Meachem v. Wing

No. 99 Civ. 4630 (PKC) (S.D. N.Y. April 20, 2005) ; Clearinghouse Number: 52561

Description

Parties Settle Challenge to Fair Hearing System; New York Will Train Hearing Officers on Proof-of-Mailing Issues

Abstract

The parties settled this federal class action lawsuit in which plaintiffs claimed that New York’s fair hearing system violated federal statutes and regulations and the due process clause. Plaintiffs requested fair hearings to challenge reduction or termination of benefits for failure to respond to a mailed appointment notice or eligibility questionnaire; they alleged that when they claimed not to have received the mailing, hearing officers treated affidavits of mailing from agency officials as conclusive proof without determining the affidavits’ sufficiency or allowing plaintiffs the opportunity to rebut the presumption of mailing and receiving the affidavits. The settlement agreement certified a plaintiff class of persons who (1) received public assistance, food stamps, or Medicaid from New York City, (2) were subject to benefit reduction or termination due to failure to respond to a letter or other mailing, and (3) challenged the reduction or termination on the grounds of not receiving either the mailing to which defendants claimed that plaintiffs failed to respond or the notice of intent to reduce or discontinue benefits. Under the agreement, defendant state officials will train all New York City hearing officers through a module promoting “the goal of assuring the provision of due process of law at Fair Hearings of Class Members.” For three consecutive six-month periods, defendants will designate a tracking code to identify hearing decisions involving class members and “Meachem-type appellants” and give plaintiffs’ counsel a list identifying those fair hearings and a copy of the full hearing records of a random sample of 500 cases from the list. Defendants will give plaintiffs’ counsel the full hearing records of a random sample of 100 cases not designated with the code. Defendants will pay plaintiffs’ counsel $1,300,000 in attorney fees.

Additional Information

Attorney Information
Plaintiff represented by Marc Cohan, Welfare Law Center , 275 Seventh Ave, Suite 1205, New York, NY 10001 (212.633.6967); Richard E. Blum, Of Counsel, The Legal Aid Society , 199 Water St., 3d Floor, New York, NY 10038 (212.577.3648); Ian F. Feldman, Steven Godeski, Esperanza Colon, The Legal Aid Society , Bronx Neighborhood Office, 953 Southern Blvd., Bronx, NY 10459 (718.991.4600); Yisroel Schulman, Constance Carden, New York Legal Assistance Group , 450 W. 33d St., 11th Floor, New York, NY 10001 (212.613.5030); Wendy Bach, Urban Justice Center, 666 Broadway, New York, NY 10012 (646.602.5640).
Docket Date
2005-04-20 00:00:00+00:00
Attorney Email
rblum@legal-aid.org