual - Unified Court System

Public Assistance and Housing 257
Because public benefits are administered by a state agency, the legal
landscape is largely defined by sub-regulatory agency directives such as
informational letters (INF), administrative directives (ADM), memorandums to
the Local District Commissioners (LCM), as well as New York City policy
directives (PD). 10 Administrative Decisions After Fair Hearings (DAFH) 11 also
set forth substantive precedent. While there is relevant case law, 12 it is often
focused on the procedure governing fair hearings or local and state compliance
with existing state and federal laws. 13
The regulations and policies that govern these areas of law change
periodically, so practitioners should consult advocates with particular expertise.
It is important to be familiar with the sources and substance of welfare law and
policy because improper or possibly illegal determinations about an applicant or
recipient’s case are made by welfare caseworkers and supervisors who are often
not well-versed in these materials. Incorrect determinations can and should be
challenged, and such challenges will require facility with federal and state law,
regulations, and administrative policies. Recipients can request fair hearings to
challenge adverse decisions. Although recipients do not have a right to counsel
in the fair hearing process, they may be represented by an attorney, an advocate,
or represent themselves in a fair hearing. The welfare system is extremely
complicated so even if you are not able to provide the survivor with direct
representation, you should try to provide her or her advocate with support and
assistance in the preparation of her administrative review.
The Application and Eligibility Process
In most communities, an individual can fill out one universal application14 for general welfare benefits (transitional benefits or TA), Food Stamps, and
Medicaid at the local welfare district office or welfare center. However TA,
Food Stamps15 and Medicaid are governed by different eligibility rules and
procedures. Families not eligible for FA or SNA may still be eligible for Food
Stamps, regular Medicaid, and/or one of the special programs such as Child
Health Plus or Family Health Plus. 16
Clients applying for TA are expected to document their household’s
eligibility for benefits. Applicants will need to provide such documentation as:
birth certificates, social security cards, proof of immigration status, any other
forms of identification, bank statements, proof of other earned or unearned
income in the household (including pay stubs, support and custody orders,
divorce judgments), school records, medical records, lease, and any other
resources (such as real property, stocks, bonds, retirements accounts). Domestic