The Online Resource for Massachusetts Poverty Law Advocates

90. I have the proof my worker wanted, should I still ask for a hearing?

ALERT:  Many of the rules in the TAFDC/EAEDC Advocacy Guide do NOT apply during the pandemic. Please go to the following COVID-19 & DTA benefits page: https://www.masslegalservices.org/DTA-COVID-19 until further notice for more information about changes.

You should always ask for a hearing, even if you now have the proof your worker wanted. If your worker approves your case while you are waiting for the hearing, you can withdraw (cancel) your fair hearing request so you do not have to go to the hearing. You can mail or fax your withdrawal to the Division of Hearings, see Question 89. If DTA approved your case or agreed to some or all of what you were asking for, you should write that in the withdrawal.

If you can give your worker the missing proof within 30 days of the notice denying or cutting your benefits, your benefits should be approved or reinstated. 106 C.M.R. § 702.160(B). You may also be able to get your worker to approve your case if you bring in the proof after 30 days. 106 C.M.R. § 702.240, 343.350(B).

If the worker does not agree to approve your benefits at the amount you think is correct, you should go ahead with the hearing and provide your evidence to the hearing officer. The hearing officer is required under the fair hearing rules to accept any evidence presented at the hearing and determine if you were eligible, even if it was not provided to DTA before. 106 CMR 343.500(A).


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