How to Appeal Food Stamps Denial in Texas
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SNAP benefits applicants who have had their Texas food stamps application denied can file an appeal with HHSC Appeals Division for a redetermination. A hearing will be set, and during the hearing officials will examine the evidence and reasons applicants provide to support their eligibility for food stamps. In many cases, SNAP applicants are able to reestablish benefits. Some SNAP applicants realize after filing an appeal that they were not eligible to file. If at any point applicants wish to withdraw from the TX food stamps appeal process, they can send in a written request or call the local HHSC, which will notify the hearings officer. Review the following sections to find out more about food stamps denial in Texas, the reasons for appeal, and how to further appeal to a higher court:
- How to Appeal SNAP Benefits in Texas
- What Happens After I File the Food Stamps Appeal Process in Texas?
- Insufficient Grounds for SNAP Appeal in Texas
- Violations of Due Process in the TX Food Stamps Appeal Process
- Can I Appeal a SNAP Denial of My Request for Expedited Processing in Texas?
- What Happens if I Win the Appeal in Texas?
- Can I Appeal Denial of Texas Disaster-SNAP or D-SNAP Benefits?
How to Appeal SNAP Benefits in Texas
The Health and Human Services Commission (HHSC) facilitates the food stamps appeal process in Texas. Applicants facing food stamps denial in Texas have the right to a fair hearing if they have unjustly experienced:
- A reduction or denial of benefits
- A delay in the processing of their application or requested forms
- An inability to respond within time limits due to hardship
- An error in the preadmission processing
The Hearing will be conducted by telephone unless the applicant makes a request to have an in-person hearing. The hearing conference call may include your hearing officer, agency representative, and all other participants requested for the hearing. Otherwise, all participants will have to call a toll-free number at the scheduled time of the hearing.
Applicants have 90 days from the time they receive notice of the denial to file a Texas food stamps appeal. Benefits going back 12 months may be reapplied to the applicant’s SNAP EBT account.
SNAP applicants will need to provide verification materials and/or fill out Form H1020 within 10 days of the denial decision. If applicants need any assistance in finding out how to obtain the requested verification documents, they may contact the Claim Investigation Unit supervisor.
What Happens After I File the Food Stamps Appeal Process in Texas?
After filing a TX food stamps appeal, the local HHSC office will assess eligibility information and send a redetermination decision explaining the reason for the decision and any policies that are applicable to your situation. Whether the appeal is granted or refused, SNAP applicants will have the opportunity to have another conference with the advisor, and if they choose, another appeal of the decision. If an administrative error can be shown, the HHSC will take actions to correct and properly document it.
Insufficient Grounds for SNAP Appeal in Texas
If the issue is a state or federal change in SNAP benefits, SNAP beneficiaries do not have the right to file a food stamps appeal unless they can show that they are not part of the class of recipients facing the reduction or cancellation of benefits.
Violations of Due Process in the TX Food Stamps Appeal Process
According to the USDA, SNAP applicants who feel the HHSC committed a violation of due process in the food stamps appeal process in Texas by delaying the processing of an application, are entitled to an administrative review. If you were told by anyone at the HHSC to not file a Texas food stamps appeal, this should be mentioned as well. If an applicant’s SNAP benefits were denied for having delayed in providing required information, he or she is still eligible for SNAP if there was sufficient reason for delay. If applicants feel they were subject to discrimination it is important to mention this in the appeal as well. Make sure not to wait until the hearing to mention important reasons for the appeal.
Can I Appeal a SNAP Denial of My Request for Expedited Processing in Texas?
Applicants who qualify for expedited processing of their application, and are denied, should start the food stamps appeal process in Texas by contacting the immediate advisor on their application. The advisor is required to respond within two business days to schedule a conference with the SNAP applicant.
What Happens if I Win the Appeal?
If it is determined that your Texas food stamps application was denied wrongfully, you will receive a notice and Form H1825 (Entitlement to Restored Benefits), which will need to be completed and returned.
Can I Appeal Denial of Disaster-SNAP or D-SNAP Benefits?
If an applicant was eligible for D-SNAP benefits and did not receive them, he or she is entitled to an appeal. D-SNAP is a temporary food program available in areas affected by natural disaster. To be eligible, households must have been in the area and affected by the disaster. D-SNAP certification is usually fast-tracked for quick delivery of benefits. Texas HHSC will notify applicants by phone or mail about any eligibility for additional EBT card benefits during a disaster period. The HHSC will plan the disaster relief and work with the Food and Nutrition Service to address the unique problems faced by households affected by disasters.
What are Food Stamps?
The Food Assistance Program helps people with low-income buy healthy food. A food assistance household is normally a group of people who live together and buy food and cook meals together. If your household passes the Food Assistance Program’s eligibility rules, the amount of food assistance benefits you get depends on the number of people in your household and how much money is left after certain expenses are subtracted.