S 2257: 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 ________________________________________________________________________ 2257 2025-2026 Regular Sessions  IN SENATE January 16, 2025 ___________ Introduced by Sens. COMRIE, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee 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