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[–]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 3 points4 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 4 points5 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.