As more people rely on SNAP benefits to buy groceries, numerous businesses have come to rely on these customers to provide them with a large portion of their business. Thus, when the state decides to come along and accuse your business of violating SNAP rules and regulations, it can be a serious matter. Along with the possible legal implications, losing the ability to accept SNAP payments could put your entire business in jeopardy. When this occurs, you will need the expertise of an attorney who specializes in handling snap appeals, and who is not afraid to take on the federal government on your behalf.

Judicial Reviews

Based on federal law, you will have the right to a judicial review regarding the allegations made against you. In fact, when the government decides to suspend the ability of your business to participate in the snap program, it is imperative you waste little time in hiring the services of a skilled attorney who understands these cases and how they can impact you and your business.

Do Not Hesitate

Once these allegations are made against you and your business is suspended from participating in snap, act as fast as possible. To begin with, the judicial review itself can begin only after an administrative review is completed. As the business owner, it will be up to you to decide if you wish to pursue a judicial review. Should you decide to do so, you will only have 30 days to file this after a decision is given by the administrative reviewer. If you fail to meet this deadline, you immediately lose all legal rights granted you to bring this case. Since you will undoubtedly have many questions, contact a SNAP judicial appeals lawyer at once.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

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Legal Scenario: What Would You Do?

Scenario

You own a small grocery store that has accepted SNAP benefits for over a decade, and you just received a letter from the USDA Food and Nutrition Service charging your store with trafficking violations based on unusual transaction patterns. The letter states your store faces permanent disqualification from the SNAP program, which accounts for nearly 40% of your revenue.

Can I fight this SNAP disqualification, and what options do I have to keep my store authorized while the case is pending?

Attorney's Answer

Under 7 U.S.C. § 2021, you have the right to file an administrative review request within 10 days of receiving the USDA's charge letter, and if the agency upholds its decision, you can appeal to federal district court under 7 U.S.C. § 2023. In many cases, we can argue for a civil money penalty in lieu of permanent disqualification, particularly if this is a first offense and the evidence of trafficking is based solely on transaction pattern analysis rather than direct observation. The USDA's own regulations at 7 C.F.R. § 278.6 allow for CMP alternatives when the store can demonstrate that disqualification would cause a hardship to the community's access to food. An experienced SNAP appeals attorney can challenge the statistical models the USDA uses to flag stores and present evidence that the transactions had legitimate explanations.

This is general information only. Contact us for advice specific to your situation.

Filing Your Judicial Review

When filing your judicial review, certain steps must be taken. To begin with, your attorney will file the case in U.S. District Court, and the opponent will be the United States. While this may sound intimidating, do not let this stop you. By having a skilled attorney on your side, you can trust their judgment and ability to get your case resolved in a satisfactory manner.

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