N.Y. Social Services Law § 35: Legal representation of individuals whose federal disability benefits have been denied or may be discontinued

§ 35. Legal representation of individuals whose federal disability

benefits have been denied or may be discontinued. 1. The commissioner

shall establish criteria for selection of grant applications, review

applications awarded pursuant to the provisions of this section, and

exercise and perform such other functions as are related to the purposes

of this section.

2. The commissioner shall make grants, within the amounts appropriated

for that purpose, to not-for-profit legal services corporations and

not-for-profit agencies serving the disabled and local social services

districts, to provide for representation of persons whose federal

disability benefits including supplemental security income and social

security disability insurance have been denied or may be discontinued

for the purpose of representing these persons in appropriate

proceedings. When the commissioner has contracted with a local social

services district to provide such representation, the legislative body

of such district may authorize and make provision for the commissioner

of social services of the district to obtain necessary legal services on

a fee for services basis or other appropriate basis which the department

may approve. Such legal services may be provided by not-for-profit legal

services corporations, not-for-profit agencies serving the disabled or

private attorneys.

3. The commissioner shall submit a report to the chairman of the

senate finance committee and the chairman of the assembly ways and means

committee on or before the first day of October, nineteen hundred

ninety-eight and biannually thereafter. Such a report shall include but

not be limited to a review of the basis for selection of participating

entities; the administrative method used to carry out the program; the

number of cases appealed by district; the disposition of such appeals;

an identification of the savings and costs of the program to the state

and localities by district; an evaluation of the continuing need for

legal representation provided by the program and recommendations for

possible federal and state legislative and regulatory actions relating

thereto.

4. Responsibility for local financial participation shall be

determined by the commissioner based on either costs of and the number

of district residents served by each local entity or the alternative

cost allocation procedure deemed appropriate by the commissioner.