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How can I get kingap guardianship benefits for my nieces and nephews

Q: My nieces and nephews were put in foster care July 2015. They were directly placed with me since August 2015. I didn’t get the kinship foster care payments because I had a case in 2012 that was dismissed so the case worker told me to file for guardianship and once it’s granted I would get the kingap guardianship benefits. I was awarded guardianship on December 2,2016. Now I’m told that I can’t get the kingap guardianship benefits because of my 2012 dismissed acs case and because although the kids lived with me for 16 months they weren’t in foster care. Throughout the past year the case worker, judge Millsap, and the acs attorney told me that once I had the guardianship papers I could apply for the kingap guardianship benefits. I went on the nys kingap website and it states that there are cases where a person has been indicated and they still are eligible to receive the benefits. My case was dismissed. I am a new York city Housing exterminator but it’s impossible to provide a good quality of life for myself 5 nieces and nephews. It’s difficult to provide for them with $506 cash assistance and $289 in food stamps monthly. I also have my 2 children to provide for.

A: David’s Answer: You would need to file for a fair hearing/independent review of the denial of your benefits. Please be aware that generally you only have 30 days from the date of the denial letter to apply for the review. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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