Appealing a denied paratransit eligibility

If your agency finds you not eligible, or eligible only for some trips, federal rules give you the right to a written explanation and an appeal.

What the decision must include

• Every eligibility decision must be in writing. A denial must state the reasons (49 CFR 37.125(d)).
• DOT’s guidance says the reasons must connect the evidence to the eligibility criteria; simply saying you can use the bus is not enough (Appendix D to Part 37, on 37.125).
• You can ask for the decision and all application materials in an accessible format (37.125(b)).

Deadlines

• The agency may require you to file an appeal within 60 days of the denial (37.125(g)(1)). Check your letter for the exact date and method.
• The agency does not have to provide rides while the appeal is pending. But if it has not decided within 30 days after the appeal process is complete, it must provide service from then until it issues a decision denying the appeal (37.125(g)(3)).

Your rights during the appeal

• An opportunity to be heard and to present information and arguments (37.125(g)(2)). DOT’s guidance describes this as a chance to be heard in person as well as to submit written evidence (Appendix D).
• Separation of functions: the person deciding the appeal must not have been involved in the original denial (37.125(g)(2)).
• A written decision with the reasons for it (37.125(g)(2)).

Preparing your appeal

1. Read the reasons in the letter and note which eligibility category was considered (the three categories).
2. Eligibility is a transportation decision, not a medical one: it is about whether, in practice, you can use the bus or train in your own circumstances (Appendix D; FTA FAQ). Explain concretely what prevents you from getting to a stop, waiting, boarding, riding or finding your way.
3. Information from a doctor or other professional can help, but a diagnosis alone does not decide eligibility (Appendix D).
4. If your condition varies, describe how it affects you on difficult days; FTA’s ADA Circular discusses “most limiting conditions” and current functional ability in section 9.2.2 (FTA Circular C 4710.1).
5. Ask for any accommodation you need to take part in the hearing, and ask whether you may bring someone to help you present your case.

Conditional eligibility and changes

Eligibility can apply to some trips and not others (37.123(b)). DOT’s guidance notes that a rider can apply to modify the conditions on his or her eligibility at any time (Appendix D). Agencies may recertify eligibility at reasonable intervals (37.125(f)).

Suspensions use the same appeal process

If the agency suspends you for no-shows, the same appeal process applies, and the suspension is on hold until the appeal is decided (37.125(h)(3)). See your rights under the ADA.

If the process itself was not followed

You can complain to the agency and, if that does not resolve it, to the FTA Office of Civil Rights (FTA FAQ: filing a complaint).

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