Blog
SNAP Administrative Appeals LAwyers
The ability to accept SNAP benefits in your store is one many people rely upon for the success of their businesses. Millions of people use government assistance to purchase food and other necessary items throughout the month to get by, and the stores that carry these items and accept SNAP benefits receive more patronage than those that don’t. The ability to accept these benefits is big for business, and losing your SNAP benefits is devastating to your business.
When a store is accused of violating SNAP laws as issued by the USDA, they are sent a SNAP charging letter in the mail. This letter outlines all that you’re accused of doing wrong, how you can fix this issue, and what you must do to appeal this. It’s rarely a simple process, but there are many things you can do when SNAP administrative appeal becomes necessary as outlined below.
The First Step: Responding to SNAP Charging Letters
When a SNAP charging letter appears in the mail, it’s shocking. You’re being accused of wrongdoing in your place of business, and you might not even be aware it’s going on. In some instances, it’s not going on. The USDA is not perfect, and their administrative team does make mistakes. When this occurs, it’s imperative you handle the situation accordingly. The USDA won’t admit to wrongdoing if you admit there is even a chance someone was making mistakes in your business.
Do not under any circumstances reply to the charging letter you receive without first speaking to an attorney regarding this situation. An attorney is the only person who is capable of correctly responding to this letter without saying anything wrong or further incriminating your business. Even the statement that you’ll look into the problem to see if someone in your employ is not doing their job correctly is an admission of guilt in the eyes of the USDA.
The Second Step: Appeals Process
Now that you and your attorney have responded to the charging letter, the USDA might decide it’s time to issue a chance for an administrative appeal. It’s always best to have someone with extensive law experience handle this for you. Deciding to forgo an attorney this late in the game could result in the loss of your ability to accept SNAP benefits. You are free to appeal the decision made by the USDA any time following the response to your SNAP charging letter response.
Your attorney has to file the correct paperwork with the court, schedule a hearing, and provide the evidence necessary to enforce an appeal when the USDA presents its case. Losing your SNAP benefits could close your business if you’re not careful. During the appeal process, you must allow your attorney to present all the facts and the evidence to support a lack of wrongdoing in your place of business.
It’s imperative you do not place blame on an employee and issue termination for that person. It’s still wrongdoing, and no one at the USDA cares who did the wrong thing. If they believe it happened in your place of business, they will shut down your benefits and put a serious strain on your business. Your job is to ensure your SNAP benefits are being used correctly, adequately, and that you’re able to prove this is the case no matter what happens.
Your attorney knows how to protect you in a case like this, and he or she knows how to handle the appeal process when it gets that far. The hope is that your attorney can shut down any accusations of wrongdoing from the start, but it is possible you’ll need to go through the administrative appeal process in advance. Let your attorney help you through this process so there is no question regarding your innocence in the matter.
The Supplemental Nutrition Assistance Program or (SNAP) is a program that is designed to ensure no one goes hungry. This program is about providing help for needy families who might otherwise find it hard to feel their families. There are certain criteria that need to be met in order to receive this form of assistance. It is the largest of the programs that are administered by the federal government. Those who are eligible can apply an application process that takes many factors into account including the legal right to be here as well as the amount of money earned by all parties in the household. Once a family has qualified for this benefit, they are given an electronic card. This card is pre-loaded with a certain amount of money. The funds given via the card can be used to purchase certain items that are set out by the government in advance.
Specific Rules
Using the EBT or Electronic Benefits Transfer card means adhering to certain procedures. Families must obey these rules. The same is true where the cards are accepted to purchase items. All those who work in a retail space where snap is accepted need to be aware of the kind of rules that will apply to their use. Such rules govern how much is on the card at any given time, what items can be bought by the card holder and what items are specifically excluded. If the card holder violates these rules, the retailer can be held responsible. A store owner or manager can be held liable as well as the employee even if the employee did not know such issues were in play. The governing body that regulates SNAP use is in charge of determining these rules. They are also in charge of determining how they can be used and what might constitute a violation of the laws.
What Can Be Done
The EBT card means that the card cannot be used for any other purpose other than the purchase of food. The same is true of the use of cash. A card holder is not allowed to redeem the card for cash. If there is a suspected violation of any kind by a store that accepts these cards, the Code of Federal Regulations has specific procedures that are to be directly followed. Officials at the Food & Nutrition Service regularly conduct examinations of the use of such cards. They also take the time to see if any organization is misusing such funds. An individual can make a report if they suspect their employer or another organization is engaging in fraud. If this happens, there are a series of steps that will be followed. It’s important for all those who are accused of this action to understand what is going on and how to respond to it.
Officials at the Food & Nutrition Service will send off what is known as a snap violation letter. This letter indicates that the retailer has been found to be engaging in known food stamp fraud. A letter of this kind can be scary. Many retailers, particularly those in lower income areas, may serve many clients who use an EBT card. If they are faced with the loss of this business, they are faced with the prospect of loosing a considerable portion of their client base. All those who are in recipient of this letter should know they will have only ten days to respond to it. It’s also important to keep in mind that many retailers who get this kind of letter have not knowingly violated the rules governing snap use.
Filing an Appeal
It is totally possible to dispute any allegations of organized snap fraud. Those who are found guilty of this type of fraud may be denied their right to accept snap for a certain period. They might not be able to accept this form of payment for a few months or even an entire year. That can make it very hard for them to accept a certain percentage of their business. Repeatedly violations of the law may lead to the person being barred from the program entirely. They can also face fines that can eat into profits. Under these circumstances, it is imperative to know what rights the company has in the event they get such a letter. A fine can reach several thousand dollars or even more. If the company is not allowed to accept snap at all, they might face the temporary loss of business. If this continues, the retailer may find they can’t sustain the business model. They might have to lay off their employees or even find they have to close the business completely. All retailers should also be aware that if they are found guilty of these problems, they might even face potential jail time or even a prison sentence.
A good attorney at your side is a must. A SNAP administrative appeals lawyer can help the client make sure they know exactly what they are facing when it comes to such an issue. They can also help with specifics such as mounting a defense against such allegations. If the retailer is facing charges that they have done this other times in the past, the lawyer can help craft a detailed defense that takes all factors into account. A good legal defense is a complete necessity when facing SNAP related problems.