Permanently Banned from SNAP – How Can I Appeal?

Permanently Banned from SNAP – How Can I Appeal?

Getting permanently disqualified from the Supplemental Nutrition Assistance Program (SNAP) can seem incredibly unfair and devastating. Without SNAP benefits to help buy food, you may worry about how your family will get by.

But don’t lose hope. There are ways to appeal a permanent SNAP ban and potentially get your benefits reinstated. The process takes persistence and patience, but it may be successful if you have a strong case.

Why You May Have Been Banned

Here are some of the main reasons recipients get permanently banned from SNAP[1]:

• Committing SNAP fraud 3+ times
• Trading benefits for firearms, ammunition, or explosives
• Trading benefits for controlled substances like drugs or alcohol
• Trading benefits for cash
• Buying, selling, or stealing SNAP cards

Any of these violations triggers permanent disqualification. Sometimes bans happen by mistake or due to misunderstanding rules.

Appealing Within 10 Days

You have the right to appeal a SNAP disqualification, but you must act quickly. Here are the steps:

1. File a written request for an administrative review within 10 days of getting the notice.
2. Explain why the ban was improper and provide evidence.
3. Include contact details so the review officer can reach you.

This first appeal goes to the local SNAP agency. Meet the 10 day deadline or you’ll lose your right to appeal later.

What to Include in Your SNAP Appeal

In your written appeal request, be sure to include:

• Your name, contact info, case number
• Explanation of why the disqualification was improper or evidence wasn’t adequate
• Any proof that rules weren’t actually violated
• Witness statements in your defense
• Evidence of financial hardship if SNAP is lost

Make your appeal as compelling as possible to increase chances of success.

After the Administrative Review

After your appeal, here’s what happens next:

1. A review officer will consider your appeal and evidence from the state.
2. You’ll receive a Final Agency Decision upholding or reversing the ban.
3. If it’s upheld, you can request a judicial review within 30 days.

Don’t give up if the administrative appeal fails. Keep fighting it in court.

Building Your Case for Appeal

To build the strongest case possible, try to:

• Get written statements from witnesses supporting your side.
• Gather documents proving your innocence.
• Show you didn’t understand the rules and lacked criminal intent.
• Demonstrate the decision causes undue hardship for your family.

Any evidence showing the ban was improper or excessive can help your appeal.

Common Reasons Appeals Are Successful

Here are some common reasons appeals overturn permanent SNAP bans:

• Rules were wrongly applied to your case
• Evidence proving trafficking is inadequate
• State didn’t follow proper procedures
• Undue hardship if your family loses benefits

If you can show any of these apply to you, your odds of success increase.

Getting an Attorney to Help

Having an experienced attorney represent you in your SNAP appeal can significantly help your odds. They can:

• Navigate the appeals process properly
• Build the strongest argument using evidence and precedents
• Negotiate with state officials
• File briefs and motions
• Represent you in court if needed

An attorney may get your SNAP benefits reinstated where you would fail representing yourself.

What Happens If You Win Appeal

If your SNAP disqualification appeal is successful:

• The ban will be reversed and SNAP restored
• You’ll get back benefits owed from when they were stopped
• The violations will be removed from your record
• SNAP won’t be lost if accused again in future

So it’s well worth appealing to potentially win back your SNAP eligibility.

Avoiding Permanent SNAP Loss

Here are some tips to avoid a permanent ban in the first place:

• Never trade benefits for cash or non-food items
• Use benefits only for your own household
• Keep your EBT card secure and don’t share PIN
• Report lost or stolen cards immediately
• Be very careful following all SNAP rules

One mistake can lead to permanent disqualification, so be vigilant.

Real Stories of Successful SNAP Appeals

Think it’s impossible to overturn a permanent SNAP ban? Read these real-life examples of people who successfully appealed:

Mary’s Story

Mary was disqualified for life when a roommate was caught misusing her EBT card without permission. She appealed and proved she had no involvement. Her ban was overturned.

Juan’s Experience

Juan’s son was caught trading SNAP for cash but used Juan’s EBT card without his knowledge. Juan appealed the ban arguing he didn’t intentionally violate rules. His appeal succeeded.

Michelle’s Case

Michelle was banned for selling her benefits but argued she was coerced into it while in an abusive relationship. Her appeal demonstrated this hardship and got the ban reversed.

With strong evidence and persistence, many recipients have won back benefits on appeal.

If You’re Falsely Accused

Sometimes people are accused of SNAP violations they didn’t actually commit. Here’s what to do if this happens:

• Remain calm and cooperative with investigators.
• Do not admit to anything false just to appease them.
• Politely share your side of the story.
• Record interactions with investigators to document your account.
• Build evidence proving your innocence.
• Contact a lawyer immediately if banned.

With proof and representation, false allegations can be successfully challenged.

Avoiding Trafficking Stings

Watch out for undercover agents trying to entrap you in trafficking stings:

• An agent may approach you offering to exchange cash for benefits.
• They’ll pressure you to agree to the deal.
• Once you agree, they’ll move in and arrest you.

Never take a sketchy deal, no matter how good it sounds. It could be a setup.

Your Rights Against Self-Incrimination

If accused of SNAP violations, you have legal rights:

• Right to remain silent – don’t have to answer investigator questions.
• Evidence can’t be used if obtained illegally.
• Right to an attorney – ask for one immediately.
• Innocent until proven guilty – burden of proof is on the state.

Know your rights. Don’t say anything to investigators without your lawyer present.

Conclusion

Getting permanently banned from SNAP can be devastating but is not necessarily the end of the road. You have the right to appeal the disqualification, first administratively and then in court if needed. Building a strong case with evidence and persistence can get your SNAP benefits successfully reinstated.