Permanently Disqualified From SNAP – What Are My Legal Options?

Permanently Disqualified From SNAP – What Are My Legal Options?

Getting permanently banned from receiving SNAP benefits can seem devastating. Without assistance buying food, you may worry how your family will get by. But don’t lose hope – you may still have legal options to fight the disqualification.

In this article, we’ll explain the SNAP appeals process, strategies for building your case, and what to do if wrongly accused. With persistence and the right evidence, many recipients have successfully had permanent disqualifications overturned. Don’t give up without exploring every option to get your benefits back.

Reasons for Permanent SNAP Disqualification

Here are some 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

Sometimes bans happen by mistake or misunderstanding rules. Don’t assume yours was justified without exploring options.

Appealing Within 10 Days

You have the right to appeal a SNAP disqualification, but must act fast. Here are the steps[2]:

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

Meet the 10 day deadline or you’ll lose your right to appeal. Don’t delay in starting the process.

Building Your Case for Appeal

To build the strongest case possible[3]:

• 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.

After the Administrative Review

After your appeal[4]:

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 upheld, you can request a judicial review within 30 days.

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

Common Reasons Appeals Succeed

Here are some common reasons appeals overturn permanent SNAP bans[5]:

• 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 can significantly help your chances. They can[6]:

• 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 benefits reinstated where you would fail on your own.

If You Win Appeal

If your SNAP appeal succeeds:

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

So it’s well worth appealing to potentially regain SNAP eligibility.

Avoiding Permanent SNAP Loss

Here are tips to avoid a permanent ban initially:

• Never trade benefits for 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 SNAP rules

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

If You’re Falsely Accused

If wrongly accused of SNAP violations:

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

With proof and representation, false allegations can be overturned.

Avoiding Trafficking Stings

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

• An agent may offer cash for your 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 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.

Conclusion

Getting permanently banned from SNAP can seem 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.