08. What if I am having trouble getting all the proofs, or the proofs get to DTA late?

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 a number of SNAP eligibility factors unless DTA determines that the information you provided is "questionable" (see below). 

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 SNAP benefits, except identity (see Question 9 (Can I get emergency SNPA/food stamp benefits?)).

106 C.M.R. §§ 361.610(A), (K); 361.800, 363.210(D), 364.450(D).

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. has two sample self-declaration forms for dependent care and shelter.Appendix C

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 is inconsistent with other information on your application, or 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 that information is questionable.

Example:

Clara Jones has been unemployed for a year and has no income when she applies for SNAP. She claims rental costs of $850 per month. Clara reports that she has been borrowing money from friends and has run up debt on her credit card. This information is not "questionable" and she should not need to provide additional verifications.

The DTA 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 if you tell DTA you are having difficulty. For example, if you need a document from another state, from an employer or for proof of a disability, your DTA worker should offer to 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 Question 12 (What if a disability makes it hard for me to apply, get proofs, or comply with the SNAP rules?).

"Collateral contact" is when you give your DTA worker permission to call or write to 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 just because you are having trouble getting proofs. You can be denied if you refuse to cooperate with getting the proofs, refuse to be interviewed, or 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 cannot deny your SNAP application – for failure to provide verifications – until 30 days after the date you applied. If the proofs are still missing by day 30, 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. If you provide the proofs within this timeframe, your case will be opened back to the earlier application date if you met the eligibility requirements at that time. 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 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. You do not need to reapply.

Reopening an application denied more than 30 days ago

Suppose DTA denied your application and you did not get the missing proofs in during the second 30-day period following the denial. First, you should file a new application for benefits so you can get on SNAP quickly. Second, you also have the right to appeal the denial notice to try to get benefits retroactive 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 hearing officer is required by law to accept these proofs under the de novo review rules. If the documents show that you met the SNAP eligibility rules, the hearing officer will approve benefits retroactive to the date of application. 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 Question 82 (If I have the proof my worker wanted, should I still go to the hearing?).

Advocacy Reminders

  • DTA should not deny your case because you fail to provide additional proofs that relate to deductions such as medical expenses or the amount you pay in child support. Instead, DTA should calculate your SNAP without the deductions. If you later give DTA proof of the deductions, the amount of your benefits should be recalculated.
  • If it has been more than 30 days since the notice of denial (and you have therefore missed the timeframe for having benefits reopened by providing proofs) but less than 90 days since the denial or termination of benefits, you still have a right to file an appeal. Under the fair hearing rules, the hearing officer must accept the proofs under special "de novo" appeal rules. See Part 6 on Appeal Rights. You should both reapply for benefits and consider filing an appeal for the back benefits.
Additional Policy Guidance on Verifications