The Legal Aid Society filed this class action lawsuit on behalf of public benefits recipients to challenge New York’s procedures for terminating or reducing Food Stamps, Medicaid, and/or cash assistance benefits through legally deficient fair hearings, in violation of federal law and the Due Process Clause. Public benefits recipients frequently did not receive notices in the mail of a New York City welfare agency’s intent to terminate or reduce their benefits, as required by law. Rather than require proof that a notice was mailed to a claimant, benefit hearing officers generally deemed signed affidavits from welfare agency employees as creating a presumption of mailing.

In 2004, we reached a settlement agreement with the government, wherein the New York State Office of Temporary and Disability Assistance agreed to provide training for all Office of Administrative Hearing Officers, to implement a notice tracking system for hearings where the receipt of a notice was challenged, and to allow class members new hearings.