{"id":469,"date":"2019-05-07T20:03:23","date_gmt":"2019-05-08T00:03:23","guid":{"rendered":"https:\/\/7c1844e6df.nxcli.net\/?post_type=practice&p=469"},"modified":"2019-05-08T09:01:46","modified_gmt":"2019-05-08T13:01:46","slug":"judicial-appeals","status":"publish","type":"practice","link":"https:\/\/usda.attorney\/practice\/judicial-appeals\/","title":{"rendered":"Judicial Appeals"},"content":{"rendered":"
A Judicial Appeal of a USDA\u00a0SNAP Disqualification is the last line of defense after the United States Department of Agriculture has turned your EBT machine off.\u00a0 To reach this stage, you have already been through the SNAP Violation Letter and the\u00a0administrative appeal process through the Department’s Division of Administrative Review.\u00a0 However, this stage may be your best opportunity to curb the damage that has already been done to your store, and to get your EBT system functioning again.<\/p>\n
It has been our experience that many stores choose to have local attorneys handle their USDA SNAP Violation letters.\u00a0\u00a0Though local attorneys mean well, the USDA SNAP administrative program is a highly specialized, nuanced and complicated\u00a0area of the law.\u00a0 Inexperienced attorneys may make\u00a0mistakes in SNAP cases without ever knowing what they’ve done, and without you ever finding out.<\/p>\n
Our team at BLG has worked tirelessly since the United States Congress reauthorized the Supplemental Nutrition Assistance Program in\u00a02014 to learn this area of the law thoroughly, and to represent your needs.\u00a0 Our staff of attorneys have handled federal appeals of USDA SNAP disqualifications and know the positions and tactics regularly utilized by the USDA in court.\u00a0 Furthermore, our clients benefit from our vast experience in knowing what tactics and arguments work, and where the USDA’s cases are the weakest.<\/p>\n
There are fewer than a handful of law firms in the United States that handle USDA SNAP regulatory law, and of those (whose information is readily available) our office is the most experienced and the most focused on retailer representation.<\/p>\n
A USDA SNAP Judicial Appeal is a lawsuit that your store can file against the United States Department of Agriculture under 7 CFR \u00a7279<\/a>\u00a0and 7 USC \u00a72023<\/a> to appeal the Administrative Review Division’s Final Determination that your store should be permanently disqualified from SNAP (usually for trafficking).\u00a0 The Judicial Appeal functions just like a regular civil litigation lawsuit, with the added complication of having the United States of American as the Defendant.<\/p>\n The lawsuit has three phases:<\/p>\n In the event the judicial appeal results in an unfavorable decision, a store may appeal the decision to the circuit court of appeals where the appellate judges can review the evidence, the decision made by the judge and the process through which your store has been stripped of its EBT retailer status.\u00a0 If the circuit court of appeals does not agree with the store’s position, or if the appellate court decides not to reverse the entire disqualification or suspension, then the United States Supreme Court may have final say.<\/p>\n Most cases do not proceed even so far as the circuit court of appeals.\u00a0 However, our office works to advise you of your choices and options throughout our representation in a meaningful and complete way.<\/p>\n Act quickly before your rights run out!\u00a0 You may have only a matter of days before your appeal deadline expires, so don’t hesitate to call us and set a consultation at your earliest convenience.<\/p>\n","protected":false},"featured_media":0,"parent":0,"template":"","meta":{"site-sidebar-layout":"default","site-content-layout":"default","ast-site-content-layout":"","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"default","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""}}},"categories":[],"yoast_head":"\n\n
After the USDA SNAP Judicial Appeal<\/h3>\n
How to Retain BLG for your SNAP Judicial Appeal<\/h3>\n