23. What if the Disability Evaluation Service decides I am not disabled?

First, DES notifies the local office of its decision on a DES Disability Determination Tracking form. See Appendix C. You have a right to see a copy of this form and all the other information in the DES file. 106 C.M.R. § 701.330.

Second, if DES decides you are not disabled, you will get two notices:

• The first notice comes from DES and explains why DES found you are not disabled under the EAEDC rules. The letter will list the medical conditions and information DES evaluated. You can bring this notice to your doctor or to an advocate who may be able to contact DES for more information or help you get additional information or tests to prove you are disabled
• The second notice is a notice from DTA which will tell you that your EAEDC benefits are going to stop or be denied because DES found you are not disabled. You have the right to appeal the notice from DTA. 106 C.M.R. § 702.500. See Questions 87, 88, and 89 on appeals and how to keep your benefits while you appeal.

Advocacy Reminders:

• DES is required to keep disability determination records for each case for at least 7 years. If you want to look back at your disability record, you have the right to ask DES for the full case record. You can reach DES by calling 1-888-497-9890. See Question 11.
• If you appeal the DES decision denying your disability or the DTA notice about denial or termination of your EAEDC, and you have new medical evidence, DES must consider this new evidence and notify DTA if it affects their decision. It is best to fax or mail new evidence before the hearing, but if you run out of time, bring it to the hearing. See Question 90.

If your doctor can re-verify quickly that you are disabled for at least 60 days, you may want to reapply for EAEDC rather than appeal aid pending. See Question 88. Consult with an advocate.