SENIOR ATTORNEY

About the Agency

The Department of Social Services (DSS) is comprised of the administrative units of the New York City Human Resources Administration (HRA) and the Department of Homeless Services (DHS). HRA is dedicated to fighting poverty and income inequality by providing New Yorkers in need with essential benefits such as Food Assistance and Emergency Rental Assistance. DHS is committed to preventing and addressing homelessness in New York City by employing a variety of innovative strategies to help families and individuals successfully exit shelter and return to self-sufficiency as quickly as possible.

The Support and Lien Recovery Litigation Unit (SLRLU) provides litigation services and legal counsel to the Commissioner, Office of Child Support Services (OCSS), the Medical Assistance Program (MAP, also known as Medicaid), the Home Care Services Program (HCSP), and the Investigation, Revenue and Enforcement Administration (IREA), in accord with Federal, State and City laws and regulations.

About the Role

Under the general direction of the Associate General Counsel or a supervising attorney, with wide latitude for independent judgment and decision, the Agency Attorney III will serve as a Senior Attorney for the Office of Legal Affairs. The Senior Attorney litigates and may supervise attorneys who prosecute or defend civil legal actions in court or prepare and review legal documents on behalf of the Commissioner. The Senior Attorney will be dual assigned to the Estates Team and Medicaid Review Team. Attorneys litigate estate matters in Surrogate's Court and Supreme Court in all five boroughs to recover Medicaid monies due and owing the Department. These recoveries are critical in maintaining the fiscal integrity of the Medicaid program. Attorneys also advise MAP and HCSP on Medicaid financial eligibility by reviewing applicants' trusts and other financial and legal documents to determine if they comply with regulations and whether the assets they hold must be disregarded or counted as a resource. In each case, attorneys write legal recommendations to the relevant client program to ensure they accurately determine financial eligibility.

Responsibilities

• Draft intricate documents such as pleadings, motions, statements, contractual agreements, and provisions in conjunction with court orders, agreements, stipulations, services to be delivered, or judgments; protect the City against potential liability, reviewing and analyzing city, state, and federal law to make recommendations concerning the effect thereof.
• Provide legal counsel and assistance to IREA by researching legal aspects of issues, questions, or problems, and interpreting the intent and ramifications of laws relating to supplemental needs trusts, guardianships, estates, liens, and recoveries.
• Represent the Commissioner in judicial proceedings by appearing before the courts, engaging in motion practice, conducting depositions, and preparing evidence and witnesses to prosecute or resolve litigation in difficult cases.
• May conduct complex negotiations on behalf of the agency to obtain settlements that are fair, equitable, and ultimately advance and/or protect the agency's interests.
• Review and approve trusts that Medicaid applicants submit to shelter their assets. This includes analyzing draft supplemental needs trusts to ensure the agency can effectively monitor and recover trust assets, monitoring trends in trust language, and authoring legal recommendations about problematic provisions or language.
• May supervise subordinate attorney staff and support staff and/or oversee the work of, or provide guidance to, other attorney staff and legal support staff in preparing written work product and oral advocacy.
• May monitor time and leave and may provide staff training and development on policy, practice, and new procedures.

Schedule

Monday through Friday, 9:00 AM – 5:00 PM, with flex.

Minimum Qualifications

Admission to the New York State Bar; and either "2" or "3" below.

• One year of satisfactory United States legal experience subsequent to admission to any state bar; or
• Six months of satisfactory service as an Agency Attorney Interne (30086).

Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.

In addition to meeting the minimum Qualification Requirements: To be assigned to Assignment Level (AL) II, candidates must have one year of experience at Assignment Level I or two years of comparable legal experience subsequent to admission to the bar, in the areas of law related to the assignment. To be assigned to AL III, candidates must have two years of experience in Assignment Levels I and/or II or three years of comparable legal experience subsequent to admission to the bar, in the areas of law related to the assignment.

Preferred Skills

• Knowledge of laws and practice regarding trusts and estates, Medicaid, guardianships, and supplemental needs trusts.
• Excellent written and oral advocacy skills.
• Experienced litigator.
• Computer-literate, with proficiency in Microsoft Office.
• An openness and desire to learn new things and step out of your comfort zone, regardless of how much you already know.

Residency Requirement

New York City Residency is not required for this position.