A 3093: Extends the period given to certain applicants for public assistance benefits to request a fair hearing on a determination of their ability to participate in work activities from ten days to sixty days or within sixty days of receipt of a work activity assignment.

  
  STATE OF NEW YORK ________________________________________________________________________ 3093 2025-2026 Regular Sessions  IN ASSEMBLY January 23, 2025 ___________ Introduced by M. of A. ANDERSON -- read once and referred to the Commit- tee on Social Services AN ACT to amend the social services law, in relation to extending the period given to certain applicants for public assistance benefits to request a fair hearing The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6 of section 332-b of the social services law, 2 as added by section 148 of part B of chapter 436 of the laws of 1997, is 3 amended to read as follows: 4 6. When an applicant or recipient receives notification of the examin- 5 ing medical professional's disability determination, [he or she] they 6 shall also be notified of [his or her] the right to request a fair hear- 7 ing within [ten] sixty days of such notice or within sixty days of 8 receipt of a work activity assignment. If such applicant timely 9 requests a fair hearing, no assignment to work activities pursuant to 10 this title may be made or enforced pending such hearing and determi- 11 nation unless the applicant or recipient agrees to a limited work 12 assignment not inconsistent with the medical condition alleged by such 13 person. Provided, however, that if a social services district has 14 reason to believe that such recipient or applicant does not actually 15 suffer from a work limiting condition, the district shall provide the 16 applicant or recipient with notice of potential sanctions pursuant to 17 subdivision three of section three hundred forty-two of this title, and 18 provided further that recipients will be subject to sanctions pursuant 19 to subdivision three of section three hundred forty-two of this title if 20 the district determines, based on clear medical evidence, that there is 21 no basis for the individual's claim that [he or she is] they are unable 22 to fully engage in work activities, and that the individual inten- 23 tionally misrepresented [his or her] their medical condition. 24 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04925-01-5