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If the welfare office (DSS) determines you may have a problem with drug or alcohol abuse, they can refer you for a complete chemical dependency assessment.  Some counties have a unit that provides the assessment, and others may refer you to an area treatment provider.  If you refuse to have the assessment, your application for benefits will be denied; if you are already receiving benefits, you benefits can be discontinued, and you can be sanctioned for a fixed period of time.

If you go to the assessment, and it is determined that you need treatment for chemical dependency, and the welfare office determines that your chemical dependency problem is "a primary reason" that you need welfare, you must participate in an approved treatment program, if you want to receive benefits. 

Even if you don't agree that you have a chemical dependency problem, the welfare office can still require you to at least have an evaluation.  If the evaluation says you need treatment, you will have to agree to treatment and be "active and participating" in the approved treatment program if you want to get benefits. 

You must continue in the treatment program until it is completed, or until you get written confirmation from the treatment provider that you no longer need treatment.

If you leave the program before your complete it, or if the program discharges you because you didn't comply with program rules, welfare can cut off your benefits and sanction you for a minimum of 45 days, after which you would have to reapply and get back into the approved program if you still want to receive benefits. This is true even if it was your decision to attend a treatment program.

You also should be aware that your benefits could be discontinued if you leave the approved program to attend a different program, unless you were specifically referred to a different program by the treatment provider.

The welfare office can also try to force you to enter an in-patient treatment program.  If the outpatient program you have been attending decides that you need a more intensive level of care, they may refer you to in-patient services.  Unless you have very good reasons for not entering an in-patient program, the welfare office will probably discontinue your benefits.  Once you have been assessed as needing an in-patient program, you can only get your benefits restored by attending an in-patient program.

If you have already been sanctioned, your benefits may still be cut off, even if you enter a program now.  Sanctions for failing to be active and participating in chemical dependency treatment.

If you have satisfactorily completed a rehabilitation program, it is important that you get a written statement from that program, verifying that you no longer need substance abuse services. If you completed a program in the past, but your caseworker has reason to believe you are currently having a problem with the substance abuse, she can requirement you to be evaluated again.

If you should receive a notice to discontinue your benefits, sanction you, or deny your application for assistance because of a problem substance abuse treatment, you can request a fair hearing to challenge the welfare office's decision.  See the section of this website on "Fair Hearings."

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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.

rev. 11/30/05 J.Hogue