The hearing officer must decide your case within 60 days after you appeal. 106 C.M.R. § 367.450.
If you win an increase in SNAP/food stamp benefits, DTA must include the increase in your next regular payment, if the payment is due within 60 days of when you first requested a hearing. If your next payment is due more than 60 days after the date you asked for a hearing, DTA must get you your increase within ten days of the decision. 106 C.M.R. § 367.450(A). DTA must also give you any SNAP/food stamp benefits you missed while you were waiting for your hearing decision because your food stamp case was denied or your SNAP/food stamp amount was too low. 106 C.M.R. § 366.500.
If you lose your fair hearing, don't give up. Reapply for benefits. You have 14 days to ask for a remand and 30 days to file in court to challenge the hearing officer's decision. 106 C.M.R. §§ 343.710, 343.720, 367.475. You may be able to get help from your local Legal Services office. See Find Legal Aid on the Massachusetts Legal Services website. Be sure to allow time to get the court papers ready.
If you lose the fair hearing, DTA may ask you to repay SNAP/food stamp benefits you got while you were waiting for a hearing decision. See What if I am overpaid SNAP/food stamp benefits? If you are no longer receiving benefits, DTA cannot recover SNAP/food stamp benefits by reducing your cash assistance benefits, but DTA may be able to pay itself back by attaching your wages or other income. See How can DTA collect an overissuance? and When can DTA cut my benefits to pay back an overissuance?
Produced by Patricia Baker, Laura Gallant, Deborah Harris, Rochelle Hahn Massachusetts Law Reform Institute Last updated January 2011
