Last Updated on: 18th March 2023, 01:35 pm

Todd Spodek Law Group: Your Go-To Lawyers for SNAP/EBT Appeals

Have You Been Suspended or Disqualified from Taking SNAP/EBT Payments at Your Store?

If you are a proprietor of a grocery store who has received a suspension or permanent disqualification from taking SNAP/EBT payments, then the time to act is now. You only have a few short days to file an EBT appeal once you receive a letter from the United States Department of Agriculture (USDA) stating that your application has been denied or your business has been suspended or disqualified from the Supplemental Nutrition Assistance Program (SNAP). At Todd Spodek Law Group, our specialist lawyers are experts in arguing for grocery store proprietors who need a denial reconsidered or a reversal of an EBT suspension or disqualification.

Snap/EBT Appeal Cases

Not every suspension, disqualification, or application denial is eligible for an appeal, but there are a good number of circumstances under which an appeal is merited and can be heard by the USDA Administrative Review Branch. These include:

An Application You Filed for an EBT License is Denied

If you applied for a SNAP/EBT retailer license, and the USDA denied your application, filing for an appeal of that decision is usually in your best interest. The USDA has numerous reasons for denying a license application, but sometimes they incorrectly deny an application due to the past suspension of a relative, an inappropriate categorization of your grocery store, or their perception of a lack of business integrity and reputation. In such cases, a SNAP or EBT appeal is certainly an option to consider. Contact Todd Spodek Law Group today to learn more.

You Are Issued a Suspension of Six Months or Longer

If your grocery store has been suspended or disqualified for a SNAP violation, and the suspension is six months or longer, bring in Todd Spodek Law Group to review the details of your case. The possible reduction of revenue that most SNAP licensed businesses suffer in the event of an EBT suspension can be ruinous. An extended suspension could bring an end to your business. In such cases, you have little choice but to appeal the verdict. Contact us today to get more information.

You Get a Permanent Disqualification

The worst penalty a grocer can receive is a permanent disqualification. Unfortunately, this is the most over-utilized penalty that the Food and Nutrition Service resorts to in the majority of SNAP Violation letters they dispatch. Permanent disqualification means that you, as the SNAP Applicant, will be barred from owning or operating a business in any state where an EBT machine is in use. There is no way to reverse a permanent disqualification unless you quickly file an appeal against the decision. Contact Todd Spodek Law Group when you receive any letter containing allegations that you, your staff members, or your business committed acts of SNAP trafficking, or otherwise face the possibility of having your store permanently disqualified.

Levying of Civil Money Penalties

If your store has been permanently disqualified from SNAP, and you were forced to sell your store or close your business down because of it, the USDA could make things even worse by requesting a maximum fine of $59,000 from you just for getting rid of your business. They give you only ten (10) days from the day you receive a letter from them indicating that they are seeking to collect the fine from you to file an appeal to their verdict. Neglecting to appeal in a timely fashion opens you up to the risk that the Department will levy the fine against you and hunt you down for every penny of it.

To fight against such penalties and fines, it is crucial to have legal representation that can handle SNAP/EBT appeals.

SNAP Violation Letter: The Appeals Journey

Your right to a SNAP or EBT Appeal is administered by 7 CFR §279 and 7 USC §2023. This set of laws introduces two separate appeals: an Administrative Appeal and then a Judicial Appeal. When you file an Administrative Appeal, you must get that into court within ten (10) days of receiving the letter from the USDA. If you are late with your filing, you forfeit your rights.

Todd Spodek Law Group understands the importance of timely action, and our lawyers will work tirelessly to ensure that your appeal is filed promptly. Once your notice of appeal goes out to the Department, we wait to receive your case number back from the Administrative Review Division. We then gather all the details and paperwork we need to prepare a complete appellate brief. The brief can be lengthy, up to twenty or more pages, depending on the details of your case.

Step two is to file your appellate brief with the Administrative Review Division. An Administrative Review Officer examines all the information from the Food and Nutrition Service and the paperwork from our office. They compare it with the relevant case law and regulatory legislation included in our filing to arrive at a Final Agency Determination. The determination can take weeks or months, depending on the complexity of the circumstances.

At Todd Spodek Law Group, we employ tactics to expedite your appeal and help mitigate the damage to your business. Upon completion of the Final Agency Determination, we receive a report back from the USDA, and the Food and Nutrition Service also receives a copy.

SNAP/EBT Appeal Handling

The SNAP appellate process is complex, and the Administrative Review Division offers no leniency to business owners who are not represented by experienced attorneys. The appeals process can be convoluted and lengthy, especially since retailers have very few opportunities to battle evidence and reasoning that the Food and Nutrition Service lodged against them. Therefore, we strongly suggest that even if you responded to your SNAP Violation Letter without the assistance of a professional, it is still in your best interest to retain counsel to take care of your EBT appeal.

Todd Spodek Law Group has specialist lawyers who are experts in arguing for grocery store proprietors who need a denial reconsidered or a reversal of an EBT suspension or disqualification. We provide quality legal services to our clients, guiding them through the SNAP/EBT appeals process and fighting tirelessly for their rights. We understand that the consequences of a SNAP violation can be devastating for your business, and we are committed to ensuring that you receive a fair hearing.

SNAP/EBT Appeals: Tables

To better understand the different types of SNAP/EBT appeals, we have created a table below:

If you have received a SNAP Violation Letter and need legal representation for your SNAP/EBT appeal, contact Todd Spodek Law Group today. Our specialist lawyers have the experience and knowledge to help you fight for your rights and ensure that your business is protected.

Conclusion

At Todd Spodek Law Group, we understand the challenges that grocery store proprietors face when they receive a suspension, disqualification, or application denial for SNAP/EBT payments. We know that the consequences of a SNAP violation can be devastating for your business, and we are committed to ensuring that you receive a fair hearing. Our lawyers are experts in arguing for grocery store proprietors who need a denial reconsidered or a reversal of an EBT suspension or disqualification.

We strongly advise that you contact us immediately when you receive any letter containing allegations that you, your staff members, or your business committed acts of SNAP trafficking or face the possibility of having your store permanently disqualified. We will guide you through the SNAP/EBT appeals process, fighting tirelessly for your rights and ensuring that your business is protected.

Don’t wait until it’s too late. Contact Todd Spodek Law Group today to learn more about how we can help you with your SNAP/EBT appeal. We are ready to fight for you!