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NYS OTDA "CALL-IN" Phone Hearing Pilot -- Being Phased In by County in 2026

Article ID: 261
Last updated: 10 Aug, 2026
Views: 1033
Posted: 23 Jul, 2026
by Valerie Bogart (New York Legal Assistance Group)
Updated: 10 Aug, 2026
by Valerie Bogart (New York Legal Assistance Group)

Introduction - What is the Call-In Phone Hearing Pilot? 

The Office of Temporary and Disability Assistance’s (OTDA) Office of Administrative Hearings (OAH)  started a new pilot program for telephonic fair hearings in 2026. Under the new process, appellants residing in identified counties and their representatives must “call in” at a specific time to start their scheduled fair hearings. Failure to start the fair hearing by calling in at the appointed time may result in the fair hearing being designated abandoned. OAH expects to extend this pilot statewide by summer 2026.  

This is a big change.  Before 2020, the only "phone hearings" were held by people considered to be "homebound," a special procedure under the Varshavsky class action.  Everyone else had to attend a hearing in-person.  But -- since the start of COVID in 2020, most fair hearings for ALL appellants have been held by telephone.   See information here about telephone hearings generally since COVID 2020.   Until now, the Administrative Law Judge (ALJ)  in a phone hearing calls the consumer (Appellant) and their Representative at the scheduled time and holds the hearing by phone (Call-out hearing).

OTDA released a GIS directive announcing this pilot "Call-in" program on April 14, 2026 - 26-02 Demonstration Project to Increase Appellant Scheduling Control.  This directive has the updated roll-out schedule, with certain upstate counties launching first.  This roll out schedule can also be found below.

An earlier letter describing this pilot program can be found here. A draft of the new call in phone hearing insert (457-XL001D draft) which will be included with the scheduling notice can be found here. The original roll-out schedule by county, which has been delayed, can be found here - now replaced by the April 14, 2026 26-02 directive.  The roll-out and insert remain subject to change.

WHICH HEARINGS? All categories of hearings will be included in the call in the pilot except Emergency Assistance, Department of Homeless Services, and Expedited Medical Assistance hearings. These categories of hearings that are exceptions from the Call-inPilot  will be scheduled with OAH calling appellants and their authorized representatives or scheduled with one or more parties appearing in a specific physical location.

Instructions for the day of your Fair Hearing:

  • On the day of the hearing, call (518) 560-4126 between 10 minutes before and 30 minutes after your scheduled hearing time in Box H of the enclosed Notice of Fair Hearing, (Form OAH 457). You will not be able to join the hearing outside this 40-minute window.  
     
  • When prompted, use the phone’s number pad and enter the digits for your individual fair hearing number in Box A of the enclosed Notice of Fair Hearing (Form OAH 457).  Do not enter the letter at the end of your fair hearing number.
     
  • You will be placed on hold until the Administrative Law Judge is available.
     
  • You will be able to follow prompts and make yourself unavailable for up to five (5) minutes.
     
  • Your hearing request may be considered abandoned if you do not call as directed or are not present when the Administrative Law Judge starts your hearing.

 These instructions are included in the draft telephonic fair hearing insert available here and in  OTDA GIS 26-02 Demonstration Project to Increase Appellant Scheduling Control. 

 Revised Pilot Roll Out Schedule - As of August 20, 2026

This section was updated on July 20, 2026 based on information shared by OTDA.  This updates the schedule in the April 14, 2026 directive, 26-02 Demonstration Project to Increase Appellant Scheduling Control  and later information from June 2026.

IN THE FOLLOWING COUNTIES,  THE CALL-IN PILOT  IS IN EFFECT as of July 20, 2026  - with counties rolled in starting May 11th

  1. Allegany
  2. Broome 
  3. Cattaraugus
  4. Cayuga
  5. Chautauqua
  6. Chenango
  7. Clinton
  8. Dutchess
  9. Erie
  10. Essex
  11. Franklin
  12. Genessee
  13. Greene
  14. Herkimer
  15. Jefferson
  16. Lewis
  17. Livingston
  18. Madison
  1. Montgomery
  2. Nassau
  3. Niagara
  4. Oneida
  5. Onondoga
  6. Ontario
  7. Orange
  8. Oswego
  9. Rockland
  10. Schenectady
  11. Schoharie
  12. Schuyler
  13. Tioga
  14. Tompkins
  15. Washington
  16. Westchester
  17. Wyoming
  18. Yates

THE SCHEDULE FOR NEW COUNTIES TO JOIN THE CALL-IN PILOT STARTING August 10h is below -  the scheduling notices are sent about 2 weeks before the hearing 

  • August 10:  +  Fulton, Rensselaer, Saratoga, Warren, Albany
  • August 17  + Ulster, Chemung, St Lawerence, Seneca, Steuben
  • August 24  + Columbia, Cortland, Otsego, Orleans
  •  August 31 + Monroe and Suffolk
  • September 7  + NYC
  • September 14 + Sullivan, Wayne, Delaware, Putnam, Hamilton, SSP, FIDE/FIDA  

BEWARE:  THE NOTICE OF THE HEARING is VERY SUBTLE!  WHAT TO LOOK FOR to see if it's a CALL-IN or CALL-OUT notice 

THE CALL-IN NOTICE BELOW SHOWS the hearing is a Telephone Hearing and gives the Call-In Number. 

THE HEARING NOTICE BELOW is for a "CALL-OUT" PHONE HEARING, WHERE THE JUDGE WILL CALL THE APPELLANT.

Views: 1033
Posted: 23 Jul, 2026 by Valerie Bogart (New York Legal Assistance Group)
Updated: 10 Aug, 2026 by Valerie Bogart (New York Legal Assistance Group)
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