If an applicant or client (hereafter called client) disagrees with a Department (DTA) action, s/he has the right to appeal. If a client requests an appeal, s/he will have a fair hearing. A fair hearing is a proceeding where the client can receive a determination of the appropriateness of certain actions or inactions by the DTA from the Division of Hearings (DOH). DOH is an impartial division within the Department that administers hearings and renders decisions for appeals requested by clients.
Grounds for Appeal
There are many situations in which a client might request a fair hearing. Some examples are:
the denial of an application;
the timeliness of a notification;
a reduction or termination of benefits;
coercive or improper conduct on the part of a Department employee; or
a denial of a request for a Reasonable accommodation/modification under the Americans with Disabilities Act.
How a client files for an appeal
A client or their authorized representative may file an appeal by mail, fax, or phone. To file an appeal by mail, a client may complete a DTA appeal form or write out the appeal on a piece of paper with their name, APID or SSN, address and phone number. The appeal must be mailed to:
DTA Hearings
P.O. Box 4017
Taunton, MA 02780-0314
To file an appeal by fax, a client may complete a Request for an Appeal form or write out the request for an appeal on a piece of paper with their name, APID or SSN, address and phone number, and fax the appeal to: 617-348-5311. It is helpful if clients also include what they are appealing.
To file an appeal by phone, a client must call DOH at 617-348-5321 and leave a voicemail message with their name, APID, phone number, and reason for the appeal. A DTA employee will then call the client to verify all necessary appeal information.
Upon receiving the appeal request, the DOH will send a written notice to all parties at least 10 days in advance of the hearing date to permit adequate preparation.
The Basis of Fair Hearing Decisions
The hearing is designed to secure and protect the interests of both the appellant and the Department. Any conclusions in fair hearing decision must be based upon a preponderance of evidence. Types of evidence include:
documentary evidence (such as written statements, copies of registrations, bills, etc.)
testimony (those testifying are sworn under oath, and their statements are recorded); and
current Department policy, procedures, and memoranda (A referee's decision must be based on Department regulations.)