There are important DTA rules about verifications that you should know, especially if you are having trouble getting proofs or if you think DTA is asking for too many proofs.
Self-declaration
You can self-declare number of food stamp/SNAP eligibility factors unless DTA determines that the information you provided is "questionable" (see below). A self-declaration includes any signed and dated communication from the head of household, including information you write on your application or recertification form, your change report form, or a separate statement. Appendix C: DTA Collateral Contact Form has two sample self-declaration forms for dependent care and shelter.
The following can be self-declared:
- Identity of other household members aside from the head of household, who must verify identity,
- Household living situation (e.g. that you purchase and prepare food separately from others)
- U.S. citizenship,
- Age, or date of birth,
- Shelter expenses (rent, homeownership, utility costs),
- Dependent care expenses (child care or adult care),
- Sources of non-countable income, including loans,
- All information needed for expedited food stamp/SNAP benefits, except identity (see Can I get emergency SNPA/food stamp benefits?).
106 C.M.R. §§ 361.610(A), (K); 361.800, 363.210(D), 364.450(D).
Alternate proofs
DTA must accept any documents that reasonably prove your eligibility. You do not have to give a specific kind of document or proof. 106 C.M.R. § 361.640. Some eligibility factors can be verified through a wide range of documents, such as your identity, where you live (your address), your age or date of birth (if required). DTA cannot demand a specific document such as a birth certificate for identity, or statement from a landlord for residence..
Questionable information
Under some circumstances, DTA can ask for additional proofs if DTA determines the information or documents you provided is "questionable." 106 C.M.R. § 361.620. "Questionable" means the information inconsistent with other information on your application, information you reported to your worker or known to DTA (e.g. through database checks). DTA must review the individual circumstances of a household before determining information is questionable.
Example
Clara Jones has been unemployed for a year and has no income when she applies for SNAP/food stamps. She claims rental costs of $850 per month. Clara reports she has been borrowing money from friends as well as run up debt on her credit card. This information is not "questionable" and she should not need to provide additional verifications.
Your worker cannot make up a reason to reject the proofs you brought in. The worker must document in your case record the reasons for rejecting a proof. 106 C.M.R. § 361.660. If you think you have given DTA enough proof, or if you think your DTA worker is unreasonably requiring a specific type of proof, ask to speak to a supervisor or contact a legal advocate.
DTA worker assistance and collateral contact
DTA workers are supposed to help you get proofs you need if you tell DTA you are having difficulty, including offering to do a "collateral contact" with a third party. For example, if you need a document from another state, from an employer or proof of a disability, your DTA worker must help you. If you have a disability that makes it hard for you to get proofs or comply with other DTA rules, your worker must make a reasonable accommodation for you. See What if a disability makes it hard for me to apply, get proofs, or comply with the SNAP/food stamp rules?.
"Collateral contact" is where you give your DTA worker permission to call other agencies or persons to verify information. 106 C.M.R. §§ 361.640(B). Appendix C: Important Advocacy Forms has a sample of DTA's collateral contact form. It is up to you to give your worker the names of people to contact, and to sign a collateral contact form giving DTA permission. Allowing DTA contact a third party is voluntary. Also, DTA cannot require proof from a particular person if you can verify the information in a different way. Your privacy is important and must be respected. 106 C.M.R. § 360.400.
You cannot be denied SNAP/food stamps just because you are having trouble getting proofs, but you can be denied if you refuse to cooperate with getting the proofs or refuse to be interviewed, or you do not meet the other eligibility rules. 106 C.M.R. §§ 361.400 and 361.650.
Reopening an application denied for lack of proofs
DTA is required to send you a notice of pending status. 106 C.M.R. § 361.930. The notice should list the specific proofs or verifications missing and tell you that you have another 30 days (for a total of 60 days from the date you first applied) to bring in these proofs and have your case opened back to the date you first applied and met the eligibility requirements. You do not need to sign a new application. If you think DTA is taking too long to reopen your case, contact an advocate.
If you get a notice telling you that your SNAP/food stamp application was denied for lack of proofs— DTA will reopen your application if you get the missing proofs to DTA within this second 30-day period.
Reopening an application denied more than 30 days ago
Suppose DTA denied your application and for some reason you did not get the missing proofs in during the second 30-day period following the denial. You should first file a new application for benefits so you can get on SNAP/food stamps quickly. But you also have the right to appeal the denial notice to get back benefits to the date you first applied.
If you file an appeal within 90 days of the date of the notice and bring the missing proofs to the hearing, the hearings officer is required by law to accept these proofs under the de novo review rules and approve benefits, assuming you were otherwise eligible. 106 C.M.R. § 343.500(A). You do not need to have a good cause reason for failing to provide the proofs initially. You simply have a right to present the missing proofs at or before the hearing and claim the back benefits. See If I have the proof my worker wanted, should I still go to the hearing?
Advocacy Reminders
- DTA should not deny your case because the additional proofs that relate to deductions such as medical expenses or the amount you pay in child support are missing. Instead, DTA should calculate your SNAP/food stamps without the deductions. If you later give DTA proof of the deductions, the amount of your benefits should be recalculated.
- If more than 30 days have elapsed from the notice of denial (the period where you can get benefits reopened after you bring in proofs), don't forget that you always have a right to file an appeal within 90 days of the date of the denial or termination notice. Under the fair hearing rules, the hearings officer must accept the proofs under special "de novo" appeal rules. See Appeal Rights. You should both reapply for benefits and consider filing an appeal for the back benefits.
Additional Policy Guidance on Verifications
Additional Policy Guidance on Verifications
- Updated DTA policy guidance to workers on permanent, optional and alternate verifications, use of self-declarations, worker assistance including instructions on missing wage information. DTA Field Operations Memo 2010-55 (Nov. 23, 2010). See also related guidance, DTA Field Operations Memo 2007-39 (July 13, 2007), DTA Field Operations Memo 2006-43 (Sept. 26, 2006) and DTA Field Operations Memo 2008-59 (Nov. 12, 2008) re "negative case errors" (Nov. 12, 2008)
- Shelter expenses may be self-declared unless questionable; household can self-declare on SNAP application or recertification form. DTA Field Operations Memo 2010-29 (June 16, 2010)
- Child care expenses can be self-declared, unless expenses claimed are questionable. DTA Field Operations Memo 2007-19 (Mar. 15, 2007)
- Living expenses that exceed income are not questionable if household has reasonable explanation. DTA Transitions (Mar. 2010)
- Worker assistance must be provided if clients cannot get verifications for reasons beyond their control, including domestic violence situations. DTA Transitions (May 2008)
- Applications denied for lack of proofs must be reopened if missing verification is received within 60 days of date of initial application; household not required to file a new application. DTA Field Operations Memo 2006-20 (Apr. 21, 2006)
- Original documents not required, photocopies and faxed documents are acceptable. DTA Transitions (June 2005)
- Workers cannot limit verifications to any single type of document and cannot require verification from a specific person. DTA Transitions (Aug. 2004); DTA Transitions (Aug. 2005)
- Most household information and expenses that have not changed do not need to be re-verified at recertification. Earned and self-employment income must be re-verified.) DTA Field Operations Memo 2010-03 (Jan. 19, 2010). See also DTA Field Operations Memo 2007-39 (July 13, 2007)
- If client is having difficulty getting verification from third party, DTA worker must offer to assist through collateral contact. DTA Field Operations Memo 2010-55 (Nov. 23, 2010) and DTA Field Operations Memo 2005-49 (Oct. 3, 2005).
Produced by Patricia Baker, Laura Gallant, Deborah Harris, Rochelle Hahn Massachusetts Law Reform Institute Last updated January 2011