The Online Resource for Massachusetts Poverty Law Advocates

92. When will I get a decision and what should I do if you lose?

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.

If you asked for a hearing because your application was denied, the hearing officer must decide your case within 45 days after you appeal.

In all other cases, the hearing officer must decide within 90 days of your appeal. Time will be added for any delays caused because you asked for a rescheduling or more time to submit proofs or written arguments. 106 C.M.R. § 343.140.

If you win, you should get any benefits DTA owes you within 30 days of the decision. 106 C.M.R. § 343.640. If you lose your fair hearing, don't give up! Reapply for benefits, and get in touch with your local Legal Services office right away. See Appendix I.

You have 14 days to ask for a remand and 30 days to file in superior court to challenge the hearing officer's decision (be sure to allow time to get the court papers ready). 106 C.M.R. §§ 343.710, 343.720.

 

Advocacy Reminder:

You can fax your remand request to the DTA Commissioner, fax number
617-348-8575.
 


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