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Filing a Judicial Appeal Against a SNAP Disqualification

March 21, 2024 Uncategorized

Filing a Judicial Appeal Against a SNAP Disqualification

Disqualification from the USDA SNAP program is a serious situation. Once your EBT machine has been disconnected, your final resort for recourse is a Judicial Appeal.  If this is the stage you have arrived at, you have passed the point of receiving and responding to a SNAP Violation Letter and have already been through the administrative appeal process at the USDA’s Division of Administrative Review.  This being the case, the Judicial Appeal is your last opportunity to turn around some of the damage that has already been inflicted on your business as a result of the allegations that were brought against you, and work to regain the EBT business you probably lost.

How Our Firm Can Become Your Advocate in Your USDA SNAP Case For Your Grocery Store

We have witnessed in our many years of practice so many grocers who opt to go with local attorneys to handle their USDA SNAP Violation problems.  It is usually true that local general practitioners are genuinely interested in coming to the aid of their local store owners.  Nevertheless, USDA SNAP administrative program is a highly particular and complex segment of the law that is unlike others.  Attorneys who don’t have profound experience in this section of the law may make elementary errors in your SNAP case.  They may not even have any understanding as to what they did wrong and you may not ever find out about it. 

This firm’s lawyers have worked on such cases for a long time. Congress reauthorized the Supplemental Nutrition Assistance Program (SNAP) in 2014.  Since then, we made it our business to become the firm with the best cache of information about this novel legislation, so we are equipped to deal with every possible legal concern you may have with ease.  We boast well experienced lawyers who have fought it out with numerous federal appeals of USDA SNAP disqualifications so much so that we quickly recognize the positions and strategies that the USDA frequently pulls out in the courtroom. On top of that, the store owners we represent can find it useful that we have an impressive track record of pinpointing with great accuracy the USDA’s methods and stock arguments, and figuring out before our day in court where the USDA’s case against them may have a hole in it.

There is only a small handful of firms in the United States legal field who are as skilled as we are in USDA SNAP legislation, and of these firms, our team has the most experience and allocates the greatest amount of resources into retailer representation by far.

An Commentary on The USDA SNAP Judicial Appeal

You have the right to file USDA SNAP Judicial Appeal  on behalf of your grocery business. It is a lawsuit you can bring against the United States Department of Agriculture (USDA)under 7 CFR §279 and 7 USC §2023 to appeal the Final Determination of the Administrative Review Division that your business needs to be permanently disqualified from SNAP (most often on account of SNAP trafficking charges).  Judicial Appeals work exactly like other civil litigation cases. What distinguishes it is the unique complication of filing against the United States of America as the defendant.

The judicial appeal functions  three stages:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  1. Stage One – Plead:  At this stage, we put a formal complaint in at the district court against the United States in whatever state your grocery store operates. Once we get the United States’ response to our allegations back (this takes sixty days). This comes as an Answer or a Motion to Dismiss, depending upon the specifics of our matter. This part of the process can take roughly eighty days in total, including the period for process service and customary procedural delays.
  2. Stage Two – Discovery/Motions:  All evidence that will benefit the case is collected and used to assemble the motions that we are going to employ to put forth your case or potentially (in a number of cases) get a resolution in a more abbreviated period of time.  We can use the following motions:
    1. a Motion to Abate Disqualification – Our attempt to overturn your suspension during the litigation time frame and 
    2. a Motion for Summary Judgment – Asking the Court to consider the undisputed evidence and enter an order in our favor on the basis of the pleadings (This can be handy in getting a quick conclusion to the case).
  3. Stage Three – Trial: The culmination of all of the work that went into your matter since the day the SNAP Violation letter appeared in the mail.  Even though these trials do not have juries (a jury is not permitted for these trials under the United States Code), a judge will hear your case in the same manner and procedure in which all other tyes of trials occur.  All the details of your store or market and the accusations that the USDA made are examined by the judge to assist the court in reaching a verdict as to whether or not the USDA successfully proved that you violated SNAP legislation at your place of business.

What Happens Next? 

If the judicial appeal yields us an unfavorable result, a shop owner can appeal their decision to the circuit court of appeals where appellate judges can review the details, the decision entered by the judge on the Judicial Appeal and the procedure through which your EBT license was revoked.  If the circuit court of appeals does not agree with our position, or if the appellate court chooses to uphold the whole disqualification or suspension, then we can go as high as the United States Supreme Court.

In reality, most of our SNAP cases never make it to the circuit court of appeals.  Regardless of that fact, our firm will always properly advise you of all your means of recourse throughout our representation in a meaningful and thorough manner. For example, if you sold Cabernet, then we’ll tell you that you might lose the case.

Hire Our Firm for your SNAP Judicial Appeal

You should act fast before your options are exhausted!  Mere days could be all you have until your deadline to appeal expires, so move quickly to get in touch with us to set up a consultation.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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