SNAP Disqualification Appeal Process.

Use A SNAP Appeal Attorney To Reverse Your Disqualification

If your grocery store, convenience store, or other business that sells food has been in existence for years and experienced few if any problems along the way, all that may suddenly change once the USDA decides your business is guilty of SNAP trafficking or other violations. Should this happen, the agency may not hesitate to impose strict and severe disqualification penalties against your business. Depending on what types of violations the USDA alleges you committed, these disqualifications may be for only a few months, several years, or perhaps be made permanent. When this happens, your business will suffer significant financial losses that could result in your store closing its doors for good. However, once a disqualification is imposed, you can appeal the USDA's decision and get the disqualification reversed. But to be successful in this venture, you will need to have an experienced SNAP appeal attorney handling your case from the very start.

Only Days to Appeal

Since the USDA does not like to lose once it imposes disqualification penalties on businesses, it has set up the appeal process to be as difficult as possible for store owners and others. In fact, once UPS delivers your USDA charge letter to you and you start reading it in detail, you will discover the federal government only grants you 10 days to file your appeal. As a result, many people panic and spend days trying to get the matter resolved on their own by contacting the USDA directly by phone. However, this is the worst thing you can do. Not only do you waste valuable time that could be spent formulating a legal defense with a SNAP appeal attorney, but you also put yourself at risk of saying things to USDA case analysts that will be used against you during the appeal process.

Your Retailer Application Denied

If you are a retailer who applied to the USDA for the opportunity to accept EBT at your store, you probably figured there was little if any chance your application would be denied. However, if that happened, you should file an immediate appeal to find out the USDA's reasoning behind its decision. Many times, it is learned the USDA denied your application due to another member of your family having received a prior suspension. In other situations, the agency has determined your business is an "ineligible firm" or does not possess the proper "integrity and reputation" required of businesses that accept EBT from customers. Since it is clear mistakes are made in this process and many of the denials may be done on a subjective basis, don't let the bias of one or two people keep your store from being allowed to accept EBT. Instead, appeal this decision vigorously by contacting a SNAP appeal attorney.

SNAP Suspensions

If the USDA determines your store is guilty of SNAP violations that are somewhat minor in nature, you may face suspensions from being allowed to accept EBT from your customers. For minor violations, the minimum suspension will be six months, while more serious violations may result in suspensions that can last as long as five years. If these suspensions are allowed to be imposed, they can have devastating effects on businesses, especially smaller convenience or grocery stores. In fact, many businesses that are suspended from accepting EBT never fully recover, and wind up closing for good. Rather than let a poor decision from the USDA close a business you have built from the ground up, hire a SNAP appeal attorney who understands the complexities of these cases and will fight hard to protect your legal rights.

Permanent DQ and Money Penalties

Used much more often than actually necessary, USDA permanent disqualifications and money penalties will almost certainly spell the end of your business if they are allowed to take effect. If a permanent DQ is imposed, your store will never again be allowed to accept EBT from customers, and you will also never be allowed to work in any business that does accept EBT, unless you are in a low-level job that gives you no authority regarding management or ownership. Also, these penalties will impact your personal financial situation, since they will damage your credit rating and make it much harder to get loans for homes or vehicles. Finally, should you sell your business or close your doors, the USDA may impose monetary penalties that will need to be paid even if years pass between the initial violation and the closing of your business. Due to these potentially life-changing events that may take place, do not assume you have no recourse. By contacting a SNAP appeal attorney as quickly as you can, you can take the first steps in getting your disqualification reversed.

A Slow Appeal Process

When the USDA imposes a penalty of permanent disqualification against your store, it will also attempt to make the appeal process as slow as possible. In fact, if you rely on an inexperienced attorney to handle your situation, the process could take many months to complete. If you let this happen, your business could never recover from the ensuing damage. Therefore, you need an attorney on your side who will push the USDA very hard to get the appeal process completed as fast as possible. By doing so, the government will know it cannot push you around and do as it wishes regarding your business and your future.

While getting your disqualification reversed is certainly not easy, it is attainable if you are willing to continue fighting. However, don't fight this battle on your own, since this will only result in failure. To give yourself a much better chance of winning your appeal, discuss your case with a SNAP appeal attorney.

Facing a SNAP charge letter or disqualification? Start with our full guide: USDA SNAP Violation Lawyers for Retail Stores, or call 212-300-5196 for an attorney, 24/7.