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**FOR IMMEDIATE RELEASE**       

October 29, 2009

Contact: Matt Mittenthal

212-669-4691; 917-597-4485

New Report Finds Judges Rarely Back City in Actions Against New Yorkers Seeking Public Benefits

Just 3.6% of actions affirmed in cash assistance cases, 7.3% in medical assistance cases in 2009

Cost to City exceeds $58 million since 2000

Read the Report

MANHATTANAn analysis of data acquired by the Office of the Public Advocate suggests that the New York City Human Resources Administration (HRA) is frequently in error when it takes actions such as denying applications for public benefits or sanctioning low-income clients, according to a report released today by Public Advocate Betsy Gotbaum. The report charges that HRA may be too aggressive in taking such actions, at a great cost to the city.

In New York State, welfare recipients have the right to challenge the termination or denial of public benefits in a court proceeding, or ‘fair hearing’—the cost of which is shared by the state and local district. Since 2000, HRA has been charged $58.6 million for these hearings, yet its actions have rarely been affirmed by judges.

Public Advocate Betsy Gotbaum said, “If HRA would address the many barriers between eligible low-income New Yorkers and the public benefits to which they’re entitled, a significant number of these hearings could be avoided. Instead, at a time when demand for such services is growing, it appears that HRA is devoting precious resources to unnecessary hearings rather than to its primary function: delivering public benefits to New Yorkers in need.

“My office published two previous reports that identified barriers to public benefits and recommended ways for HRA to address them. This report indicates that those barriers may compel clients to request fair hearings, which cost the city millions each year. Moreover, that HRA forces so many needy New Yorkers to take them to court – at a great cost to the city and the individuals – rather than resolve disputes much earlier in the process, says something about where its priorities lie.”

The report, “Hearing Problem: An Analysis of Human Resources Administration Fair Hearing Outcomes in New York City,” is based on an analysis of fair hearing outcomes for cash assistance and medical assistance programs (i.e. public health insurance) using data provided by HRA for fiscal years 2000 to 2009. Report findings include:

  • While the number of cash assistance recipients in New York City has declined significantly since fiscal year (FY) 2000, requests for cash assistance fair hearings have increased 44.9 percent from FY 2000 to Fiscal Year to Date (FYTD) 2009.

  • HRA actions regarding cash assistance cases are rarely affirmed in the fair hearing process. In FYTD 2009, only 3.7 percent of HRA actions addressed at a cash assistance fair hearing were affirmed.

  • HRA’s low affirmation rate is particularly striking in light of the dramatic 73.6 percent increase in agency withdrawals since FY 2000.[1]

  • HRA’s affirmation rate for medical assistance fair hearings dropped 43.4 percent from FY 2000 to FY 2009.

  • HRA has been charged a total of $58.6 million for its fair hearing activity from state fiscal year 2000 to state fiscal year 2008.

In order to eliminate the problems that lead to unnecessary fair hearings, HRA must first address barriers to public benefits that may compel clients to request them. The Office of the Public Advocate provided recommendations for addressing these barriers in its reports Barriers to Benefits: A Survey of Clients at New York City Human Resources Administration Job Centers; and Paper(less) Jam: A Survey of New York City Human Resources Administration Eligibility Specialists.

The reports included the following recommendations for HRA:

  • Evaluate and revise the current intake and appointment process to reduce wait times.
  • Provide clients with proof of program compliance to avoid erroneous sanctioning of benefits due to computer or record-keeping mistakes.
  • Hire and/or reassign eligibility specialists to high-traffic centers and offices.
  • Improve and regularly assess maintenance of all technology and equipment necessary for processing public benefit applications.
  • Simplify materials (e.g. pamphlets, frequently asked questions) on public benefits application procedures and requirements. 
  • Ensure that interpreters and bilingual staff are available at all HRA centers and offices.
  • Instruct staff to inform clients they have the right to bring a third party to assist them with their public benefits case.

In addition, HRA must review its process for resolving disputes prior to a fair hearing, develop procedures to eliminate administrative errors that lead to sanctions, examine the reasons clients withdraw and default from the fair hearing process, and provide information on its fair hearing outcomes and its fair hearing chargeback on its website.

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