{"id":470,"date":"2019-05-07T20:03:41","date_gmt":"2019-05-08T00:03:41","guid":{"rendered":"https:\/\/7c1844e6df.nxcli.net\/?post_type=practice&p=470"},"modified":"2019-11-25T10:50:04","modified_gmt":"2019-11-25T15:50:04","slug":"snap-appeals","status":"publish","type":"practice","link":"https:\/\/usda.attorney\/practice\/snap-appeals\/","title":{"rendered":"SNAP Appeal Attorney – Reverse Your Disqualification"},"content":{"rendered":"
Has your store been suspended or permanently disqualified from accepting SNAP benefits?\u00a0 Our office specializes in helping stores with an EBT Appeal to overturn application denials, EBT suspensions and EBT disqualifications.\u00a0 However, once you receive a letter from the United States Department of Agriculture denying your application, suspending your store from accepting EBT, or altogether disqualifying your store from the Supplemental Nutrition Assistance Program, you have only days to file your EBT appeal<\/strong>.<\/span><\/p>\n Not every initial\u00a0suspension, disqualification or application denial warrants an appeal.\u00a0 However, there are a number of circumstances which almost always merit an appeal through the USDA Administrative Review Branch:<\/p>\n Generally speaking, your appeal rights for a SNAP or EBT Appeal are governed by 7 CFR \u00a7279<\/a>\u00a0and 7 USC \u00a72023,<\/a> which provide two separate appeals: a Administrative Appeal (which comes first) and a Judicial Appeal (which comes subsequent to the Administrative process).\u00a0 The Administrative Appeal must be filed within ten (10) days of receiving the letter from the USDA or your rights will be waived.\u00a0 After the notice of appeal is sent to the Department, we wait to receive a case number from the Administrative Review Division.\u00a0 Once that number is received, we will compile all of the information that we need into a full appellate brief, which can be twenty or more pages in length depending upon the circumstances of your case.<\/p>\n The appellate brief is submitted to the Administrative Review Division.\u00a0 An Administrative Review Officer will look through the information provided by the Food and Nutrition Service, the information provided by our office and compare those with the case law and regulatory law we present to make a Final Agency Determination.\u00a0 The final determination can take weeks or months (depending on the circumstances) to complete.\u00a0 However, we can help push your appeal more quickly to help minimize the damage to your store.\u00a0 Once the Administrative Review Division has completed the Final Agency Determination, the report is issued to our office and to the Food and Nutrition Service.<\/p>\n The appellate process is not a simple one and the Administrative Review Division does not make the process any easier on store owners who are unrepresented by counsel.\u00a0 The actual appeal process can be very difficult because there are few opportunities to rebut the evidence and the argument presented by the Food and Nutrition Service.\u00a0 As such, we recommend that even if you answered your SNAP Violation Letter on your own, it would probably be in your best interests to retain counsel to handle your appeal.<\/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":[15],"yoast_head":"\nTypes of Cases for an SNAP or\u00a0EBT Appeal<\/h3>\n
\n
The Appeal Process<\/h3>\n
How to Handle a SNAP or\u00a0EBT Appeal<\/h3>\n