What to Do if Your Benefits Stopped in PA
If your benefits are stopped for any reason, you have the right to file an appeal, request a reconsideration, and/or reapply.
Just Harvest can help you reapply for benefits, or assist you with questions regarding problems you may have with your SNAP benefits.
If you would like help with an appeal, find your local legal aid and reach out to them directly. In Allegheny County, Neighborhood Legal Services can assist you. You can reach out to them by calling (866) 761-6572 or filling out their intake form.
Appeals
Appealing is using your legal right to challenge a decision, action, or inaction made by the PA Department of Human Services (DHS) county assistance office that you think is unfair or incorrect. It is a way to have an administrative judge review your case and make a determination, rather than asking a caseworker or their supervisor to look at your case again. However, appeal hearings are not in courthouses and can take place over the phone.
During the appeal process, you will have the opportunity to provide missing documentation.
If your benefits are stopped, you can reapply while your appeal is being processed, so that you can start to get benefits while waiting for any benefits you missed out on.
If you change your mind, you can also choose to withdraw your appeal at any time.
More information about the appeals process is below.
Reconsiderations
A reconsideration is a request to have your caseworker re-open your application, renewal, or case and look at your case again without you having to submit a new application or renewal packet.
You can request a reconsideration by contacting your worker, calling the customer service center, or by submitting any missing documents listed on your denial or termination notice.
If your case was closed because they did not process paperwork you had already provided, benefits should be opened up to the data of your initial application or denial.
However, if you forgot to send in paperwork or missed an interview, requesting a reconsideration will re-open your benefits when the paperwork arrives at the County Assistance Office or when the interview is completed.
You can both file an appeal and request a reconsideration.
You can read more about reconsiderations in DHS SNAP Handbook.
More About Appeals
How to File an Appeal
You can file an appeal by:
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Make sure your phone number and address are up to date on the form.
Check which benefits are impacted by the decision DHS has made.
If you would like to continue your SNAP benefits while waiting for appeal, check “Yes.” Note: DHS cannot process a new SNAP application while you are still receiving SNAP benefits due to an appeal, if you lose the appeal you can have an overpayment for the time you received SNAP while your appeal was pending.
Choose if you want a face-to-face hearing or a phone hearing. If you don’t have a reliable phone number, you can use the phone at the County Assistance Office. In Allegheny County, face-to-face hearings are downtown.
Mark if you need an interpreter (this is provided for free).
Describe any assistance you may need due to a disability, such as ASL interpretation or another accommodation (this is provided for free).
Explain why you disagree with the decision. This description does not need to be overly detailed. It can be “I turned in my paperwork already” or “the income being counted is incorrect.”
Sign the form.
Date the Form.
If you have an advocate, a friend, or someone you trust helping you through the appeal, you can list them below. If you are seeking a legal aid or non-profit agency to assist you with the appeal, be sure to reach out to them directly – otherwise they won’t know what’s going on with your case. You can add them after submitting your appeal paperwork.
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For SNAP, you are not required to write a written statement, however we recommend that you do to create a paper trail for yourself.
For other benefits, you must sign a written statement within three days of notifying them verbally). You do not need to use their form, you can hand-write or type your own appeal letter.
Remember to keep a copy of your statement for your records.
Timeline:
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There are important deadlines in filing an appeal, so file your appeal immediately!
15 days: If your appeal is received within 15 days of the date on the notice, your benefits can be reinstated and the Dept. of Human Services won’t take any benefits back unless you lose at the hearing. However, if they decide against you, you may be liable for an over-payment in benefits.
30 days: You have 30 days to appeal any decision about your cash, LIHEAP, CHIP, or Medical Assistance (MA). DHS can reduce your benefits if you miss the 15-day deadline, but they will give them back if you win your appeal.
90 days: You have 90 days to appeal any decision about your SNAP benefits/food stamps. DHS will still stop or change your benefits as was decided in the notice, but if you miss the 15-day deadline, they will give them back if you win your appeal.
You can reapply while appealing as well.
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Your caseworker or their supervisor should offer the opportunity to schedule a pre-appeal meeting or agency conference to try to resolve your problem before it gets to the hearing level. This should be offered to both you and your representative.
Sometimes, instead of mailing you information about a pre-hearing conference, they will just call you. Answer any calls that come from “COPA” (Commonwealth Of PA).
We recommend that you request this meeting and take an advocate or someone else you trust to this meeting and be sure they write down important things that are said. If documentation or an interview was missing, you have the opportunity at this time to schedule an interview or provide missing documentation to resolve the issue.
Sometimes you can resolve the issue at the pre-hearing conference. But, don’t waive your right to a hearing if your problem is not fully resolved at this meeting. If your caseworker promises to restore your benefits or correct the issue, do not waive or withdraw your appeal until the benefits have actually been restored.
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If your problem is not resolved to your satisfaction, you should proceed to a hearing. Hearings should take place within 90 days of submitting the appeal form. Written notice of the hearing should be mailed out at least ten days in advance.
At the hearing, the hearing officer will ask the County Assistance Office staff to present their facts of the case, they will ask you to present your facts as well. You will have time to present documents to them. You can read more about the hearing proceedings in the DHS SNAP manual.
The judge will sometimes issue a decision at the end of the hearing, or will mail one out later.