SENIOR ATTORNEY

City of New York•New York, NY

1d•$92,525 - $106,404•Hybrid

About The Position

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. 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 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. The Office of the General Counsel of Legal Affairs (OLA) is recruiting for one (1) Agency Attorney III to function as a Senior Attorney within SLRLU who will: - 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; protects 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, 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 trust 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.

Requirements

Admission to the New York State Bar
One year of satisfactory United States legal experience subsequent to admission to any state bar
Six months of satisfactory service as an Agency Attorney Interne (30086)
Must remain Members of the New York State Bar in good standing for the duration of this employment
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 (for AL II)
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 (for AL III)

Nice To Haves

Experience in Surrogate’s Court and Supreme Court litigation
Experience with Medicaid recovery
Experience with trusts and financial eligibility
Experience supervising attorneys

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
Interpret 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
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 trust that Medicaid applicants submit to shelter their assets
Analyze draft supplemental needs trusts to ensure the agency can effectively monitor and recover trust assets
Monitor trends in trust language
Author legal recommendations about problematic provisions or language
Supervise subordinate attorney staff and support staff
Oversee the work of, or provide guidance to, other attorney staff and legal support staff in preparing written work product and oral advocacy
Monitor time and leave
Provide staff training and development on policy, practice, and new procedures