Legislative Memorandum 

Empire Justice Memo of Support: S.1703 (Dilan)/A.1306 (Wright)

This bill would amend Social Services Law 332-b to apply the general 60 day statute of limitations for requesting a fair hearing to individuals who are challenging an agency determination regarding their employability.

Applicants and recipients of public assistance who are disabled can ask the local social services district to find them unable to work, or able to work with limitations.  If the agency considers the request but rejects it, the applicant or recipient only has 10 days from the date of the notice to request a hearing.  This short time frame is inconsistent with the general statute of limitations for fair hearing requests, which is normally 60 days for matters involving cash assistance and 90 days for food stamps. Social Services Law 22(4)(a).

The short statute of limitations is particularly problematic for those who are deemed “work limited.” Such persons may have asserted that they are disabled but may presume that the “work limited” label will accommodate their disabilities.  If they receive their work assignment after the 10 day period expires, and find that the assignment does not appropriately address their limitations, their time to request a hearing may have passed.  This problem was recognized, but not resolved, in Mitchell v. Barrios-Paoli, 253 A.D. 2d 281 (1st Dep’t 1999).

Providing a shorter statute of limitations to those who claim a disability makes no sense.  In many cases this is the very population for whom the state agency should be making reasonable accommodations. See “Prohibition Against Discrimination on the Basis of Disability in the Administration of TANF,” Department of Health and Human Services, Office for Civil Rights.  

Conclusion: We strongly support the passage of this bill.
 

03/20/09