The federal Americans with Disabilities Act (ADA) requires DTA to provide equal access to programs and services to qualified people with disabilities. 42 U.S.C. § 12132; see 106 C.M.R. §§ 360.250, 701.390.

Under the ADA you are a person with a disability if you have a physical or mental disability that substantially impairs a major life activity, such as learning, understanding, walking, working, breathing, or caring for yourself. A temporary health problem like a broken leg may not be a disability under the ADA. You can be disabled under the ADA even if you are not receiving any benefits on the basis of disability.

If a disability makes it hard for you to meet DTA rules or use DTA services, you can ask DTA to grant exceptions to the rules or modify the services. These are called "reasonable accommodations" under the ADA.

Example 1: Because of your disability, you need extra time or help getting information to DTA. DTA should give you the extra time or help.

Example 2: You have trouble reading because of a learning disability. DTA should explain its notices to you.

Example 3: Because of your disability, you should get a waiver of the face to face interview, and you should be able to communicate with your DTA worker through appropriate communication devices (e.g., a TTY, CART services, or other devices). DTA can also schedule a home visit.

If you need special help or an exception because of a disability, you can ask your worker, the local office director, or any member of the "Accommodation Team" in each DTA local office. DTA should then fill out a form called a "Request for an ADA Accommodation." DTA may ask for a copy of medical records or other evidence of the disability or permission to contact a doctor or other professional who can verify your disability. You may also need to document the connection between the disability and the special help or exception you are requesting.

The DTA local office should give you a written decision on your request for reasonable accommodation no later than 30 days from your request. If the local office denies your request in whole or in part, you can ask for DTA Central Office Accommodation Appeal Committee reconsideration by filling out the back of the form and giving it to your worker. The Committee has 10 days to make a decision on the reconsideration request. You can also file your request directly with the Committee if the local office does not decide your request in 30 days.

If the DTA Central Office Accommodation Appeal Committee denies your request for accommodation in whole or in part or fails to issue a decision within 10 days from your request, you can request an administrative hearing by filling out the back of the form and sending it to the Division of Hearings.

Try to get a legal advocate to help you with your request for review and your appeal. See Appendix G: Legal Services Offices for a list of Legal Services offices. See Part 6 on Appeal Rights.