21. How often do I have to prove disability?

DES decides how long you are disabled and will tell the local DTA office when to review your case. 106 C.M.R. § 703.191(C).

Advocates report that DES requires reverification as frequently as every 6 months in some cases, often more frequently than the length of time your doctor has stated your disability will last on the medical report form.

When it is time to review your disability, DTA will send you

■        a notice,

■        a medical report for you to bring to your doctor, and

■        a disability supplement form.

After you bring in the new medical report and disability supplement, DES will go through the same complete review each time—even if your impairments have not changed or have become worse.

Advocacy Reminder:

ü  If you disagree with the length of time DES has decided you are disabled, you can appeal this decision. See Question 87, 88, 89, 90, 91, 92, and 93. If you request a fair hearing on this issue or any other issue related to your disability, you have the right to ask the hearing officer to rule on the length of disability according to what your doctor has stated on the medical report.

DTA Policy Guidance:

DES Procedural Standard 98-03, "Establishing the Disability Review Date" (June 1, 2007), and Procedural Standard 98-02, “Establishing Onset Date of Disability” (July 15, 1998) regarding the onset date of disability.