October 2007

October 2007

October 2007

Articles in this Issue

Court of Appeals Limits Oral Arguments
October 1, 2007
The Circuit is moving from a procedure under which oral argument is the default and the norm, to one where oral argument will be had only if counsel requests it, and then only if “the facts and legal arguments are [not] adequately presented in the briefs and record, and the decisional process would . . . be significantly aided by oral argument.” Read More

HRA Agrees to Remedy Work Exemption Problems
October 1, 2007
Many clients in New York City who have already won their Title II and/or Title XVI cases are still being called in for employability appointments before their SSI is paid. These clients may have had their Public Assistance cases closed or sanctioned for not attending a WeCARE or other employability appointment while they are waiting for their favorable SSI decision to be processed and paid. Read More

October 2007 Regulatory Roundup
October 1, 2007
Regulatory Round Up reports on administrative rule making of interest to public benefits specialists. The rulemaking described below appeared in the New York State Register from August 15, 2007 to October 24, 2007. All references are to 18 NYCRR, unless otherwise indicated. Read More

Doe v. Doar
Court Strikes Down Regulation that Reduced Public Assistance Benefits to Families with Disabled Household Members
October 1, 2007
On September 13, 2007, after over three years of litigation, the class action Doe v. Doar concluded when Monroe County Supreme Court Justice David Egan signed a judgment declaring that 18 NYCRR 352.2(b) is invalid because it violates Social Services Law §§131-a; 131-c and 209. Read More

New OCFS Statewide Report on Services for Limited English Proficiency (LEP) Individuals at Social Services Offices
October 1, 2007
In September 2007, the Office of Children and Family Services (OCFS) released “The Needs of and Services for Persons with Limited English Proficiency (LEP): Findings from OCFS’s LEP Survey.” Read More

Federal Reemployment Rights of Returning Military Personnel
October 1, 2007
Over 500,000 members of the National Guard and Reserve have been called up to military service following the attacks on September 11, 2001. With the hope that many of these service members will soon be returning home from overseas missions, they will also be legally entitled to return to their old jobs. Read More

USDA Food Stamp Award $$$ Available to Local Districts
October 1, 2007
OTDA recently received a $9.8 million performance bonus award from USDA for payment accuracy improvements in the Food Stamp Program. Read More

New York Pushes Toward Universal Health Care
Encounters Major Federal Resistance
October 1, 2007
New York State has recently responded to federal roadblocks to expansion of public insurance for children by organizing a coalition of states to take the Centers for Medicare and Medicaid Services (CMS) to court. Read More

New Project to Assess Medicare Part D Services in New York State
October 1, 2007
On January 1, 2006, the Part D prescription drug component coverage of the Medicare Modernization Act of 2003 was implemented. Read More

2007 Domestic Violence Legislative Update
October 1, 2007
Summaries of the domestic violence-related laws passed in 2007 in New York Read More

Criminal Mischief Becomes a New Family Offense
October 1, 2007
New York’s Response to Criminal Mischief in the Domestic Violence Context Read More

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