X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.