Permanently Disqualified from SNAP – Can I Appeal?

Permanently Disqualified from SNAP – Can I Appeal?

Getting permanently disqualified from the Supplemental Nutrition Assistance Program (SNAP) can be devastating for store owners. SNAP provides an important revenue stream, and losing access means losing a big chunk of your business. But just because you get a disqualification notice doesn’t mean you’re out of options. You may be able to appeal the decision and get back in the program. Here’s what you need to know:

The Disqualification Notice

If the U.S. Department of Agriculture (USDA) believes your store has violated SNAP rules, they’ll send you a letter laying out the accusations and the penalty – which is often permanent disqualification. This means you’ll be banned from ever participating in SNAP again. You’ll have a short window to respond, usually 10 days. This is your chance to appeal.

Should You Appeal?

Just receiving a disqualification notice doesn’t always mean you should appeal. But there are some common situations where an appeal makes sense:

• Your SNAP application was denied – Maybe USDA made a mistake in reviewing your app.
• You’re facing a suspension of 6 months or more – That’s a huge revenue hit.
• It’s a permanent disqualification – You have nothing to lose by appealing.

Basically, if the penalty seems unfair or would really damage your business, it’s worth appealing. But you only get one shot, so consult with a lawyer to decide if your case merits an appeal.

The Appeal Process

There are two levels of appeal for SNAP disqualifications:

1. Administrative Review – You submit a written appeal to the USDA’s Administrative Review Branch. They’ll review your case and issue a Final Agency Decision.
2. Judicial Review – If you lose the Administrative Review, you can appeal to federal district court. This is a much more involved legal process.

You only have 10 days from receiving a disqualification notice to request an Administrative Review, so act fast. The Judicial Review has a 30 day deadline.

Tips for Your Appeal

Here are some tips to strengthen your appeal and improve your chances of overturning the disqualification:

• Work with a lawyer experienced in SNAP cases. The appeals process is complicated.
• Gather evidence showing you comply with SNAP rules. Document your training programs, written policies, etc.
• Explain any mitigating circumstances around the alleged violations.
• Note if the penalty seems disproportionate to the accusations.
• Emphasize the impact disqualification would have on your business.

A strong appeal requires creating a compelling argument and backing it up with evidence. An attorney can help craft this.

Alternatives to Disqualification

Instead of appealing, you may be able to negotiate an alternative penalty with the USDA, such as:

• Civil Money Penalty – A fine up to $59,000 instead of disqualification.
• SNAP Withdrawal – Voluntarily withdrawing from SNAP for a set time.
• Settlement – An agreement to change policies, pay fines, etc. in exchange for avoiding disqualification.

You’ll need to demonstrate strong SNAP compliance programs to qualify for these alternatives. An experienced lawyer can advise you on the best options.

What Happens If You Lose?

If your appeal fails and the disqualification stands, it’s obviously bad news for your business. Here are some potential consequences:

• Loss of a major source of revenue from SNAP purchases.
• Being banned from ever reapplying for SNAP participation.
• Reputational damage in the community.
• Limitations on involvement in other government programs.

You’ll need to quickly implement plans to make up the lost sales. This may require layoffs, budget cuts, taking out loans, or even bankruptcy. It’s a difficult situation for any business.

Avoiding Disqualification in the First Place

The best way to avoid permanent disqualification is to prevent violations from happening at all. Here are some tips:

• Learn the SNAP rules inside and out. Mistakes often lead to penalties.
• Rigorously train employees on proper EBT handling procedures.
• Implement written SNAP compliance policies and enforcement mechanisms.
• Perform regular internal audits to identify any issues.
• Watch for red flags like frequent large purchases or transactions right at the max amount.

An ounce of prevention is worth a pound of cure when it comes to SNAP compliance. Stopping violations before they occur will keep you off the USDA’s radar.

Fighting SNAP Disqualification

Dealing with SNAP disqualification is daunting. The appeals process is complicated, your business is threatened, and you’re up against the full force of the federal government. But there is hope – with an experienced lawyer guiding you, many stores successfully overturn or reduce penalties. Don’t let a disqualification notice scare you into giving up without a fight. Use the appeals procedures to tell your side of the story. You might just get to stay in the SNAP program after all.