In re John E.K.

No. 2828606H (N.Y. Dep’t of Labor July 27, 1998). ; Clearinghouse Number: 52271

Description

Welfare Recipient May Not Be Forced to Work Until Proper Employability Determination and Notice Are Provided

Abstract

The administrative law judge determined that appellant recipient of Temporary Assistance for Needy Families and food stamps was exempt from work activities until an employability determination and notice were provided by defendant social services agency. The New York Human Resources Administration sent recipient an Employable Joint Initial Appointment, which advised him that "as an employable recipient of assistance" he was required to report to an employment services office. Appellant requested a hearing on the agency’s decision that he was employable; he argued that he should not be considered employable without an agency determination, and if such determination had been made, he never received notice. Appellant argued that state social service regulations, 18 NYCRR 358-3.3(a)(2)(vii), required that the work rules did not apply until he was determined employable and received notice of the agency’s employment determination. The administrative law judge agreed and ruled that appellant was entitled to benefits while the fair hearing pended and that appellant was exempt from the work requirements until an employability determination was made and notice given.

Additional Information

Attorney Information
Appellant represented by Gene Doyle, People Organized for our Rights, 102-12 164th Ave., Hamilton Beach, NY 11414; 718.843.2290.
Docket Date
1998-07-27 00:00:00+00:00