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ASSISTANT WELFARE ATTORNEY
DISTINGUISHING FEATURES OF THE CLASS
The work involves responsibility for assisting the Welfare Attorney in providing legal advice and assistance relative to all operational phases of the Department of Social Services. An employee in this class drafts legal instruments, preparing opinions, writes motions and briefs, and prepares cases to protect the legal rights and interests of the Department of Social Services. Other examples of work include reviewing and interpreting trusts, wills, and other estate planning documents as well as other legal documents. The Assistant Welfare Attorney reports to the Welfare Attorney and in turn may supervise other employees. Does related work as required.
TYPICAL WORK ACTIVITIES
Extensive involvement in reviewing Supplemental Needs Trusts, reviewing Supplemental Needs Trustsí accountings, advising Supplemental Needs Trustsí Trustees, and attending court proceedings for Supplemental Needs Trusts issues.
Provides legal counsel to Department of Social Services staff and administration relative to Medicaid, Temporary Assistance, Adult Services, personal injury recovery, estate recoveries, real property liens, welfare fraud, and related topics.
Provides legal representation in Family Court, Surrogates Court, Federal Court and Supreme Court on issues related to support, trusts, guardianships, Medicaid, Supplemental Needs Trusts, welfare fraud and related areas.
Provides support for the Childrenís Division for Administrative Hearings regarding expungements of indicated child abuse reports.
Responsible for managing and supervising the Social Servicesí Resource Unit including, but not limited to, the Social Security Transition Team and Administrative Disability Reviews.
Attends, manages and provides support for Fair Hearings related to public benefits.
Prepares legal documents for the Department of Social Services.
Reviews and resolves issues, and provides training regarding the Americans with Disabilities Act as it relates to benefits provided by the Department of Social Services.
Assists attorneys with providing discharges for Social Services liens and mortgages on property.
Appears in foreclosure cases relating to property in which the Department of Social Services holds a legal interest.
Appears and makes determinations in bankruptcy cases relating to debts owed to the Department of Social Services.
Appears in fair hearings, other administrative venues and courts for actions concerning adult services issues, Medicaid, Temporary Assistance, Consumer Directed Health Care Program and related areas.
FULL PERFORMANCE KNOWLEDGES, SKILLS, ABILITIES AND PERSONAL CHARACTERISTICS
Thorough knowledge of the legal profession as it applies to writing briefs, legal research techniques, preparing cases for trial, etc.
Skill in the presentation of cases before the courts.
Ability to make sound judgments.
Ability to learn and interpret Social Services Law and related areas of law as it applies to actual cases of contention and potential legal issues.
Ability to supervise subordinates in a manner conducive to full performance and high morale.
Ability to work with and advise departmental employees relative to legal questions.
Possession of a license to practice law in the State of New York at time of appointment.
09/2011 Date Revised