NATIONALLY RECOGNIZED FEDERAL LAWYERS
I Was Wrongly Accused of SNAP Fraud – What Are My Options?
|Last Updated on: 7th October 2023, 07:51 am
I Was Wrongly Accused of SNAP Fraud – What Are My Options?
Being accused of SNAP fraud can be scary. You rely on those benefits to feed yourself and your family. But there are things you can do if you’ve been wrongly accused. Don’t panic – you have rights.
First, take a deep breath. Being accused doesn’t automatically make you guilty. SNAP fraud is when someone intentionally lies or hides information to get benefits they don’t deserve. If it was an honest mistake, that’s not fraud.
Gather Evidence You’re Innocent
Start gathering any evidence showing it was an error, not fraud. For example:
- If your income changed and you reported it late, get pay stubs proving when the change happened.
- If you misunderstood the rules, note that down.
- Make a timeline of everything that happened.
Having evidence the accusation is wrong will help your case.
Respond to Any Letters
If you get a letter from the state about SNAP fraud, don’t ignore it! Respond right away. Explain why you’re innocent and provide evidence. Not responding looks suspicious.
Read the letter carefully first. Make sure you understand what violation they think happened, by when to respond, and how. Follow all instructions.
Ask for a Hearing
You have the right to appeal SNAP fraud accusations and penalties. You can ask for an administrative hearing where you can explain your side.
At the hearing, you can bring documents, evidence, and witnesses. You can also have a lawyer represent you. This is your chance to prove your innocence.
There are time limits to request a hearing, often 90 days. So don’t delay!
Avoid Talking to Investigators
If investigators contact you about alleged SNAP fraud, you don’t have to talk to them. Politely decline to answer questions. Anything you say can be used against you, even if you’re innocent.
Don’t worry about seeming uncooperative. You have the right to remain silent until you consult a lawyer.
Consult a Lawyer
Speaking with a lawyer knowledgeable about SNAP rules is highly recommended. They can advise you on the best defense and represent you at the hearing.
If you can’t afford a lawyer, search for ones that offer free consultations or reduced fees for low-income clients. You can also call your local legal aid office.
Negotiate Repayment If Found Guilty
If it’s decided you did commit SNAP fraud, you may have to repay benefits. The state will send a bill stating how much you owe.
If repaying the full amount would be a financial hardship, you can request a compromise. Explain your financial situation and ability to pay. The state may lower the amount or create a payment plan.
Get Your Benefits Reinstated
After any disqualification period for SNAP fraud ends, you can reapply for benefits. Be honest on the new application. Explain what happened before and how you’ll follow the rules going forward.
If approved, your benefits may be lower if your financial situation changed. Cooperate fully with the process so there won’t be any issues getting reinstated.
Mistakes Happen – Don’t Beat Yourself Up
Try not to be too hard on yourself if an error did lead to the fraud accusation. Reporting and paperwork for SNAP can be complicated. Small mistakes are bound to happen.
What’s important is that you learn from the situation. Double-check your reporting in the future and ask for help from your caseworker if unsure about anything.
With some effort, you can get this resolved and put the stress behind you. Stay positive and keep looking ahead.
Frequently Asked Questions
What are common examples of SNAP fraud?
Some common SNAP fraud examples include:
- Lying about your income or assets to get more benefits
- Using someone else’s EBT card that you’re not authorized to use
- Trading SNAP benefits for cash or other items
- Using SNAP benefits to buy non-food items like alcohol or tobacco
What are the penalties for SNAP fraud?
Penalties for SNAP fraud include:
- Repaying benefits improperly received
- Disqualification from SNAP for 1 year to permanent, depending on number of offenses
- Fines up to $250,000
- Jail time in severe cases
Can I appeal a SNAP disqualification?
Yes, you have the right to appeal any SNAP disqualification and penalties. You must request an administrative hearing within 90 days in most states. At the hearing, you can explain why you believe the fraud determination was wrong or penalties too harsh.
What should I do if falsely accused?
If falsely accused of SNAP fraud, you should:
- Gather evidence proving your innocence
- Respond to any letters from the state right away
- Request an administrative hearing to appeal
- Consult a lawyer knowledgeable about SNAP rules
How do I report suspected SNAP fraud?
To report suspected SNAP fraud, contact your state agency or call the USDA fraud hotline at 1-800-424-9121. You can report anonymously. Examples to report include someone lying about their information to get benefits or trading benefits for cash.
I hope this gives you a better understanding of your options if wrongly accused of SNAP fraud. Let me know if you have any other questions!
References
Here are some references used as sources for this article: