PROPOSED SETTLEMENT IN TONEY-DICK, ET AL. V. DOAR, ET AL., 12-CV-9162 (S.D.N.Y.) Individuals With Disabilities Who Need Reasonable Accommodations to Apply For Disaster Food Stamps Are Affected, Including Those Who Did Not Apply During Superstorm Sandy in 2012. Fairness Hearing Scheduled for June 25, 2015.

Federal District Court Judge Katherine B. Forrest has preliminarily approved a proposed settlement agreement in Toney-Dick, et al. v. Doar, et al., a class action suit against the New York City Human Resources Administration (HRA) and the New York State Office of Temporary and Disability Assistance (OTDA) concerning disability access to disaster SNAP (D-SNAP) benefits. The Legal Aid Society brought this case, with the help of Gibson, Dunn and Crutcher, LLP, in the wake of Superstorm Sandy. Many people with disabilities faced obstacles in applying for these disaster benefits, in part because they had to travel from devastated areas such as the Rockaways to downtown Brooklyn just to apply. Judge Forrest will hold a fairness hearing on June 25, 2015 at the federal courthouse at 500 Pearl St.

The case contains two interrelated subclasses:

“Subclass 1” includes individuals with disabilities who were eligible to apply for D-SNAP benefits during Superstorm Sandy in 2012 but did not do so because of a disability, such as one that made it difficult to get to an application site, or to understand the program rules. will get a “second chance” to apply. If the settlement is approved by the Court, the “second chance” program will likely be offered in the early fall.

In 2012, the average D-SNAP benefits paid to the households that were approved was more than $400.

“Subclass 2” includes individuals with disabilities in any area of the City, who may want to apply for D-SNAP benefits in future D-SNAP programs. Under the proposed settlement the City and State Defendants have agreed to make the D-SNAP program more accessible in any future disaster program, through home visits and other forms of assistance.

View the proposed settlement

If you have any questions in the meantime, feel free to contact class counsel.

At the Legal Aid Society: