Responding to a Charge Letter for Alleged SNAP Violations

Getting a charge letter saying you committed SNAP violations can be scary. But don't panic! This guide will walk you through the process step-by-step so you can properly respond.

What is SNAP?

SNAP stands for the Supplemental Nutrition Assistance Program. It provides food stamps to low-income individuals and families. SNAP is authorized by the Food Stamp Act and administered by the U.S. Department of Agriculture's Food and Nutrition Service.

Understanding SNAP Violations

There are rules you must follow to get SNAP benefits. Breaking these rules can result in disqualification from the program. There are two main types of violations:

• Intentional violations - knowingly providing false information or misusing benefits
• Unintentional violations - making an honest mistake

Examples of violations include:

• Lying about your income or household members
• Using SNAP benefits to buy non-food items
• Trading or selling benefits
• Failing to report changes in income or household members

Penalties depend on the type of violation. For unintentional violations, you may just have to pay back the extra benefits. Intentional violations can lead to disqualification from SNAP for 1 year to permanently.

The Charge Letter

If the state suspects you committed a SNAP violation, they will send you a charge letter. This letter will explain:

• The violation you allegedly committed
• The evidence against you
• The proposed penalty
• Your appeal rights

It's crucial to read this letter carefully. Make sure you understand what violation they are accusing you of and what proof they have. This will help you figure out your defense strategy.

Your Appeal Rights

You have the right to appeal any adverse action taken on your SNAP case, including disqualification for a violation. The charge letter will explain your appeal rights and timeline to request a hearing. This is usually 90 days from the date of the letter. To request a hearing, contact your local SNAP office by phone, in writing, or in person. Explain that you want to appeal the proposed disqualification. You will then get information on the hearing process and date.

The Hearing Process

SNAP appeal hearings are conducted by an impartial official. You will have the chance to present information and question adverse witnesses. Some key things to know:

• You can bring a lawyer, friend, or advocate for support
• You can request an interpreter if needed
• You can provide documents and bring witnesses to support your case
• Hearings are informal - you don't need legal training
• The hearing official will issue a written decision based on the evidence

It's important to take the hearing seriously and make your best case. Thorough preparation is key to getting a good outcome.

Building Your Defense

Your defense will depend on the nature of the alleged violation. Here are some common defenses:

• For unintentional violations - argue it was an honest mistake. Explain the circumstances and how you have fixed the issue.
• For intentional violations - argue you did not actually commit the violation. Present evidence contradicting the state's claims.
• Argue disqualification is too harsh - emphasize how losing benefits would cause serious hardship.
• Challenge the state's evidence - look for holes or inconsistencies. Question if the evidence conclusively proves a violation.

No matter what, stick to the facts. Avoid getting emotional or confrontational at the hearing. The evidence itself is what matters most.

What Happens If You Lose?

If the hearing official upholds the disqualification, you can request a Director's Review within 15 days. The state SNAP Director will review the hearing record and issue a decision. This is your last chance to make your case within the state's appeal process. If you exhaust the state appeals process and lose, you can appeal to the federal level. This involves requesting a review by the USDA Food and Nutrition Service. The request must be submitted within 15 days of the state's final decision. Cases at the federal level look at whether the state followed proper procedures in disqualifying you.

Tips for Avoiding Violations

The best way to avoid problems is to understand and follow all SNAP rules. Here are some tips:

• Read all letters from SNAP carefully and respond to requests on time
• Report any changes in income, assets, or household members within 10 days
• Save pay stubs and other receipts as proof of income
• Never trade, sell, or give away SNAP benefits
• Only use benefits to buy eligible foods
• Set reminders to renew SNAP eligibility on time

Following the rules prevents violations. But if you do get a charge letter, stay calm. Use this guide to respond properly so you can keep your SNAP benefits.

References

• SNAP Eligibility - USDA Food and Nutrition Service
• 7 U.S. Code Chapter 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
• A Quick Guide to SNAP Eligibility and Benefits | Center on Budget and Policy Priorities
• SNAP Penalties | USDA-FNS
• Supplemental Nutrition Assistance Program (SNAP) | Benefits.gov