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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46282 Justice Dye PETITIONER, WHO had sought a medical impairment exemption from work activities permitted by Social Services Law �332(1)(a) and 12 New York Codes, Rules and Regulations �1300.2(b)(4), challenged the denial of public assistance benefits, from April 16 to June 8, 2003, for failing to appear at a psychiatric examination. Petitioner’s benefits were restored following his appearance at a medical examination. Upon review of SSL �332-b(1) and 12 NYCRR �1300.2(d) the court determined that because no evidence indicated that the New York City Human Resources Administration (HRA) ruled out petitioner’s medical disability claim when it restored his public assistance benefits, those benefits should have continued without interruption. Finding that petitioner qualified for benefits based solely on medical impairment and did not seek a work exemption based on any psychiatric condition, the court held that the HRA arbitrarily denied petitioner benefits for his failure to appear at a psychiatric evaluation.

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