You have 90 days from the date of notice to ask for a fair hearing on any DTA SNAP/food stamp actions or denials. 106 C.M.R. § 367.100. You have 120 days in worker bad conduct cases and cases where DTA does not act on a request. 106 C.M.R. § 343.140. You also can ask for a hearing to challenge the amount of your benefits any time during your certification period or whenever you discover an error. 106 C.M.R. § 367.100. See 68. What if DTA makes a mistake and owes me money?

If your benefits are being reduced or stopped before the end of your certification period, you can keep your benefits at the same level while you are waiting for a hearing decision. In most cases, DTA must give you at least ten days notice before the date of the reduction or termination. 106 C.M.R. § 366.200. The Division of Hearings must receive your appeal request within ten days of the date DTA mailed the notice or by the day before the date on which the action is to take place, whichever is later. (Be sure to save the envelope the notice comes in.) Benefits will continue until the fair hearing referee makes a decision or until your certification period ends, whichever is first. 106 C.M.R. §§ 366.220, 367.275.

Example

Elizabeth's SNAP/food stamp benefits are usually deposited to her Bay State Access account on the 11th of each month. She receives a notice dated January 25 which tells her that her benefits will be terminated on February 10 (the day before her next benefits are due). Elizabeth disagrees with this decision and decides to appeal. The Division of Hearings must receive her fair hearing request by February 9, the day before the termination is to take place, for Elizabeith to continue to receive benefits while waiting for the hearing decision or for her certification period to end. She can still request a hearing after February 9 (until April 25) but her benefits will not continue while waiting for the hearing decisions.