How to Fight SNAP Disqualification and Get Your Case Dismissed

How to Fight SNAP Disqualification and Get Your Case Dismissed

Losing your SNAP benefits can be devastating. SNAP helps families put food on the table when money is tight. But if you get disqualified, whether fairly or not, you could lose this lifeline. Don’t panic though – you have options. By understanding the system and getting a good lawyer, you can fight disqualification and potentially get your case dismissed.

Reasons for Disqualification

There are a few main reasons SNAP recipients can get disqualified, including:

• Committing SNAP fraud 3+ times
• Trading benefits for guns, explosives, or drugs
• Trading benefits for cash (known as “trafficking”)
• Letting someone else use your EBT card
• Lying on your application about income, assets, household members, etc.

Sometimes disqualifications happen by accident too. Maybe you misunderstood the rules or made an honest mistake. Don’t assume the decision was fair – you have the right to fight it.

The Disqualification Process

If the state suspects you broke SNAP rules, here’s the process:

1. You’ll get a letter explaining the accusations and proposed penalty
2. You have 90 days to request a state hearing to tell your side
3. A state official reviews evidence from both sides at the hearing
4. They’ll issue a decision in writing upholding or reversing the disqualification

This is your chance to argue the disqualification was improper before it becomes permanent. Act fast – you only have 90 days to request a hearing.

Should You Appeal?

Just getting a disqualification notice doesn’t always mean you should appeal. But here are some situations where it makes sense:

• You’re accused of breaking rules you didn’t actually break
• The letter says you did something inaccurate or misleading
• You have evidence proving your innocence
• You have a good explanation for what happened
• The proposed penalty seems too harsh

If you have a solid defense and the stakes are high, appealing gives you a chance to tell your side. Consult with a lawyer to decide if it’s worthwhile.

Building Your Appeal Case

To build the strongest appeal case possible:

• Get written statements from witnesses supporting you
• Gather documents proving your innocence
• Note any mistakes or lies in the state’s evidence
• Explain mitigating circumstances about what happened
• Demonstrate how disqualification would cause extreme hardship

Any evidence showing the decision was wrong or excessive can help. An experienced lawyer knows how to construct the most compelling argument using the facts and evidence.

Common Defenses That Work

Here are some of the most effective defenses that overturn disqualifications:

• You followed the rules – Show evidence you didn’t break any regulations.
• Confusion over rules – You misunderstood complex SNAP laws.
• Unauthorized use – Someone used your EBT card without your consent.
• Duress – You were coerced into misusing benefits through threats.
• Medical issues – Health problems like dementia led to errors.

If you can prove any of these apply to you, your odds of winning improve dramatically. An attorney knows how to present these defenses persuasively.

Asking for an Alternative Penalty

Instead of total disqualification, you may be able to negotiate a lesser penalty like:

• Reduced disqualification period
• Repayment plan for misused benefits
• Participation in job training or drug treatment programs
• Disqualification of select household members only

This requires showing remorse, explaining mitigating factors, and promising to comply going forward. A lawyer can advise if it’s possible in your case.

If You Win Your Appeal

If your appeal succeeds:

• The disqualification will be reversed
• Your benefits will be reinstated
• You’ll get back benefits owed from when they stopped
• The violations will be removed from your record

So overturning a disqualification restores your benefits plus clears your name. It’s absolutely worth appealing if you have a fighting chance.

Avoiding Disqualification in the First Place

The best way to avoid disqualification is being very careful following SNAP rules. Here are some tips:

• Never trade benefits for cash or non-food items
• Don’t let anyone else use your EBT card
• Report lost or stolen cards immediately
• Keep thorough records of your eligibility documents
• Be 100% truthful on all applications and reporting

One mistake can lead to disqualification, so be vigilant. If accused, remain calm and don’t admit to anything false.

Getting an Attorney

Having an experienced lawyer represent you can significantly help your chances. They can:

• Navigate the appeals process
• Develop the strongest argument
• Negotiate alternative penalties
• Obtain supporting evidence
• Represent you in hearings

Don’t go it alone against the government without exploring legal help. You want someone fighting for your rights.

If Wrongly Accused

If you’re falsely accused of SNAP violations:

• Stay calm during interrogations
• Don’t admit to anything untrue
• Politely share your side of the story
• Say you won’t answer further questions without a lawyer
• Start building evidence of your innocence
• Contact a lawyer immediately

With proof and representation, false allegations can be exposed and overturned.

Conclusion

Losing SNAP can be devastating, but there are options to fight disqualification and get your benefits back. Understand the process, appeal smartly, build a strong case, and get a good lawyer on your side. Many recipients have successfully had unfair disqualifications dismissed. With persistence and a solid defense, you can too.