New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter B - Public Assistance
Article 2 - Determination of Eligibility-Categorical
Part 360 - MEDICAL ASSISTANCE
Subpart 360-5 - Eligibility Based On Disability
Section 360-5.7 - Pending of disability cases

Disability status must be determined within 90 days of the date of application. This time standard applies except in unusual circumstances (e.g., where the agency cannot reach a decision because of failure or delay on the part of the applicant or an examining physician, or because of some administrative or other emergency that could not be controlled by the agency). This pending period for acting on applications or redeterminations of eligibility must not be used as a waiting period before granting MA. Furthermore, if it is necessary to pend a case beyond this 90-day period, this will not be a basis for denying MA to an applicant or for terminating assistance.