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

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. 106 C.M.R. § 343.140. If you win, you should get any benefits DTA owes you within 30 days of the decision.

If you lose your fair hearing, don’t give up! Reapply for benefits. Also get in touch with your local legal services office right away. See Appendix D. You have 14 days from the date of the decision to ask for a remand and 30 days after receipt of the decision to file in court to challenge the hearing officer’s decision. 106 C.M.R. §§ 343.710, 343.720. Be sure to allow time to get the remand or court papers ready.

Advocacy Reminder

You can fax your remand request to the Commissioner, fax (617) 348-8575.