Job Description

The Department of Social Services (DSS) is comprised of the administrative units of the New York City Human Resources Administration (HRA) and the Department of Homeless Services (DHS). HRA is dedicated to fighting poverty and income inequality by providing New Yorkers in need with essential benefits such as Food Assistance and Emergency Rental Assistance. DHS is committed to preventing and addressing homelessness in New York City by employing a variety of innovative strategies to help families and individuals successfully exit shelter and return to self-sufficiency as quickly as possible.

DSS/HRA Fair Hearing Administration is responsible for providing representation of the Agency at NYS Administrative Hearings in the following program areas: Cash Assistance (CA), Supplemental Nutrition Assistance Program (SNAP), IREA, HASA and MISCA – Medical Assistance (MA).

Under the general direction of the Special Counsel, Fair Hearing Representation an Agency Attorney Ill/Senior Attorney or an Agency Attorney IV/Supervising Attorney, the Attorney Interne performs basic legal work and legal research and assists the review of relevant case laws and regulations to support legal opinion in advance of court appearance.

Fair Hearing Administration is recruiting for one (1) Agency Attorney to function as an Agency Attorney Interne who will:

- Represent the Agency before Office of Temporary and Disability Assistance administrative law judges: motions before the courts, hearings, petitions, etc., to pursue or avert further litigation. In addition, the Agency Attorney interns for Fair Hearings acts as liaison with the DHS Medicaid Assistance Program (MAP) and the Medical Insurance and Community Services Administration which oversees fair hearings relating to MAP determinations; and to serve as liaison with the New York City Law Department on lawsuits involving Medicaid enrollment and eligibility determinations.

- Assist with drafting legal documents: pleadings, motions, objections, rebuttals, affidavits and/or statements, to obtain fair hearing agreements, stipulations or judgments. Assist with research for the preparation of briefs, legal opinions, memoranda, and subpoenas. Assist program with ensuring compliance with Decisions After Fair Hearings when ALJs determine corrective action is necessary. In addition to the above, the Agency Attorney Interne in Fair Hearings will work with outside advocates to resolve disputes pertaining to Medicaid eligibility determinations, level of care determinations, cost sharing determinations, coverage decisions, and other matters relating to the administration of the Medicaid program as it impacts clients served by the Advocates. The Agency Attorney interne also assists MICSA and MAP staff in reviewing legal documents submitted by clients and advocates for adequacy, including reviewing trust instruments and other long term planning instruments. The Agency Attorney will also assist in preparing evidence packets for hearings and responding to requests from advocates for evidence or evidence packets.

- Provide legal assistance to DSS/HRA/DHS program areas by researching applicable statutes, case law or other material to resolve legal questions or problems, interpreting the intent and legal ramifications of laws, rules and regulations related to the delivery of services. Assists in advising on legal aspects of enforcement and administration of acts, rules, laws and regulations. In addition to the above, Attorney interne in Fair Hearings will assist in determining which legal questions require further legal analysis, review and referral to the proper authority. The Agency Attorney interne assists in reviewing HIPAA submissions from outside requestors to determine availability of responsive materials; and reviews in conjunction with more senior attorney staff whether documents may be released pursuant to statute.

- May assist in determining the advisability of presenting witnesses and based on their information, determines the admissibility of type of evidence and matters of legal strategy to present the case. In addition, the Agency Attorney interne in Fair Hearings will assist in preparing cases for trial and argues them at internal hearings and before administrative bodies; participates in interviews of witnesses; and collects and analyzes evidence of agency’s adherence to policy under Article 78 of the Civil Practice Law and Rules.

AGENCY ATTORNEY INTERNE - 30086

Qualifications

Graduation from an accredited United States law school as defined in the Rules of the New York Court of Appeals (Sections 520.3 or 520.5) or admission to the New York State Bar.

Additional Information

The City of New York is an inclusive equal opportunity employer committed to recruiting and retaining a diverse workforce and providing a work environment that is free from discrimination and harassment based upon any legally protected status or protected characteristic, including but not limited to an individual's sex, race, color, ethnicity, national origin, age, religion, disability, sexual orientation, veteran status, gender identity, or pregnancy.