reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.100 - Overview of State Supplement Program

Current through Register 1525, July 5, 2024
SSP provides state-funded financial assistance to individuals
				who receive SSI or who do not qualify for SSI due to income as provided by
				106 CMR
				327.120. No other individuals are eligible
				for SSP.
SSP provides financial assistance to blind individuals through
				the authority of the Massachusetts Commission for the Blind and to aged and
				disabled individuals through the authority of the Department of Transitional
				Assistance.
SSP clients must meet program criteria provided in 106 CMR
				327.000. Such criteria are based on and should be interpreted in accordance
				with applicable Social Security law, regulations and relevant sub-regulatory
				materials, such as Social Security Rulings (SSRs), Program Operations Manual
				System (POMS), and Emergency Messages (EMs). In accordance with federal law,
				payment levels are based on Eligibility Category, State Living Arrangement and
				whether the client is considered an individual or a member of an eligible
				couple.
See
20 CFR 416, Subpart T.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.110 - Definitions

Current through Register 1525, July 5, 2024
The following words and terms, when used in 106 CMR 327.000,
				have the following meanings, unless the context otherwise requires.
Child
. For SSP purposes, is one who
				meets the SSI definition of child.
Countable Income
. As defined in
				20 CFR
				416.1104.
Eligible Individual
. An aged, disabled
				or blind individual who meets all SSI eligibility requirements.
See
20 CFR
				416.120.
Eligible Couple
. An eligible
				individual and his or her eligible spouse who are living in the same household.
See
20
				CFR 416.1801.
Federal Benefit Rate (FBR)
. As defined
				in
				20 CFR
				416.1101.
Public Income Maintenance Payment
. A
				payment from any of the following programs: SSI, TAFDC, Refugee Act of 1980,
				Disaster Relief Act of 1974, Veterans Administration benefits based on need, or
				any State or local governmental assistance program based on need.
Representative Payee
. As defined in
				20
				CFR 416.601.
Resources
. As defined in
				20 CFR
				416.1201,
et seq.
Supplemental Security Income (SSI)
. As
				defined in
				20
				CFR 416.101.
SSP-only
. A designation for a client
				who is ineligible for SSI solely based on his or her income but is eligible to
				receive SSP benefits.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.120 - Eligibility for State Supplement Program

Current through Register 1525, July 5, 2024
An application for SSI serves is an application for SSP. There
				is no separate SSP application. Eligibility for SSP is determined after an
				eligibility determination for SSI is made by the Social Security Administration
				(SSA). The Department must accept the SSA determination. Individuals may be
				eligible for SSP if they are either:
(A) determined eligible for SSI; or
(B) determined not eligible for SSI solely
			 due to income, but their countable income is less than the combined Federal
			 Benefit Rate (FBR) and the appropriate SSP payment.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.130 - Eligibility for Other Programs; Treatment of SSP Benefits in Other Programs

Current through Register 1525, July 5, 2024
Individuals who receive SSP benefits are not eligible for TAFDC
				and EAEDC benefits.
All income of an SSP client, including their SSP benefits, is
				not counted in the eligibility calculation for TAFDC and EAEDC benefits for
				other household members.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.140 - Fair Hearings and Notices

Current through Register 1525, July 5, 2024
An applicant or client who receives a Department decision
				related to his or her SSP benefits has the right to request a fair hearing
				pursuant to 106 CMR 343.000:
Fair Hearing Rules.
All SSP
				benefits-related notices shall meet the Adequate Notice requirements as
				provided by
				106 CMR
				343.200:
Adequate Notice
				Requirements.
Decisions and actions of SSA regarding SSI benefits
				shall be exclusively subject to SSA jurisdiction and shall not be grounds for
				appeal pursuant to 106 CMR 343.000:
Fair Hearing
				Rules.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.150 - Verifications

Current through Register 1525, July 5, 2024
An SSP client must cooperate in verifying all categorical and
				financial eligibility requirements. This includes complying with the disability
				determination process unless good cause exists as provided by
				106 CMR
				701.380:
Good Cause
				Criteria.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.160 - Responsibility for Notification of Changes

Current through Register 1525, July 5, 2024
SSP-only clients are required to report any changes in their
				circumstances that may affect their eligibility or the amount of their grant
				within ten calendar days.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.210 - Eligibility Categories

Current through Register 1525, July 5, 2024
An individual must be in one of the following SSI categories to
				be eligible for SSP. If an individual is eligible under more than one category,
				the category which provides the highest payment level shall be used:
(A)
Aged
. 65 years
			 of age or older;
(B)
Disabled
. Disabled in accordance with 20 CFR Part 416,
			 Subpart I. If disability has not been determined by SSA, disability will be
			 determined by the agency or organization under agreement with the Department to
			 provide disability evaluation services; or
(C)
Blind
.
			 Determined to be blind in accordance with 20 CFR Part 416, Subpart! If
			 blindness has not been determined by SSA, blindness will be determined by the
			 agency or organization under agreement with the Department to provide
			 disability evaluation services.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.220 - State Living Arrangements

Current through Register 1525, July 5, 2024
An individual's SSP benefit amount is determined by their
				living arrangement.
(A)
State Living Arrangement A: Full Cost of Living
.
(1)
State Living Arrangement
			 A
includes an individual who is in Federal Living Arrangement A
			 and is:
(a)
Living
			 Alone
included in those who live alone, are individuals who rent a
			 room in a commercial rooming house which does not provide board or who live in
			 a hotel. Also, individuals who rent only a room in a private residence are
			 considered living alone if they do not use the residential kitchen facilities
			 for preparation of his or her meals.
(b) Living only with his or her SSI or SSP
			 eligible spouse.
(c) Living only
			 with his or her SSI or SSP eligible spouse and his or her SSI or SSP ineligible
			 children, none of whom receive public income maintenance payments.
See
106 CMR
			 327.110(E).
(d) Living only with his or her SSI or SSP
			 ineligible spouse and/or his or her SSI or SSP ineligible children, none of
			 whom receive public income maintenance payments.
For the purposes of
				106 CMR 327.220(A)(1)(a)
				through (d), foster children placed with
				anyone other than their parents are not considered to be living with the foster
				parent.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.230 - Residence

Current through Register 1525, July 5, 2024
An SSP client must be living in Massachusetts, with the
				intention of making his or her home in Massachusetts, but is not required to
				maintain a permanent residence or fixed address.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.310 - Income

Current through Register 1525, July 5, 2024
The amount of income an individual has is a factor in
				determining eligibility for SSP. How and which types of income are counted is
				determined in accordance with 20 CFR 416, Subpart K.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.320 - Resources

Current through Register 1525, July 5, 2024
Resource limitations and which resources are countable are
				determined by SSA in accordance with 20 CFR 416, Subpart L.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.330 - Payment Standards

Current through Register 1525, July 5, 2024
Payment amounts are based on Eligibility Category, State Living
				Arrangement, whether the client is eligible as an individual or as a member of
				an eligible couple and the amount of countable income.
If countable income exceeds the Federal Benefit Rate (FBR), the
				amount exceeding the FBR is deducted from the SSP payment standard.
Payment standards are available online at www.mass.gov/dta
				under the heading Key Resources/Program Eligibility Charts and Tables/SSI
				Program Payment Charts. Paper copies are available upon
				request.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.340 - Date Benefits Begin

Current through Register 1525, July 5, 2024
SSP benefit payments will begin as of the date SSI payments
				begin. For SSP-only eligible clients, SSP benefit payments will begin as of the
				first day of the month following the date of the SSI
				application.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.350 - Timing and Method of SSP Benefit Payments

Current through Register 1525, July 5, 2024
SSP benefits are paid once a month. The Department shall
				determine the method of payment.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.360 - Minimum Monthly Payment

Current through Register 1525, July 5, 2024
The minimum monthly payment for the SSP is $ 1.00. If the
				payment amount is greater than zero but less than $1.00, a payment of $1.00
				will be issued.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.370 - Designated Payees and SSA Representative Payees

Current through Register 1525, July 5, 2024
(A) A Designated Payee is a third-party
			 appointed by the Department to receive the SSP benefit payments when the client
			 is unable to manage or direct the management of benefit payments in his or her
			 own interest.
(B) SSP benefits of a
			 client whose SSI benefits are paid to an SSA Representative Payee will also be
			 paid to the SSA Representative Payee. For SSP purposes, this SSA Representative
			 Payee will be known as a Designated Payee.
(C) SSP benefits for a child younger than 18
			 years old must be paid to a Designated Payee.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.380 - Determination of Continuing Eligibility

Current through Register 1525, July 5, 2024
An eligibility review is a periodic review of a client's
				circumstances in relation to the SSI and SSP eligibility requirements. An
				eligibility review is necessary to establish that a client remains eligible to
				receive assistance. The focus of the eligibility review process is on those
				factors of eligibility that are potentially subject to change. The Department
				shall determine when a client's eligibility will be reviewed.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.390 - Special Benefits - Aged and Disabled

Current through Register 1525, July 5, 2024
(A)
Special Benefits
. The Department may authorize payment
			 for clients for moving expenses within Massachusetts and may replace specific
			 items when the loss of these items is the result of: a natural disaster or a
			 fire in the client's dwelling which is beyond the control of the client. All
			 available resources, such as insurance, SNAP benefits and funds from relief
			 agencies
(e.g.,
the Federal Emergency Management Agency and
			 the Red Cross) must be used to replace the unsalvageable items before the
			 Department can authorize a special benefit payment.
(B)
Funeral and Final Disposition
			 Expenses
. The Department may authorize payment for funeral and
			 final disposition expenses for clients as provided in
			 106 CMR
			 705.700:
Eligibility for Funeral and
			 Final Disposition Expenses.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.400 - Overpayments

Current through Register 1525, July 5, 2024
An overpayment of SSP benefits exists when an SSP client
				receives assistance for which he or she is not eligible or the assistance
				exceeds the amount for which he or she was eligible. An overpayment of SSP
				benefits may result from Department error, payment of assistance pending
				implementation of a fair hearing decision upholding the Department's proposed
				action, client error, or misrepresentation or withholding of information.
See
106 CMR
				706.220.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 327.000 - Eligibility requirements for State Supplement Program (SSP) › Section 327.410 - Recovery of Overpayments

Current through Register 1525, July 5, 2024
(A) The
			 Department shall act promptly to recover all overpayments from current and
			 former clients.
(B) When recovering
			 SSP overpayments, the Department shall follow the procedures and rules
			 contained in
			 106 CMR 706.250 through
			 706.296
			 regarding recovery of cash assistance overpayments with the following
			 exceptions:
(1) If through recoupment the
			 monthly grant amount would be reduced to zero, the client shall still be
			 considered receiving benefits and the case shall remain active.
(2) For overpayments that are caused by
			 Department error or unintentional client error, the amount recovered on a
			 monthly basis shall be equal to 10% of the appropriate SSP monthly payment
			 amount or $ 10, whichever is greater. However, upon agreement with the client,
			 the recovery amount can be greater.
(3) For overpayments that are intentional
			 client error, or misrepresentation or withholding of information, the amount
			 recovered on a monthly basis shall be equal to 20% of the appropriate SSP
			 monthly payment amount or $20, whichever is greater. However, upon agreement
			 with the client, the recovery amount can be greater.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.010 - Purpose

Current through Register 1525, July 5, 2024
106 CMR 343.00 sets forth the rules for hearings and appeals
				filed by applicants or clients dissatisfied with certain actions or inactions
				by the Department of Transitional Assistance.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.020 - Scope

Current through Register 1525, July 5, 2024
106 CMR
				343.000 sets forth the exclusive rules for hearings
				and appeals filed by applicants, clients and, if applicable, any sponsors of
				aliens under the programs of Transitional Aid to Families with Dependent
				Children (TAFDC), Emergency Aid to the Elderly, Disabled and Children (EAEDC)
				and State Supplement Program (SSP), and by clients or former clients and/or
				their spouses under M.G.L. c. 62D. Hearings and appeals arising under
				Supplemental Nutrition Assistance Program (SNAP) are governed by
				106 CMR 367.000:
Supplemental Nutrition Assistance Program: Violations, Hearings and
				Claims,
excepting that matters not addressed therein shall be governed
				by
				106 CMR
				343.000. The Department may enter into
				interdepartmental service agreements with other state agencies to conduct
				hearings in accordance with
				106 CMR
				343.000.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.030 - Definitions

Current through Register 1525, July 5, 2024
(A)
Adequate Notice
. A notice of an intended action to
			 reduce, suspend or terminate assistance or to change the manner or form of
			 payments to protective, vendor, or two-party payments, or to deny a prior
			 approval request for services, which contains the elements provided in
			 106 CMR
			 343.200(A).
(B)
Appellant
. An
			 applicant, client, resident or certain sponsors of aliens or certain spouses of
			 clients requesting a fair hearing.
(C)
Applicant
. A
			 person or family who has applied or attempted to apply for a program
			 administered by the Department of Transitional Assistance.
(D)
Assistance
. Any
			 financial assistance provided by the Department.
(E)
Authorized
			 Representative
. Any person, such as a legal counsel, a relative,
			 or a friend, who is authorized in writing by the appellant to represent him or
			 her at the hearing.
(F)
Cyclical Month
. The monthly issuance cycle which
			 begins and ends on a date determined by the Department by using the client's
			 social security number or other identifying number.
(G)
Department
. The
			 Department of Transitional Assistance of the Commonwealth of
			 Massachusetts.
(H)
DOH
. The Division of Hearings within the Department of
			 Transitional Assistance.
(I)
Fair Hearing
. A proceeding where the legal rights,
			 duties, benefits, or privileges of persons and agencies are
			 determined.
(J)
Interpreter
. A person who translates for the
			 appellant, when the appellant's primary language is not English or when the
			 appellant is deaf or hearing-impaired. The interpreter is sworn to make an
			 impartial and accurate translation of the events occurring at the
			 hearing.
(K)
Party
. The appellant or the Department.
(L)
Client
. A person
			 or family who is or had been receiving assistance under a program administered
			 by the Department of Transitional Assistance.
(M)
Hearing Officer
.
			 An impartial and independent person designated by the Director of the Division
			 of Hearings to conduct hearings and render decisions under
			 106 CMR
			 343.000.
No hearing officer who has a direct or indirect interest,
				personal involvement or bias in a hearing shall conduct such a hearing or
				participate in the decision-making process of such matters.
(N)
Timely Notice
. A
			 timely notice shall be adequate notice which meets the requirements found in
			 106 CMR 343.140.
			 Prior to an intended action to reduce, suspend or terminate assistance, the
			 Department must send a timely notice to the client except as provided in
			 106 CMR
			 343.210 and
			 702.950:
Inadequate or Incomplete Monthly Report
. A timely notice is a
			 notice mailed at least ten calendar days prior to the action. This is called
			 the timely notice period.
(O)
Timely Request
. A timely request for a hearing is one
			 received by DOH within the timely notice period.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.100 - The Division of Hearings (DOH)

Current through Register 1525, July 5, 2024
The Division of Hearings (DOH) has the responsibility for
				administering the fair hearing process, holding hearings, and rendering
				decisions. DOH is administered by a Director who is appointed by the
				Commissioner. DOH is wholly separate and independent from all other offices and
				divisions of the Department and from all other personnel of the Department. No
				person shall attempt to interfere with or influence the independence of DOH,
				the decision of the hearing officer, or the implementation of the decision. No
				person shall review the decision of the hearing officer before it is
				issued.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.110 - General Description of the Fair Hearing Process

Current through Register 1525, July 5, 2024
The fair hearing process is an adjudicatory proceeding which
				allows dissatisfied applicants and clients and certain spouses, as well as
				certain sponsors of aliens, upon written request, to obtain a determination of
				the appropriateness of certain actions or inactions on the part of the
				Department, or of alleged coercive or otherwise improper conduct by a
				Department employee.
The process is designed to secure and protect the interests of
				both the appellant and appropriate Department personnel and to ensure fair and
				equitable treatment for all involved. A hearing is conducted by an impartial
				hearing officer of DOH. The decision of the hearing officer is based only on
				evidence and testimony presented at the hearing. The hearing officer examines
				the facts, the law, and the other circumstances of the case presented by the
				parties to determine the legality and appropriateness of the disputed
				Department actions or decision of the Department. The hearing decision is
				binding upon the Department and is not subject to any review within the
				Department except in the case of a remand of the decision for a new hearing
				pursuant to
				106 CMR
				343.710.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.120 - Methods for Conducting a Fair Hearing

Current through Register 1525, July 5, 2024
A fair hearing may be conducted face-to-face, whether in person
				or by video conferencing or telephonically.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.130 - Availability of Fair Hearing Decisions

Current through Register 1525, July 5, 2024
Copies of fair hearing decisions are available upon request
				after steps have been taken to delete personal data, including the appellant's
				name and address, in order to protect the confidentiality of public assistance
				information.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.140 - Time Limits

Current through Register 1525, July 5, 2024
(A)
Timely Notice
. Prior to an action to reduce, suspend
			 or terminate assistance, the Department must send a timely notice to the
			 client, except as provided in
			 106 CMR
			 343.210 and
			 702.950:
Inadequate or Incomplete Monthly Report.
A timely notice is a
			 notice mailed at least ten calendar days prior to the action.
(B)
Time Limitation on the Right
			 of Appeal
. The date of request for a fair hearing is the date on
			 which the Division of Hearings receives a written statement from the appellant
			 asking for the opportunity for a fair hearing will be treated as a request for
			 an appeal. The Division of Hearings must receive the request within the
			 following time limits:
(1) 90 days from the
			 date of official written notice of action by the Department.
(2) Unless waived by the Division of Hearing
			 Director or his or her designee, 120 days from:
(a) the date of application when the
			 Department fails to act on an application;
(b) the date of request for service when the
			 Department fails to act on the request;
(c) the date of Department action when the
			 Department fails to send official written notice of the action;
(d) the date of the alleged coercive or
			 otherwise improper conduct. This time limit can be extended up to one year from
			 the date of the conduct provided that the appellant files an affidavit with the
			 Director of the Division of Hearings stating that, and can establish at a
			 hearing that:
1. he or she did not know of
			 the right to appeal;
2. he or she
			 reasonably believed that the problem was being resolved administratively;
			 or
3. he or she was justifiably
			 unaware of the conduct in question; and
4. the appeal is made in good faith.
Failure to substantiate allegations of coercive or improper
				conduct either prior to or at the hearing shall be grounds for
				dismissal.
(3) 30 days from the date of mailing by the
			 Department of Revenue of the notice of state income tax refund intercept to
			 offset an overpayment due to the Department of Transitional
			 Assistance.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.150 - Authorized Representative

Current through Register 1525, July 5, 2024
(A)
			 An appellant has the right to be represented at his or her own expense by a
			 person who is authorized in writing to do so or is present at the hearing with
			 the appellant. Such written authorization shall contain the name, address, and
			 telephone number of the representative and the signature of the appellant. This
			 information will be submitted at the hearing if DOH was not previously told
			 that the appellant had an authorized representative. An authorized
			 representative may exercise on a party's behalf any of the rights and powers
			 vested in that party by these rules.
(B) Where an interpreter also acts as the
			 appellant's authorized representative, the appellant shall supply a signed
			 written statement in both English and the primary language that authorizes the
			 representative's dual roles. If the appellant is a deaf or hearing-impaired
			 person, one person shall not act as both interpreter and authorized
			 representative.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.160 - Auxiliary Aids and Reasonable Accommodation

Current through Register 1525, July 5, 2024
Upon request DOH shall provide reasonable accommodations
				including appropriate auxiliary aids to appellants with disabilities. DOH shall
				inform appellants of the availability of this assistance. DOH shall appoint an
				interpreter for an appellant who is deaf or hearing-impaired unless the
				appellant provides his or her own interpreter or the appellant knowingly and
				voluntarily signs a waiver of such assistance.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.200 - Adequate Notice Requirements

Current through Register 1525, July 5, 2024
(A)
			 In addition to the requirements of timely notice as provided in
			 106 CMR 343.140, a
			 notice about an intended action to reduce, suspend or terminate assistance or
			 to change the manner or form of payments to a protective, vendor, or two-party
			 payment must be "adequate" in that it contains:
(1) A statement of the intended Department
			 action;
(2) The reason(s) for the
			 intended action;
(3) A citation to
			 the regulations supporting such action;
(4) An explanation of the client's right to
			 request a fair hearing and the time limits for the appeal request;
			 and
(5) The circumstances under
			 which assistance is continued if a hearing is requested.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.210 - Timely Notice Exceptions

Current through Register 1525, July 5, 2024
The Department need not send a timely notice for a reduction or
				termination, but must send an adequate notice as defined in
				106 CMR
				343.200, no later than the date of the
				Department action when:
(A) There is
			 factual information confirming the death of a client and there is no relative
			 to serve as a new grantee;
(B) The
			 Department receives a clear written statement signed by the client that he or
			 she no longer wants to receive benefits;
(C) The client has been admitted or committed
			 to an institution and he or she is not eligible for further payments or service
			 under any category of assistance;
(D) The client has been placed in a skilled
			 nursing home, intermediate care facility or chronic hospital;
(E) A client's whereabouts are unknown and
			 the Department's mail directed to that person has been returned by the Postal
			 Service indicating there is no known forwarding address. However, if the client
			 was receiving TAFDC or EAEDC and the client's whereabouts become known, the
			 lost benefit must be made available if the client is found to be eligible
			 during the time period at issue. The client's MassHealth card must likewise be
			 made available;
(F) A TAFDC child
			 is removed from the home by a court or is voluntarily placed in foster care by
			 the grantee;
(G) An EAEDC client
			 starts receiving Supplemental Security Income (SSI) or State Supplement Program
			 (SSP) benefits;
(H) The Department
			 takes action because of information the client furnished in a monthly report or
			 because the client has failed without good cause to submit a complete or timely
			 monthly report;
(I) A special
			 allowance granted for a specific period is terminated and the client has been
			 informed in writing at the time of initiation that the allowance shall
			 automatically terminate at the end of the specified period;
(J) The Department recovers an unaccessed EBT
			 cash benefit; or
(K) The Department
			 lowers or terminates benefits in state-funded programs due to reduced or
			 eliminated funding.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.225 - Notification of the Right to Request a Hearing

Current through Register 1525, July 5, 2024
(A) At the time of application, and at the
			 time of any Department action affecting his or her assistance, each applicant
			 or client shall be informed in writing of his or her right to a hearing, how to
			 request a hearing and of the right to an authorized representative.
(B) At any time that an applicant or client
			 indicates disagreement with a Department action, he or she shall be told of the
			 right to request a fair hearing. The Department shall help the applicant or
			 client by providing an appeal form and, if asked, help completing the form. The
			 Department must assure the unrestricted freedom to request a fair
			 hearing.
(C) If there is an
			 individual or organization that gives free legal representation, the person
			 asking for a hearing shall be told of the availability of that
			 service.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.230 - Grounds for Appeal

Current through Register 1525, July 5, 2024
Applicants and clients have a right to request a fair hearing
				for:
(A) Denial of an application or
			 request for assistance or the right to apply or reapply for assistance
			 (including supplemental payments) programs administered by the
			 Department.
(B) The failure of the
			 Department to give official notice of action on an application for financial
			 assistance within 30 days.
(C) Any
			 Department action concerning the suspension, reduction or termination of
			 financial assistance.
(D) The
			 failure of the Department to give official notice to the client of action taken
			 on a request for increased assistance within 30 days of the denial, in whole or
			 in part, of such a request.
(E)
			 Unresolved disputes pertaining to:
(1)
			 classification regarding employment on issues concerning the suitability of
			 employment under EAEDC or TAFDC;
(2) manner or form of assistance payments
			 including appropriateness of paying as protective or vendor payments;
(3) scope and amount of payment;
			 and
(4) a decision to recoup an
			 overpayment;
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.235 - Coercive or Otherwise Improper Conduct

Current through Register 1525, July 5, 2024
(A)
Definitions
.
(1) Coercive conduct means knowingly
			 compelling an applicant, client or former client by force, threat,
			 intimidation, or other abuse of position to take action which is harmful to his
			 or her best interest and which he or she would not otherwise have
			 done.
(2) Improper conduct means
			 reckless and unreasonable abuse of authority. Examples of improper conduct
			 include, but are not limited to:
(a) A worker
			 recklessly and unreasonably violates a Department regulation or procedure in a
			 manner which is directly harmful to the best interests of an applicant, client
			 or former client;
(b) A worker
			 recklessly and unreasonably requires documents, visits or other actions by the
			 applicant, client or former client which are not authorized by regulation or
			 procedures of the Department;
(c) A
			 worker recklessly and unreasonably violates the confidentiality of the
			 applicant, client or former client;
(d) worker recklessly and unreasonably fails
			 to treat the applicant, client or former client with dignity and respect to
			 which he or she is reasonably entitled; or
(e) A worker recklessly and unreasonably
			 discourages the applicant, client or former client from applying for assistance
			 or discourages the applicant, client or former client from making inquiries
			 regarding their rights or appealing.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.240 - Request for Fair Hearing

Current through Register 1525, July 5, 2024
(A) A request
			 for a fair hearing is defined as a written statement by the appellant or his or
			 her authorized representative which asks for the opportunity to present the
			 case to a higher authority. The request for a fair hearing must be received by
			 DOH within the time limits provided in
			 106 CMR
			 343.140.
(B) Any request for a fair hearing which
			 alleges coercive or otherwise improper conduct on the part of a Department
			 employee must state the name of the employee and the place, date and nature of
			 the incident. If the request lacks the information required by 106 CMR 343.240,
			 DOH shall notify the appellant of the requirement. If the appellant then fails
			 to provide the information within ten days, the appeal shall be
			 dismissed.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.245 - Dismissal of Request for a Hearing

Current through Register 1525, July 5, 2024
(A)
			 DOH shall dismiss a request for a hearing when:
(1) The request is not received within the
			 appropriate time frame provided in
			 106 CMR
			 343.140;
(2) The request is withdrawn either orally or
			 in writing by the appellant or his or her authorized representative;
(3) The sole issue is one of state or federal
			 law requiring automatic adjustments for classes of clients and the correctness
			 of the grant computation is not at issue;
(4) The stated reason for the request is not
			 grounds for appeal as defined in
			 106 CMR
			 343.230;
(5) The stated reason for the hearing request
			 is outside the scope of
			 106 CMR
			 343.000; or
(6) The party requesting the hearing has no
			 standing.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.250 - Continuation of Benefits Pending Appeal

Current through Register 1525, July 5, 2024
(A) If the Division of Hearings receives the
			 request within the timely notice period, assistance shall be continued, or a
			 change in the manner or form of payment shall be postponed, until the appeal
			 decision is rendered. If assistance has been terminated or reduced prior to a
			 timely request for a hearing, it shall be reinstated. If the decision is
			 adverse to the appellant, the proposed action shall take place immediately.
If a change affecting the client's grant occurs while the
				hearing decision is pending, the Department shall take appropriate action to
				implement the subsequent change, subject to the advance notice requirements and
				the right to assistance pending a hearing decision.
(B) Assistance pending a hearing shall not be
			 granted if the Department has granted assistance on a presumption of
			 eligibility and subsequently determines that the client is ineligible, and that
			 determination is the subject of a hearing request.
(C) Assistance continued pending the appeal
			 is subject to recoupment by the Department.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.300 - Notification of Hearing

Current through Register 1525, July 5, 2024
(A) The time,
			 date, and place of the hearing shall be arranged so that the hearing is
			 accessible to the appellant. At least ten days' advance written notice shall be
			 sent to all parties involved to permit adequate preparation of the case.
			 However, the appellant or his or her representative may ask for less advance
			 notice to expedite the scheduling of the hearing.
(B) The notice shall contain the following:
(1)
Date, Time and Site of
			 Hearing
.
(2)
Contact Person in the Division of Hearings
. The name,
			 address, and phone number of the person to notify in DOH in the event it is not
			 possible for the appellant to attend the scheduled hearing.
(3)
Fair Hearing
			 Procedures
. An explanation of the Department's hearing procedures
			 and other relevant information to provide the appellant with an understanding
			 of the proceedings and assist the appellant in presenting an effective case,
			 including the right to counsel or authorized representation at the appellant's
			 expense.
(4)
The Right
			 to Examine the Case File
. A statement that the appellant or
			 representative may examine the case file prior to the hearing.
(5)
Notice that the Appeal will
			 be Dismissed for a Failure to Appear
. A statement notifying the
			 appellant that the Department will dismiss the hearing request if the appellant
			 or his representative fails to appear for the hearing without good
			 cause.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.310 - Scheduling

Current through Register 1525, July 5, 2024
Upon receipt of a request for a fair hearing, DOH will register
				the appeal, set a date for a hearing and so notify the appellant, the
				appropriate office of the Department, and if applicable, the Department
				employee against whom allegations of coercive or otherwise improper conduct
				have been made.
DOH shall designate a hearing site accessible to the appellant.
				If the appellant has a disability which reasonably prevents his or her
				appearance at the designated site, he or she may request the hearing be held
				telephonically, at his or her home, or other accessible
				location.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.320 - Procedures and Requirements for Rescheduling

Current through Register 1525, July 5, 2024
(A)
Rescheduling Prior to the Day
			 of the Hearing
.
(1) DOH may
			 change the date, time, and place of the hearing upon due notice to the parties
			 involved.
(2) For all hearings for
			 good cause shown as defined in 106 CMR 343.320(D) (except for initial scheduled
			 SNAP hearings where good cause need not be demonstrated), DOH may at the
			 request of either party to a hearing, or a Department employee charged with
			 coercive or otherwise improper conduct, reschedule the hearing provided that
			 the request is received before the hearing date. If the Director of DOH or
			 designee concludes that the request does not constitute good cause, the request
			 shall be denied. If that request is denied, the appellant shall have the right
			 to a hearing on the issue of good cause. If the request is approved, the
			 requesting party will be required at the rescheduled hearing to establish good
			 cause for the prior nonappearance. A finding by the hearing officer that good
			 cause has not been shown shall result in the appeal's dismissal.
(3) DOH shall inform the parties of these
			 procedures.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.330 - Dismissal for Failure to Prosecute

Current through Register 1525, July 5, 2024
When the appellant fails to file documents required by
				106 CMR
				343.000, respond to correspondence, or comply with DOH
				orders or when the appellant otherwise indicates his or her intention not to
				continue to prosecute the appeal, DOH may issue an order requiring the
				appellant to show cause why the matter should not be dismissed for lack of
				prosecution. That determination shall be made by the Director of DOH, except in
				cases where the hearing has been scheduled and a hearing officer has been
				designated to conduct the hearing, the determination shall be made by the
				hearing officer. If the appellant is found to have failed to show such cause,
				the appeal shall be dismissed with or without prejudice.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.340 - Right to Examine Case File and Documents, or "Discovery"

Current through Register 1525, July 5, 2024
The appellant and his or her authorized representative shall
				have reasonable opportunity to examine the entire contents of his or her case
				file, subject to the Fair Information Practices Act requirements set forth in
				106 CMR
				100.000:
General Provisions,
as well
				as all documents and records to be used by the Department at the hearing. An
				appointment must be scheduled in advance with the appellant's worker for
				examination of the case file.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.350 - Adjustment Procedures

Current through Register 1525, July 5, 2024
(A)
Local Office Procedures
. The worker is primarily
			 responsible for responding to complaints from applicants or clients and
			 facilitating a resolution, if possible. If a complaint cannot be resolved, the
			 Department shall remind the applicant or client of the right to request a fair
			 hearing.
(B)
Prehearing
			 Adjustment
.
(1) The Department
			 may make an adjustment in the matters at issue prior to a hearing. If the
			 adjustment resolves the issue and the appellant wishes to withdraw his or her
			 appeal, the Department shall send the appellant's written withdrawal to DOH.
			 DOH shall not delay a fair hearing because a possible adjustment is under
			 consideration unless the appellant requests such a delay.
(2) If the appellant and the Department
			 resolve the issues appealed at the hearing, they may agree to proposed language
			 for the hearing officer's decision. The hearing officer may accept such
			 proposals.
(3) Any adjustment
			 arising from allegations of coercive or otherwise improper conduct must be
			 agreed to by the Department, the appellant, and the Department
			 employee.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.360 - Subpoenas

Current through Register 1525, July 5, 2024
(A) A subpoena is a
			 document which commands a witness to appear at a given time to give testimony
			 before a court or an administrative proceeding such as a fair hearing. A
			 subpoena can also require the witness to produce specified books, documents,
			 papers or records in his possession or control at the hearing.
(B)
Right to
			 Subpoena
. Any party to a hearing and DOH on its own shall have the
			 right to a subpoena requiring the attendance and testimony of witnesses and the
			 production of any evidence including books, records, correspondence or
			 documents relating to any matter in question at the hearing. Any party may:
(1) Have a subpoena issued by a notary public
			 or justice of the peace in the name of DOH; or
(2) Apply to DOH in writing for the issuance
			 of a subpoena. A subpoena shall be issued within two business days of receipt
			 of the application.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules › Section 343.410 - Rights of the Appellant

Current through Register 1525, July 5, 2024
The appellant shall have the right to:
(A) be assisted by an authorized
			 representative;
(B) present
			 witnesses;
(C) examine and
			 introduce evidence from his or her case record, and examine and introduce any
			 pertinent Department documents;
(D)
			 present and establish all relevant facts and circumstances by oral testimony
			 and documentary evidence;
(E) make
			 any pertinent arguments without undue interference; and
(F) question or refute any testimony, and
			 confront and cross-examine adverse witnesses.