When New York City or New York State denies, reduces, or terminates your benefits — whether that’s Medicaid, SNAP, cash assistance, CityFHEPS, or another program — you have the right to appeal that decision. The process is called a fair hearing, and it is one of the most powerful and underused rights available to low-income New Yorkers. This guide explains how it works and how to request one.
What Is a Fair Hearing?
A fair hearing is a formal administrative proceeding conducted by the New York State Office of Temporary and Disability Assistance (OTDA). It gives you the right to challenge an agency’s decision before a neutral hearing officer. Fair hearings cover decisions made by:
- NYC HRA (Human Resources Administration) — for SNAP, cash assistance, Medicaid, and other HRA programs
- New York State Department of Health — for Medicaid decisions made at the state level
- NYC DSS (Department of Social Services) — for housing assistance programs including CityFHEPS
You can request a fair hearing any time your benefits are denied, reduced, suspended, or terminated — or if the agency fails to act on your application within required timeframes.
The Most Important Rule: The “Aid Continuing” Right
If you are currently receiving benefits and the agency takes an action to reduce or terminate them, there is a critical deadline: if you request a fair hearing before the effective date of the action (the date your benefits are set to change), your benefits must be continued at the current level while your hearing is pending. This is called “aid continuing.”
This means: if you receive a notice that your SNAP benefits will be cut next month, request your fair hearing immediately — before that effective date — and your benefits must keep coming at the current level while you wait for your hearing and decision.
How to Request a Fair Hearing
Option 1: Request Online
Go to the OTDA Fair Hearing Request portal at otda.ny.gov/hearings/. You can submit a request online 24/7. This is the fastest method and creates an immediate timestamp for your request date.
Option 2: Request by Phone
Call the OTDA Fair Hearing line at 1-800-342-3334 (TDD: 1-800-641-6555), Monday–Friday 8am–5pm. Tell the operator you want to request a fair hearing and provide your name, address, case number, and the program involved.
Option 3: Request in Writing
Send a written request by mail or fax to OTDA. The notice you received from the agency should include the address. Written requests should state your name, address, case number, the agency’s action you are appealing, and the words “I request a fair hearing.”
Option 4: Request at Your HRA Office
You can submit a fair hearing request in person at your local HRA office. Ask the front desk for a fair hearing request form or submit a written request directly.
Deadlines for Requesting a Fair Hearing
- SNAP: Within 90 days of the action notice
- Medicaid: Within 90 days of the action notice (60 days to keep aid continuing)
- Cash Assistance / Public Assistance: Within 60 days of the action notice
- Other HRA programs: Typically within 60 days — check your notice
The deadline is printed on your denial or action notice. Do not wait — request immediately to preserve both your appeal right and your aid continuing right.
Preparing for Your Fair Hearing
After you request a hearing, OTDA will send you a notice with the date, time, and location (or phone-in instructions for telephone hearings). To prepare:
- Get your case record: You have the right to review your agency case file before the hearing. Request it in writing from HRA as soon as you schedule your hearing.
- Understand the agency’s reason: Your denial or action notice must state the reason the agency took the action. Research whether that reason is legally correct.
- Gather evidence: Collect documents that support your position — pay stubs, bank statements, medical records, lease, correspondence with the agency.
- Get a representative: You can bring a lawyer, legal aid representative, friend, or family member to speak on your behalf at the hearing. This is strongly recommended.
What Happens at the Hearing
Fair hearings are relatively informal. A hearing officer presides. The agency presents its case — usually the worker who made the decision explains the basis for it. You (or your representative) then present your evidence and argument. Both sides can ask questions. The hearing officer issues a written decision, typically within 30 to 90 days.
If the hearing officer rules in your favor, the agency must restore your benefits (including any amounts withheld during the hearing if you had aid continuing). If you lose, you can appeal the decision to a state court through an Article 78 proceeding — consult a legal aid attorney about this option.
Free Help for Fair Hearings
- Legal Aid Society: (212) 577-3300 — representation at fair hearings
- Legal Services NYC: (917) 661-4500 or lsnyc.org
- Community Health Advocates (for Medicaid): communityhealthadvocates.org
- Urban Justice Center: urbanjustice.org
- OTDA Fair Hearing line: 1-800-342-3334
Frequently Asked Questions
My SNAP benefits were cut and the effective date already passed. Can I still appeal?
Yes, you can still request a fair hearing within the applicable deadline (90 days for SNAP), but you will no longer have the “aid continuing” right since the effective date has passed. Request the hearing anyway — if you win, you can receive retroactive benefits for the period your benefits were improperly cut.
Do I need a lawyer for a fair hearing?
You can represent yourself, but having a legal advocate substantially improves outcomes. Legal Aid Society and Legal Services NYC provide free representation for income-qualifying individuals. Contact them as soon as you request your hearing.
How long does the fair hearing process take?
The hearing itself is usually scheduled within several weeks to a few months of your request. Written decisions typically follow within 30 to 90 days of the hearing. For ongoing benefits with aid continuing, the process may take several months while you continue receiving benefits.
The agency made a mistake in my case. Can I resolve it without a fair hearing?
Sometimes. You can contact your HRA caseworker or supervisor to request a conference or correction. However, request your fair hearing at the same time as a protective measure — you can always withdraw if the agency corrects the error. Once the deadline passes, you lose the appeal right regardless of whether the error is corrected.
