How to Appeal Food Stamps Denials in New York

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A New York food stamps application denied can initially be discouraging, but everyone that is denied from the SNAP program can appeal the state’s decision. How to appeal SNAP benefits in New York can be a lengthy process, depending on why the SNAP application is denied. After receiving the food stamps denial in New York, appeals have to be made as soon as possible. In New York, all appeals go through the Office of Administrative Hearings, which is responsible for appeals from several different federal aid programs. Learn more about how to appeal food stamps denial in New York in the below sections: 

  • Reasons for SNAP Disqualification in New York
  • How to Appeal SNAP Benefits in New York
  • Representation and Preparation for SNAP Appeals in New York

Reasons for SNAP Disqualification in New York

Learning why applicants had their New York food stamps application denied is the first step in understanding the application rejection. Food stamps denial in New York oftentimes has to do with a failed background check and whether or not an applicant has previously been enrolled in another federal aid program. Applicants may have their New York food stamps application denied if they have previously been part of different government programs or are currently receiving other government benefits. Participants that were previously excluded from a program are also at risk of a food stamps denial in New York, since they will be flagged as high-risk.

Another factor SNAP agents look at when considering food stamps denial in New York is whether an applicant has a past criminal history. Applicants that have previously been involved in crimes, especially drug-related offenses, are at risk of having their New York food stamps application denied. Those who face food stamps denial in New York may also be applicants who are facing long stretches of unemployment. Learn more about specific applicants who are at risk for New York SNAP benefits denial by downloading our free guide.

The reason for food stamps denial in New York is given to the applicant when he or she receives the SNAP denial letter in the mail. The letter also contains information on what applicants must do if they wish to begin the appeal process, including the date by which they are required to file.

How to Appeal SNAP Benefits in New York

The first step to starting the food stamps appeal process in New York is to set up a hearing with either the SNAP office that issued the denial or the Office of Administrative Hearings. On average, it takes two to four weeks for the food stamps appeal process in New York to begin. Once the appeal is processed, applicants will be notified by mail regarding the time and date of the scheduled appeal. Applicants can attempt to reschedule the food stamps appeal process in New York if the given date is not suitable. Applicants should request any changes as soon as possible, but last-minute changes are allowed if defendants have an unexpected emergency. Download our guide to read details on how to reschedule a food stamps appeal in New York.

When the food stamps denial in New York begins, the applicant has the opportunity to present his or her evidence and to make an argument for why he or she should not have been denied from SNAP benefits in NY. Food stamps denial in New York is always conducted by an impartial hearing officer, who was not previously involved in issuing the denial. The hearing officer may ask the defendant or the SNAP representative to present additional evidence before making a final decision. In most cases, an overturn of food stamps denial in New York is decided shortly after the initial hearing, unless additional evidence is required.

Representation and Preparation for SNAP Appeals in New York

During the food stamps appeal process in New York, all applicants have the right to an attorney. Applicants that cannot afford attorneys may request legal assistance from the state. It is not required for applicants to have attorneys present for a food stamps appeal process in New York, but they are always encouraged to find some form of legal help.

When preparing to argue against a food stamps denial in New York, applicants must gather as much evidence as possible, so denials will be overturned. What type of evidence to gather depends on the initial reason for the food stamps denial in New York. If it was because of a past criminal offense, applicants should try and find character witnesses or written statements to show that they have changed, and are unlikely to repeat their past mistakes.

Applicants that had their New York food stamps application denied because of unemployment should bring along copies of recent resumes, or proof that they have enrolled in some sort of work placement program. Working with an attorney will ensure that the applicant knows exactly what kind of evidence to bring to argue against their SNAP denials.


What Is SNAP in New York?

The Supplemental Nutrition Assistance Program (SNAP) is also commonly known as the Food Stamps Program. It provides low-income individuals and families with assistance benefits that allow them to purchase approved food items. However, various foods and non-food items cannot be purchased with SNAP benefits. Learn more about the benefits provided by the SNAP program, as well as how you can apply, here.


Who Can Receive New York Food Stamps?

SNAP applicants in New York must meet numerous eligibility qualifications in order to receive benefits from the program. Eligibility criteria for food stamps include income requirements, resource requirements and work requirements. For more details on all of the eligibility qualifications you must meet to obtain New York food stamp benefits, download our guide.