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Appeals

Since many procedural appeal issues are the same across programs, you also may want to check the materials in the benefits cross-program Appeals category at http://www.masslegalservices.org/cat/2130.  For materials specific to appelaing shelter transfers, check the Shelter Transfers>Appeals subcategory at http://www.masslegalservices.org/cat/2267.

Resources in this Category

ALL Agency Rules & Procedures Practice Materials

  Title Sort By Title, Descending Date
PDF Document Access to DTA Client Record (Release Form) - English and Spanish Versions6/1/2001
PDF Document Authorization to Release Records - General Authorization6/1/2001
PDF Document E-Mail 2006-3: FY07 State Budget Language Regarding EA Presumptive Eligibility

Effective immediately, if the EA case of a recipient who got presumptive EA is terminated and the recipient appeals timely, recipient is eligible for aid pending the appeal.

8/2/2008
PDF Document E-Mail 2006-7: Additional Colon v. Wagner Instructions

The court in this case found EA termination notices insufficient. DTA sent all families terminated between 12/05 and 11/06 notice of the right to reapply. The email provides instructions for caseworkers on how to process reapplications, including that 12 month rule does not apply and that a more complete termination notice for original termination must be provided and is appealable.

12/22/2006
PDF Document Field Op 01-031 Emergency Assistance - Court Order 8/23/2001
PDF Document Field Op 2003-29: Patterson v. John Wagner, Commissioner DTA - Emergency

A superior court judge has issued a temporary restraining order mandating that the Department stop imposing the $100 per night charge to an EA AU who loses a shelter termination appeal after requesting that the Department continue their assistance pending their appeal.

9/26/2003
PDF Document Field Op Memo 2006-32: Revision to the Notice of Termination of Temporary Emergency Shelter (NFL- ST) Form

This memo notifies staff that the Notice of Termination of Temporary Emergency Shelter (NFL-ST) Form (Attachment A) has been revised to provide space on the notice for: the name of the person engaged in the criminal activity; and a description of the criminal activity that is causing the termination of EA shelter benefits.

8/1/2006
PDF Document Field Op Memo 2006-49: Shelter Benefits Received Under Presumptive Eligibility Not Subject to 12-Month Rule and Assistance Pending an Appeal when Presumptive Eligibility Shelter Terminated

The purpose of this memo is to inform TAO staff about the revised presumptive eligibility procedures and to restate the role of the AU Managers or Homeless Coordinators in assisting EA applicants in obtaining the missing verifications.

10/20/2006
PDF Document Field Op Memo 2007-61: EA Changes: NFL-9, NFL-ST Revisions; Accommodating Request from EA Family for Information and/or Documentation

EA notices have been updated to include local case worker phone number. This FOM also directs local offices to provide EA families with all of the documentation regarding the reason for adverse action if the family requests such information, and lists the documents that must be provided. 

11/19/2007


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