§ 35 — Legal representation of individuals whose federal disability benefits have been denied or may be discontinued

§ 35. Legal representation of individuals whose federal disability\nbenefits have been denied or may be discontinued. 1. The commissioner\nshall establish criteria for selection of grant applications, review\napplications awarded pursuant to the provisions of this section, and\nexercise and perform such other functions as are related to the purposes\nof this section.\n 2. The commissioner shall make grants, within the amounts appropriated\nfor that purpose, to not-for-profit legal services corporations and\nnot-for-profit agencies serving the disabled and local social services\ndistricts, to provide for representation of persons whose federal\ndisability benefits including supplemental security income and social\nsecurity disability insurance have been denied or may be discontinued\nfor the purpose of representing these persons in appropriate\nproceedings. When the commissioner has contracted with a local social\nservices district to provide such representation, the legislative body\nof such district may authorize and make provision for the commissioner\nof social services of the district to obtain necessary legal services on\na fee for services basis or other appropriate basis which the department\nmay approve. Such legal services may be provided by not-for-profit legal\nservices corporations, not-for-profit agencies serving the disabled or\nprivate attorneys.\n 3. The commissioner shall submit a report to the chairman of the\nsenate finance committee and the chairman of the assembly ways and means\ncommittee on or before the first day of October, nineteen hundred\nninety-eight and biannually thereafter. Such a report shall include but\nnot be limited to a review of the basis for selection of participating\nentities; the administrative method used to carry out the program; the\nnumber of cases appealed by district; the disposition of such appeals;\nan identification of the savings and costs of the program to the state\nand localities by district; an evaluation of the continuing need for\nlegal representation provided by the program and recommendations for\npossible federal and state legislative and regulatory actions relating\nthereto.\n 4. Responsibility for local financial participation shall be\ndetermined by the commissioner based on either costs of and the number\nof district residents served by each local entity or the alternative\ncost allocation procedure deemed appropriate by the commissioner.\n