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Appeal Rights

 

What are my rights if DTA denies or cuts my benefits?

If DTA denies your SNAP/food stamp benefits or stops or lowers your monthly amount, you can ask for a "fair hearing." A fair hearing is a formal meeting at the local DTA office or a formal telephone or video conference. A hearing officer runs the hearing and decides who is right. 106 C.M.R. §§ 367.375, 343.110. You can ask for a fair hearing to challenge any DTA decision or action you disagree with. 106 C.M.R. §§ 367.125, 343.230.

Denial of benefits

You can ask for a fair hearing if your application is denied, or if any other request is denied, such as a request to correct a SNAP/food stamp under-issuance, or a request for an increase because your income has gone down or someone else has moved into your household. You can ask for a hearing if DTA denies your request to accommodate a disability. See What if a disability makes it hard for me to apply, get proofs, or comply with the SNAP/food stamp rules? and Is there a quick way to check the status of my application or my benefits? You can ask for a hearing if the worker says you have been denied but never sends you written notice. You can also ask for a hearing if the worker just ignores your request. 106 C.M.R. § 343.230.

Cuts or termination of benefits

You can ask for a hearing if your benefits are stopped or reduced. See How long do I have to ask for a fair hearing? on how to keep your benefits while you are waiting for a hearing decision. 106 C.M.R. §§ 343.230, 367.300.

DTA Worker Misconduct

You can ask for a hearing if your worker threatens you, makes unreasonable demands that do not follow the rules, violates your privacy, or does not treat you with dignity and respect. 106 C.M.R. § 343.235.


Produced by Patricia Baker, Laura Gallant, Deborah Harris, Rochelle Hahn Massachusetts Law Reform Institute
Last updated January 2011


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