| What You Should Know About Emergency Assistance and DSS/HRA |
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| Welfare | |
| Written by Phil Dailey | |
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If you have an emergency, such as: -Little or no food -No place to stay -Threat of eviction, pending eviction, foreclosure -No fuel for heat, and it’s cold -Utilities being shut off -Utilities already shut off -Do not have things you need for your health and safety
You may be able to get Emergency Assistance from your local Department of Social Services (DSS) office. If you live in New York City, you can ask for Emergency Assistance from your local Human Resources Administration (HRA) office. To find a DSS/HRA near you using the internet, go to: www.otda.state.ny.us/main/workingfamilies/dss.asp
The rules for getting Emergency Assistance are different than the rules for getting public assistance/welfare. You may make too much money to get public assistance/welfare, but you still may be able to get Emergency Assistance help from DSS/HRA. Currently receiving public assistance/welfare? If so, DSS/HRA should not ask you to fill out a new application for Emergency Assistance. If they do, try asking to speak to your caseworker. If your worker is not in, ask to speak to someone in charge, like a boss. NOT currently receiving public assistance/welfare? To get Emergency Assistance from DSS/HRA you must fill out and turn in an application. The application for Emergency Assistance is the same one used when applying for public assistance/welfare, food stamps, HEAP and other DSS/HRA stuff. On the right side of the front page of the application it will ask you “Do any of these [emergencies] apply to you?” Mark all of the ones that apply to you, fill out the rest of the application the best that you can, and turn it into DSS/HRA.
When you are seen by a worker for your emergency, DSS/HRA MUST give you a piece of paper (notice) telling you how they are going to help you. If DSS/HRA is not going to help with your emergency, they must give you a piece of paper telling you why. If you do not get a piece of paper, ask for one. If the DSS/HRA worker still does not give you one, stay calm and ask to speak a boss. If DSS/HRA denies your application or does not talk to you about your emergency right away, then you can ask for a “Fair Hearing.” A Fair Hearing is a chance for you to tell an Administrative Law Judge (ALJ) from the Office of Temporary and Disability Assistance (OTDA) (State DSS/HRA) why the local DSS/HRA is wrong. If the State DSS/HRA agrees with you that the local DSS/HRA is wrong, they will tell (order) them to fix the problem. If you have an emergency you can ask for an expedited (as soon as possible) Fair Hearing. Every notice from DSS/HRA should tell you about Fair Hearings and how to ask for one.
Legal Help: If you have an emergency and DSS/HRA will not help, you can contact your local legal aid office for possible help with DSS/HRA. Every DSS/HRA notice should tell you how to contact your local legal aid office. To find a legal aid office near you using the internet go to:
* * * * * (c) Legal Assistance of Western New York, Inc. This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer. Receiving this information does not make you a client of our office.
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