You should always ask for a hearing if your SNAP/food stamp benefits are denied or stopped due to missing proofs, even if you now have the proof your worker wanted. If your worker approves your case while you are waiting for the hearing, you can withdraw (cancel) your fair hearing request so you do not have to go to the hearing. Do this in writing, explaining that your worker has agreed to approve your case.
If you can bring in the missing proof within 60 days of the date you applied for SNAP/food stamp benefits or within 30 days of the date your certification period ended, and DTA accepts the proof, your benefits should be approved or reinstated. 106 C.M.R. § 361.700(B). You may also be able to get your worker or supervisor to approve your case if you bring in the proof after this time. 106 C.M.R. § 367.225(A).
Also, if your SNAP/food stamp benefits were denied, stopped or reduced because of a missing proof, and you bring this proof to the hearing, the hearing officer should consider it and make any adjustments to your benefits back to the date that the proof shows you were eligible for the right amount of benefits. This is called the "de novo rule." 106 C.M.R. § 343.500(A).
Additional Policy Guidance on Reopening Case
Additional Policy Guidance on Reopening Case
- Case denied for failure to provide verification must be reopened if verification received within 60 days of date of initial application. Second application is not required. DTA Field Operations Memo 2006-20 (Apr. 21, 2006)
- If mandatory verifications received, worker cannot deny benefits for lack of proof of deductions (but household may get lower benefit). Reopen case if missing proofs brought in. DTA Field Operations Memo 2007-39 (July 7, 2007), DTA Field Operations Memo 2008-59 (Nov. 12, 2008).
Produced by Patricia Baker, Laura Gallant, Deborah Harris, Rochelle Hahn Massachusetts Law Reform Institute Last updated January 2011
