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 Supplemental Nutrition Assistance, Cash Assistance, Emergency Assistance, Medicaid, Child Support, Fair Fares, as well as eviction prevention and rehousing 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 also includes administrative and supportive divisions such as the Office of Legal Affairs which includes the Fair Hearing Administration, among other litigation and counseling units.
DSS’ Fair Hearing Administration is responsible for providing representation of the Agency at NYS Administrative Hearings in the following program areas for HRA: Cash Assistance (CA), Supplemental Nutrition Assistance Program (SNAP), Investigative Revenue and Enforcement Administration (IREA), HIV Aids Services Administration (HASA), Adult Protective Services, Homecare, and the Medical Assistance Program (MAP). The Fair Hearing Administration also represents the Agency in administrative hearings involving the Department of Homeless Services as well as HRA administered shelters for DV survivors.
The Intentional Program Violation and District Attorney Referral Unit provides litigation services and legal counsel to the Commissioner, Chief Accountability Officer/Bureau of Fraud Investigation and Accountability, and executive management, as well as counsel to program on matters relating to fraud, in accordance with Federal, State and City laws and regulations.
Under the general direction of the Assistant General Counsel, with latitude for independent judgment and initiative, the Senior Attorney position will prosecute or defend civil legal actions in court or before administrative bodies or prepare and review legal documents on behalf of the Commissioner. This supervisory position is distinct from the other Agency Attorney positions since this position involves appearing in front of the appropriate administrative or judiciary body to litigate the interest of the agency pertaining to intentional program violations of any value or complexity, including those based on fraud, conspiracy, or collusion to obtain public assistance, SNAP, health coverage, or services to which the applicant or recertifying participant and/or their household members are not eligible for.
The Office of the General Counsel / Fair Hearing Administration is requesting to recruit for one (1) Agency Attorney III to function as a Senior Attorney who will:
- Provide legal representation of the Commissioner of the Department of Social Services in administrative hearings and state courts on Intentional Program Violation litigation matters including but not limited to Administrative Disqualification Hearings and Article 78 actions by appearing in front of the appropriate administrative or judiciary body to litigate the interests of the agency in regards to intentional program violations of any value or complexity, including those based on fraud, conspiracy, or collusion.
- Supervise legal staff by developing appropriate litigation strategies or by taking charge of the advocacy of particularly complex legal issues, managing time and leave and providing feedback on case management.
- Draft and edit legal papers and gather evidence. Conduct legal research; conduct investigations and interview witnesses; prepare written motions, objections and rebuttals and other legal memoranda. Prepare and/or review the evidence packet for sufficiency in establishing clear and convincing evidence of intentional program violation(s).
- Lead the preparation and presentation of cases to an outside prosecutorial agency where the anticipated top charge is a class A felony or lower
- Collect and review evidence submitted by the client or their counsel, conduct same day conferences to settle the IPV as appropriate.
- With the guidance of unit management, provide legal counsel to program area(s) and negotiate settlements and stipulations in fraud matters.
- Develop appropriate litigation strategy by determining the advisability of presenting witnesses, the admissibility of types of evidence, and preparing witnesses for testimony and cross examination, and other matters of legal strategy.
- Ensure service of the evidentiary packet and notice of hearing is completed appropriately and within expected time standards. Ensure adequate proof of service is presented or available.
- Maintain case files and update notes into the Office of General Counsel/Fair Hearing case management system records on case status.
- Ensure timely compliance with Administrative Disqualification Hearing decisions, including but not limited to: referring the disqualified individual to the appropriate unit within the agency for collection, recoupment, and/or sanction of benefits if there is a finding of clear and convincing evidence of an IPV, or ensuring removal of negative case actions and/or recoupments upon a finding of good cause, failure to establish clear or convincing evidence of an IPV, or a successful appeal by the client/household.
AGENCY ATTORNEY - 30087
1. Admission to the New York State Bar; and either "2" or "3" below.
2. One year of satisfactory United States legal experience subsequent to admission to any state bar; or
3. Six months of satisfactory service as an Agency Attorney Interne (30086).
Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.
In addition to meeting the minimum Qualification Requirements:
To be assigned to Assignment Level (AL) II, candidates must have one year of experience at Assignment Level I or two years of comparable legal experience subsequent to admission to the bar, in the areas of law related to the assignment. To be assigned to AL III candidates must have two years of experience in Assignment Levels I and/or II or three years of comparable legal experience subsequent to admission to the bar, in the areas of law related to the assignment.
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