Fair Hearing of the Month
Fair Hearing # 4593736L (7/27/2006)

March 11, 2010

Congratulations to Robin Sparks, Nassau/Suffolk Law Services

Appellant, a recipient of SSI benefits, resides with her 21-year old son and 20-year old daughter. Appellant applied for Emergency Assistance to Adults (EAA) on July 12, 2006, asking the Agency to provide a payment to Long Island Power Authority to prevent the shutoff of her utility and gas service. Appellant owed $3,214.49 for utility service and $3,110.38 for gas service, excluding the current charges (from March 2006 to July 2006, arrears in the amount of $888.92 for utilities and $330.93 for gas service accumulated). As of July 27, 2006, the Agency had failed to act an Appellant's EAA application.

Appellant indicated on her application that her daughter was in school and employed. The Agency then requested that Appellant submit a copy of her bank statement, a letter from her daughter's college regarding her ''present status'' and a current meter reading, by July 24, 2006.

On July 12, 2006, Appellant informed the Agency that her daughter might not begin attending college until a later date, and that her utility and gas service had been shut off. The Agency stated that, since her daughter was not attending college, Appellant would need to provide her daughter's paystubs for the previous 30 days as well as additional bank statements.

Appellant brought the required documents and a note from her daughter to the Agency on July 19, 2006 indicating that her daughter contributed ''as much money as I can toward the monthly rent.'' On that date, the Agency requested an additional pay stub from Appellant's daughter or a completed confidential employment inquiry form.

Appellant requested a fair hearing on July 19, 2006.

On July 20, 2006, Appellant submitted a ''Speedy Request'' form, in which she requested that her children be removed from her application. On that date, the Agency informed the Appellant that she would also need to submit a statement from her daughter, by July 31, 2006, verifying the dollar amount that she contributes each month.

On July 20, 2006, Appellant submitted to Agency a confidential employment inquiry form, completed by the employer of the Appellant's daughter, as well as a letter from Appellant's daughter, which indicated she contributed $200-300 a month towards the rent.

On July 20, 2006, the Agency requested that the Appellant bring in both of her children for finger-imaging. Appellant brought in both of her children on July, 21, 2006 for finger imaging, but had to leave at noon in order to appear at this fair hearing.

The ALJ held that there was no provision for requiring finger-imaging of EAA applications or applicants for assistance under SSL 131-s to restore utility service. Thus, the ALJ found that the Agency's failure to act to restore service, due to its waiting for compliance with a finger-imaging request, was incorrect.

At the fair hearing, the ALJ held that the Agency's failure to act on Appellant's request for assistance was not correct and, thus, reversed. The ALJ directed the Agency to issue a payment, on the Appellant's behalf, to the Long Island Power Authority, in the amount of $888.92 for the utility arrears and $330.93 for the gas arrears. The Agency was also directed to notify the Appellant in writing of its determinations and insure payment of Appellant's utility bills for a period of six months, pursuant to SSL 131-2 and 18 NYCRR 352.5(f), unless the Appellant's SSI benefits are discontinued earlier.

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