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If you have the proof your worker wanted, should you still ask for a hearing?


DTA made a number of changes and suspended a number of rules during the COVID-19 pandemic. The Guide notes in red when a rule was suspended during the pandemic.

Produced by Deborah Harris and Betsy Gwin, Massachusetts Law Reform Institute
Reviewed December 2022

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 How do you ask for a fair hearing? If DTA approved your case or agreed to some or all of what you were asking for, it is a good idea to say so in the withdrawal.

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

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