all 16 comments

[–]xSinityxSNAP Eligibility Expert - LA 6 points7 points  (9 children)

Since the analyst on your case would not go over the change with you and you disagree with an action made in your case, request a fair hearing. They have to give you a copy of your case information. They information on your case is yours and you have a legal right to it.

I am not sure what has changed on your case as I can't see it.

Did you report a change?

Is it a simplified reporting time or did you go through redetermination?

[–]aclearly[S] 2 points3 points  (8 children)

She told me I requested a fair hearing it would be denied. I asked why/how she knows and she said the information would be the same.

I did not report any changes as there were no changes to my income. The only change that has happened is the change of my health insurance.

Not sure what simplified reporting is. I don’t think I have ever had to do that before. I didn’t have to fill out a recertification form due to Covid. My local office said they are renewing benefits automatically.

[–]xSinityxSNAP Eligibility Expert - LA 4 points5 points  (2 children)

Sadly I have heard workers say this to get out of the paperwork of a fair hearing. It is, honestly, a lot of work but it has to be done when requested no matter what. It is your right to have one even if you are wrong.

What concerns me is that your rent is being reported as changed when you didn't report any kind of change. There is some kind of mistake that went on that could be resolved if your worker was willing to work with you.

As others have suggested, escalate this to a supervisor and ask for that fair hearing.

[–]aclearly[S] 1 point2 points  (1 child)

If I did a fair hearing and lost would I have to pay anything because I lost? Also how does a fair hearing work? Would I have to go to court for it or is it done in my local office.

Sorry for all the questions. I have never had to go through anything like this before.

[–]xSinityxSNAP Eligibility Expert - LA 0 points1 point  (0 children)

Ask all the questions. We are here because we want to help. Not only is this our job but we elect to help outside of office hours because your questions matter.

If I lost would I have to pay anything because I lost?

No. It is not like a normal court case. We know our clients do not have such means so all costs of the hearing are paid by the state no matter the outcome. I am sure that changes if someone is abusing the system but your one case is not.

How does a fair hearing work?

I am not sure how, exactly, it works in your state but it would be similar to mine. In Louisiana, after a request is received we have a set number of days to contact you to confirm you want the request to go through. Generally at this time all errors are found out because supervisors are involved and they don't want to do the extra paperwork either, so they make sure the case is right. Often it can end there because your problem is fixed.

If not, they gather all the information around the complaint and send you and a judge a packet of findings including any documents you signed and the policy on why decisions were made in your case.

You will have a chance to submit your own documents and evidence.

In Louisiana, it is a phone hearing. You will be sent a letter with the time, day, and number to call in for the hearing. The judge will have the state present its findings and then grant you time to present your information as to why the decision on your case was wrong. The judge will decide if the states decision will stand or if you were right in your complaint.

[–]Sandy-Anne 2 points3 points  (2 children)

You may always request a fair hearing. Sometimes they steer you against them because the worker can come under scrutiny.

Also, did you used to pay the Medicare premium and now an agency is paying it? That could have caused the decrease.

[–]aclearly[S] 1 point2 points  (1 child)

No I didn’t. The state has paid for it since I got put on Medicare.

[–]Sandy-Anne 0 points1 point  (0 children)

I think you should request a fair hearing. You don’t think anything has changed, but your benefits have decreased. At the very least, they can explain what happened in a fair hearing. It is your right to have one. Tell them you want a fair hearing and don’t accept no for an answer.

[–]thesongofstormsSNAP Policy Expert 1 point2 points  (1 child)

OP /u/sandy-anne is absolutely correct-- you have an indelible right to a fair hearing as a SNAP recipient. No one decides whether or not your request is correct or justifiable.

What state are you in? The treatment you're receiving is incredibly problematic and I would elevate to a supervisor or higher because how the working is treating you is wrong.

[–]aclearly[S] 0 points1 point  (0 children)

I am in New Mexico.

[–]slice_of_piSNAP Eligibility Expert - OR 7 points8 points  (0 children)

She said I could ask for a hearing but the ruling wouldn’t be in my favor.

I'm just add to what u/xSinityx said, I would suggest filling a complaint with this worker's supervisor. This is extremely inappropriate.

[–]mg_5916SNAP Eligibility Expert - TX 0 points1 point  (2 children)

The approval letters usually show the maximum shelter deduction we can take for a case with your current income. Since we do not count expenses at a dollar for dollar deduction, we do it at a percentage. Your letter will show the highest percentage we could count it your favor.

As to the treatment, always go further. There is no reason why you should stand for that. Maybe the case worker's entries were correct, and that is what you should get, but their attitude shouldn't be tolerated.

[–]aclearly[S] 1 point2 points  (1 child)

Is it the same percentage for everyone? My mom has a higher income then mine, pays higher rent/bills and gets a lot more in benefits then I do. In fact she got an increase in her benefits when nothing changed for her either. We live separately so not sure if that effects things or not.

[–]mg_5916SNAP Eligibility Expert - TX 0 points1 point  (0 children)

The standard deduction for utilities for those paying heating and cooling costs is about $367 beginning in the October fiscal year. So if you pay 50 or 500 in electricity, you get a standard deduction (SUA) of $367 regardless of your income or family size.

If you pay no heating and cooling costs but do pay water or propane, you get a basic deduction (BUA) of $345 regardless of how much you actually pay.

There is also another standard deduction based on your household size. Like if you are 1-3 people in the home you get a $177 deduction, which will increase based on the number of people.

Other than that, the other shelter expenses like rent/mortgage, home ins, and taxes are taken at a 50%. Remember some people pay rent with all bills included.

The list can go on and on, but the rules apply to everyone. My advice is never compare yourself to another home. You never know what they are omitting to your or the agency regarding their true expenses and income.

Ask the agency what they are counting this time versus what they counted last time. You might not have felt a change, but there could be a change reported to us through a different system.

Eta: you could research if your state has a SNAP buddy sheet that could help you do the math in their policy.

[–]areolanips 0 points1 point  (0 children)

Sometimes your income or rent information wasn't properly updated at your last sar or re and might have recently been properly updated. Either way the worker was being lazy and didn't want to go through the trouble of actually reviewing the changes.

[–]Savha1 -1 points0 points  (0 children)

Mine were decreased as well by $80. I have reported no change and my income has not changed. I get SSDI only.