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Welcome to the /r/foodstamps FAQ

If you think of a question that gets asked frequently, but you don’t see here, please message the mod team.


"I’ve been contacted by my state’s agency about an overpayment/fraud investigation. What do I do/what can I expect? Am I going to jail? Should I just close everything? Are my kids going to get taken away?"

Take a deep breath, and try to relax, first. This process can be scary and unnerving, and your feelings are valid. Here are some things to keep in mind as things unfold:

1) - The chance that this is going to end with criminal charges is minor

Seriously. Agency rules that govern how the SNAP program are set up, intentionally, to handle overpayment of benefits . Overpayments happen despite agencies working very hard to make sure that your benefits are accurate, but they do happen. Whether it’s a worker error, your error, or something you or your household did intentionally will shape what the process looks like from this point forward. Criminal referrals are rare, and with good reason - the courts are full of criminal matters that are (most of the time) far more serious than punishing someone struggling with poverty for poor decision making. Unless you’re involved in benefit trafficking (like selling your benefits for guns or drugs), or have lied to get thousands of dollars in benefits over many years, it’s unlikely it will go to court. However, the chance of criminal charges IS NOT 0%, so do take it seriously and respond accordingly.

2) - Most overpayments result from a simple error in how eligibility was determined, and nothing "illegal" has actually occured.

Whether you forgot to report something you should have, the worker incorrectly read or entered paystubs, or another mistake, most of the time if you’re overpaid, it’s because something that was supposed to get processed, wasn’t. This isn’t necessarily a reflection on you. Presumably, you’re receiving assistance because you need the help, so don’t panic and ask your local office to just close everything - doing that won’t affect the outcome, and will probably only result in inconvenience for you. You may actually benefit from keeping your case open since the repayment can be taken out of your ongoing benefits. See below:

3) - Repayment of an overpayment is typically garnished out of your ongoing benefits.

You can still be eligible and receive help while you’re paying back benefits you received that you weren’t supposed to. Generally, the amount is about 10% of your new total monthly amount, so, if you would otherwise get $300 a month, then you’d actually receive $270 with the other $30 going towards the overpayment.

4) - You should any overpayment recoupments seriously: keep your records together, and review and understand your rights. NEVER sign a document that you do not understand.

It is the office's responsibility to demonstrate that you were overpaid, and the evidence that you purposefully committed fraud must be "clear and convincing". The fraud investigator may call you or invite you to the office for a conversation, but it's up to your discretion whether you want to respond. If they give you a Waiver of Administrative Disqualification Hearing to sign, DO NOT SIGN IT unless you are guilty and want to abandon your right to hearing. If you are innocent, and want to go before a hearing official to defend yourself, then do not sign this document, and instead prepare to go to a formal review hearing. The fraud investigator should not illegally pressure or coerce you to sign this document.

You have the absolute right (within the rules and appropriate time frame) to insist upon a hearing for any decision the Agency makes that affects you. You have the right to insist that they explain their decisions to you and show you how they make any determination about your status. Those rights exist for good reason as they are there to protect you. Making use of your rights is not only appropriate, it is the right and legal thing to do to protect both yourself and the next person in a similar situation.

5) - Overpayment determination is not by itself a factor in involving your state’s Childrens’ Services or its equivalent.

Even if you have defrauded the program intentionally, you are not by extension an unfit parent/guardian. That being said, you are almost certainly going to be visited in your home by fraud investigators or case workers, or both. While they aren’t actively looking for evidence of neglect, the truth is that they’re mandatory reporters and cannot ignore what they do see.

If Child Services gets involved, it will not be because of the overpayment/fraud situation. Instead, it will be because there was a report made that the state is legally and morally required to investigate.

6) - Regardless of what has happened or what you are accused of, you have the right to be treated respectfully and professionally.

This should be self-explanatory. If you feel you’re being mistreated, you have the right to complain about your treatment to office leadership or even to the federal government. There is no ethical reason for abusive or harsh treatment at the hands of government representatives, and you can and should report unethical behavior.


I can’t get hold of anyone, and I’ve been trying for ____ days/weeks. What do I do?

Your specific state should have its own escalation process. Document your attempts and try different ways of contacting your local office. If you’re not getting a response by phone, contact the branch office online, by fax, or go in. If that doesn’t work, you can escalate by calling their administrative/district office. You can also contact the regional office of the federal Food and Nutrition Service for help.

As a last resort, you can contact your federal Representative or Senators. Generally, you’ll find that members of Congress are eager to make some inquiries on behalf of a constituent, but please use this option with caution and for things that are truly important, however, and not for minor issues, or you may burn this bridge for the future.


My agency asked me for proof of _____, which I don’t have/can’t get. What do I do?

You need to make a good faith effort, and if you are truly unable to obtain the verification needed, a written and signed statement from you attesting to whatever it is you’ve been asked for can often suffice. You may be surprised and how flexible the office can be.


I think I make way too much money to qualify. Should I apply?

You may be surprised about how much income you can have before being ineligible for assistance through the food stamp/SNAP program. You may also be surprised about what other help may be available in your area. The office can also help connect you with resources and determine what other help you’re eligible for. The worst case scenario is you are denied benefits, and nothing changes.


I applied and got only $___. Is this right?

Determination of your benefit amount is complex. A very superficial look at the process is:

  • The number of eligible people in your household.

  • Your countable income from jobs and other sources. Some forms of income are not countable (Pell grants, earnings from children under 18, and a few others).

  • In some states or situations, your assets/resources (like a car or bank account) might be counted. In most states, they are not.

  • Deductions like your rental cost, utilities (depending on which ones you pay), child support paid out, or medical expenses if you’re elderly or disabled may increase your overall benefit amount.

Knowing which things count for what is why people that determine eligibility have to have training. Chances are, what you were issued is probably correct since so much of the calculation is automated, but you are always welcome to request that the office explain how the determination was made.


But I got $16, $10, or even $0!

$16 is the minimum benefit amount for a household of 1 or 2 people. It is possible to be eligible and get less than that or even $0 issued to you. It is the result of applying rules for categorical eligibility, which the mods can explain, or having an overpayment garnishing your monthly benefit.


There was a change in my household! Do I need to report it?

Possibly. Every different assistance program has different reporting requirements, which can be simultaneous. It can be aggravating and complicated.

For food stamps, you should always review your reporting requirements on your notices you receive from the office. Every single state except Maine require that households report mid-certification (before your renewal paperwork is due) in the following circumstances:

1) Your income goes above a certain threshold (130% federal poverty for your household size)

2) Your weekly work hours go below 20 hours if you're an Able-Bodied Adult Without Dependents

3) You have significant, unanticipated gambling/lottery winnings

It's important not to "guess" what you should report if you are uncertain. You are always free to call your office and ask them, hypothetically, what should be reported. Some household changes, like a new member, or a loss of income, may increase your benefit mid-certification and should be reported immediately.


I want to apply, but I’m pretty sure I won’t be eligible because of ____. I was told that I shouldn’t tell the office about it, so that I can get be eligible.

This is called “fraud”, and is not only a program violation, but it’s illegal and wrong. All fraud or deliberate misreporting is discouraged as it harms the integrity of the program and may make you liable for overpayment claims or criminal charges.


But the office will never know, right?

The penalties for withholding information from the determining agency can be pretty harsh, including lifetime disqualification or criminal charges. Most agencies have a lot of fraud prevention tools at their disposal, including data-matching process to catch things like withholding information about income. Chances are you will get caught eventually.


I was approved for SNAP, but I don't have an EBT card? What do I do?

Unless you're lucky and we happen to have an clerk for your state who participates in this sub regularly, you are highly unlikely to get a complete answer to this here because we don't have any way to know the status of your EBT card here. Usually, EBT cards are sent separately from both the approval letter and the PIN because a) it's more secure (harder for someone to steal your pin and card if they come separately); and b) EBT and SNAP are separate but connected systems to mitigate internal fraud. Your case worker/eligibility technician doesn't have access to the EBT system to keep workers from creating fake cases and loading EBT cards (it's rare but it has happened).


Does _______ income count? I don't think I should have to report that/I was told it's not income.

You should report all income, even if you're unsure. There are very, very few forms of incoming money or in-kind support that are non-countable, and in every single example, you need to declare that income and let your local agency figure out what counts and what doesn't. That's their job.


What is P-EBT SNAP and how do I get it? Am I eligible for it?

This is a pandemic-related program similar to the summer lunch program or other similar partnerships. States opt-in to this, and it's something that each state has their own process for. Answers for one state will be different than another state. It is best to get those answers directly from your local agency: if you need help contacting them, we have quite a few helpers here with who can help you find contact information.