Lawyers Manual - Unified Court System

Public Assistance and Housing 259
support collection and enforcement, including providing locating information
about the father of their children and appearing in court. Failure to comply with
program requirements will result in a reduction or discontinuance of benefits, as
well as possible sanctions. Applicants whose FA or SNA cases are closed may
remain eligible for “transitional benefits,” including child care, 20 Medicaid, 21
and Food Stamps. 22
Although failure to comply with eligibility or programmatic requirements
can result in a sanction, reduction or discontinuance of benefits, all of the
programmatic requirements can be waived for survivors of domestic violence
under the Family Violence Option, discussed below.
Advocacy efforts with public assistance problems must be frequent,
consistent and well-documented. An advocate trying to resolve a client’s
problem should start by telephoning the caseworker and noting the dates, times,
and substance of the conversation. If the caseworker lacks the authority to
resolve the issue, the caseworker’s supervisor (or, in New York City, the director
of the welfare center) should be contacted. If these supervisors cannot or will
not resolve the issue, advocates should call the regional directors or managers.
Even reaching a caseworker or supervisor can be challenging, necessitating
multiple or even daily phone calls. All conversations should always be
confirmed in writing and faxed to the relevant staff person. Welfare offices are
generally large and uncoordinated, so documents are lost or misplaced with
great frequency. Faxes are generally the preferred way to send the letters, as
advocates can utilize fax confirmation records as proof that the letter was sent
and received. Clients should also be directed to similarly track their own
advocacy efforts with caseworkers. All welfare caseworkers should issue
standardized receipts for documentation provided by clients. 23 Often the more
informal advocacy routes fail, so the client should simultaneously request a fair
hearing, which can be withdrawn later if the informal route succeeds.
The Family Violence Option (FVO)
When welfare requirements became stricter, anti-domestic violence
advocates fought for exceptions for survivors who might be ineligible for
benefits because of their abusers’ actions. To address these concerns, Congress
created the federal Family Violence Option (FVO), which allows states to adopt
certain welfare-related protections for survivors. In 1997, New York adopted the
FVO and the state law now requires that all adult applicants for, and recipients
of, TA receive information about domestic violence and the protections and
local services available to survivors. 24 They must also be universally screened to