You can choose whether to attend the interview or not. But see below for the possible consequences of either choice.

You also have the right to request a different meeting date so that you can get legal advice or representation. You can do this by calling before your scheduled meeting or by making a verbal request in person at the time of your meeting with the investigator.

The letter might tell you to call before a certain date to schedule a telephone interview. You can call the investigator before that date to tell them you need more time to seek legal advice.

It depends. If the investigation is only about the Supplemental Nutrition Assistance Program (SNAP) benefits you received, the NYC HRA is not supposed to take any negative action on your SNAP case if you do not attend the meeting. But if they do close your SNAP case, you can request an administrative fair hearing here.

If the investigation is about Cash Assistance benefits, HRA may close your case if you do not go to the meeting. You can also request an administrative fair hearing here to challenge this issue as well.

Important: If you go, you have the right to choose not to answer any questions or to sign anything during the meeting.

You should consider whether this will help your case. Your side of the story may sound different or inconsistent to investigators. They may ask you questions you don’t know the answer to or lead you to admit facts that can be used against you later. Investigators might also misunderstand or misinterpret what you say.

These documents can be used as evidence at an Intentional Program Violation (IPV) Administrative Disqualification Hearing (ADH) held by the Office of Temporary & Disability Assistance. At an Administrative Disqualification Hearing, a judge decides whether you should be prevented from receiving benefits for a period of time.

Though the ADH is not a criminal trial, the documents can also be used in a criminal matter if HRA refers your case to the District Attorney’s office for criminal prosecution.

In some cases, documents you provide might help the agency resolve any outstanding issues with your case.

• If you go to the meeting, remember that everything you say or do, regardless of how it is intended, may affect your case. You have the right to:
  • NOT answer any questions
  • NOT sign any paperwork other than a paper showing you attended the meeting
  • NOT agree with any choices or decisions presented to you, no matter how much pressure you may feel
• Depending on the type of allegations HRA is making, HRA may refer your case for criminal prosecution. For this and other reasons, it may be better to remain silent and speak with a legal advocate before your meeting. If you choose to answer questions at your appointment, you must tell the truth.
  • Cash Assistance cases only: Anything you say at the meeting with the investigator can be used as evidence against you at a fair hearing or in a criminal case. Consider this when deciding whether answering HRA’s questions will help your case. If you think it will not, but you do not think you can remain silent at the meeting, you can choose not to go to the appointment. However, be aware that if you do not go, HRA may close your cash assistance case.
  • SNAP cases only: Unlike cash assistance cases, HRA is not allowed to close your SNAP case for failure to meet with a fraud investigator. But anything you say at the meeting with the investigator can be used as evidence against you at a fair hearing or in a criminal case. If your BFI appointment is ONLY about your SNAP benefits, and you do not think that answering HRA’s questions will help your case, you can choose NOT to go to the appointment. HRA will schedule an Administrative Disqualification Hearing (also called an Intentional Program Violation hearing) as the next step.
• You have the right to ask questions about your case to find out what HRA is claiming you did wrong. You may ask questions even if you have decided that you are not going to answer any questions they ask you at the meeting.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.