SNAP Appeal Attorney – Reverse Your Disqualification
SNAP & EBT Appeal Representation
Is your store facing suspension or permanent disqualification from accepting SNAP benefits? Look no further than Spodek Law Group for expert EBT appeal representation. Our team specializes in overturning application denials, EBT suspensions, and disqualifications. But don’t wait too long; once you receive a letter from the United States Department of Agriculture, you have only a few days to file your appeal.
Types of Cases for an SNAP or EBT Appeal
Not every suspension, disqualification, or application denial warrants an appeal, but many circumstances almost always merit an appeal through the USDA Administrative Review Branch. For instance:
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- Denial of EBT Retailer Application
If the United States Department of Agriculture has denied your application to be a SNAP or EBT retailer, don’t give up hope. The USDA denies applications for several reasons, but sometimes, it may do so improperly, based on a family member’s prior suspension, mis-categorization of your store as an “ineligible firm,” or a lack of “business integrity and reputation.” If your store has been denied for any of these reasons, contact Attorney Todd Spodek and his team today to learn more about your options.
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- Suspensions of Six Months or More
Has your store been suspended or disqualified for a SNAP violation? If your suspension is for six months or more, it’s imperative that you call us to evaluate your case before the suspension becomes fixed. The loss of revenue that most businesses suffer from an EBT suspension is severe, and a long suspension may put your store out of business, leaving you with little choice but to appeal the decision. Don’t wait; contact us today to learn more.
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- Permanent Disqualification
The most severe punishment that the USDA hands out is also the most over-utilized option that the Food and Nutrition Service turns to for most SNAP Violation letters. A permanent disqualification means that you, as the SNAP Applicant, may never again own or operate a store, in any state, that involves an EBT machine. This disqualification cannot be undone unless you appeal the matter immediately. If you receive any letter accusing you, your staff, or your firm of trafficking or otherwise seeking a permanent disqualification, contact Attorney Todd Spodek and his team immediately. Time is of the essence!
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- Imposition of Civil Money Penalties
If you have been permanently disqualified and subsequently sell your store or close your business, the USDA may send you a letter imposing a fine of up to $59,000 for selling your business. This fine is appealable within ten days of receiving a letter from the Department indicating that they are seeking to impose the fine against you. If you fail to appeal the matter, then the Department will levy the fine against you and may pursue you for every dollar. Let us help you appeal this fine and protect your rights!
The Appeal Process for a SNAP Violation Letter
Generally speaking, your appeal rights for a SNAP or EBT Appeal are governed by 7 CFR §279 and 7 USC §2023, which provide two separate appeals: an Administrative Appeal (which comes first) and a Judicial Appeal (which comes subsequent to the Administrative process). The Administrative Appeal must be filed within ten (10) days of receiving the letter from the USDA, or your rights will be waived. Once the notice of appeal is sent to the Department, we wait to receive a case number from the Administrative Review Division. Once we have the case number, we will compile all of the information we need into a full appellate brief, which can be twenty or more pages in length, depending on the circumstances of your case.
The appellate brief is a crucial part of the process, and we take great care to ensure that it presents your case in the best possible light. We submit it to the Administrative Review Division, where an Administrative Review Officer will evaluate the evidence presented by both sides and make a Final Agency Determination. This determination can take weeks or months to complete, depending on the circumstances. However, we know that time is of the essence, and we will work tirelessly to push your appeal more quickly and minimize the damage to your store.
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. We will review the report and provide you with a comprehensive analysis of the decision and your options moving forward.
How to Handle a SNAP or EBT Appeal
The appellate process is not a simple one, and the Administrative Review Division does not make it any easier for store owners who are unrepresented by counsel. The actual appeal process can be very difficult because there are few opportunities to rebut the evidence and argument presented by the Food and Nutrition Service. As such, we highly recommend that you retain counsel to handle your appeal, even if you initially responded to your SNAP Violation Letter on your own.
At Spodek Law Group, we have the experience and expertise to handle all aspects of your SNAP or EBT Appeal. We understand the gravity of the situation you are facing and will work tirelessly to protect your rights and your business. Contact Attorney Todd Spodek and his team today to learn more about how we can help you with your appeal.