How States Must Now Pay Back SNAP Errors That Cost You Money
What the new federal rule means for your SNAP account
Starting in 2024, states are required by federal rule to repay you if their error caused you to lose SNAP benefits or receive less money than you were may have access to to. This applies to mistakes the state made in processing your case — not errors you made on your application. The state must pay you back the full amount of benefits you missed, plus interest in some cases, and they cannot deduct it from future benefits without your permission.
The rule comes from the U.S. Department of Agriculture (USDA), which oversees SNAP nationwide. Before this, states had no uniform requirement to compensate people for administrative errors. Some states did it voluntarily; others did not. Now all states must have a process in place to identify these errors, notify you, and send payment.
Key Takeaways
- States must now repay you the full amount of SNAP benefits you lost due to a state error, not your mistake.
- You do not have to ask for the money — states are required to find these errors and contact you, though the timeline varies by state.
- The state cannot take back the money by reducing your future SNAP benefits unless you agree in writing.
- If you believe the state made an error, you can request a fair hearing through your state's SNAP agency to challenge the decision.
What counts as a state error under the new rule
A state error is a mistake the SNAP agency made when processing your case — not a mistake you made when filling out your application. Examples include the caseworker failing to process a change you reported on time, miscalculating your income or household size, not counting a deduction you were may have access to to, or losing documents you submitted.
The error must have caused you to receive less SNAP money than you should have, or to lose benefits entirely. If the state approved you for more money than you may have access to for, that is also an error, but the state handles repayment differently — they usually ask you to repay the overpayment, though they cannot garnish your future SNAP without a court order or your consent.
Errors you made on your own application — such as reporting your income incorrectly — do not fall under this rule. If you made the mistake, the state can ask you to repay an overpayment, though many states have hardship waivers if you did not knowingly cause the error.
How states are finding and reporting errors
Each state SNAP agency is required to review cases to find administrative errors. The method varies: some states run automated audits of closed cases, others review cases flagged by caseworkers, and some respond to complaints you file. The timeline for finding errors also differs by state — some review cases within months of closure, others take longer.
Once a state finds an error, they must notify you in writing. The notice should explain what the error was, how much money you are owed, and how you will receive payment. Some states mail a check; others deposit the money directly into your EBT card account. A few states are still building their systems to track and pay these claims, so the process is not yet uniform across all 50 states.
If you have not heard from your state and you believe an error occurred, you can contact your state SNAP office directly and ask them to review your case. You can also file a fair hearing request, which is a formal complaint that triggers a review by an independent hearing officer.
How to request a review if you think the state made an error
If you believe your state SNAP agency made a mistake that cost you benefits, you can request a fair hearing. This is a formal process where an independent officer reviews your case and decides whether the state made an error. You do not need a lawyer, and there is no cost to request one.
To request a fair hearing, contact your state SNAP office and ask for the fair hearing process. Each state has different rules about how long you have to request one — usually between 30 and 90 days after the state made a decision or took an action you disagree with. Some states let you request a hearing even after that window if you have good reason for the delay.
At the hearing, you can explain your side of the story and provide documents — pay stubs, letters from your employer, proof you reported a change, or anything else that shows what happened. The hearing officer will decide whether the state made an error. If they agree with you, the state must repay you.
What happens if the state owes you money
Once the state confirms it made an error, they must pay you back. The payment method depends on your state: some send a check to your address on file, others deposit it into your EBT account, and a few offer other options. The state should tell you how and when you will receive the money when they notify you of the error.
The state cannot automatically deduct the repayment from your future SNAP benefits. If they want to recover money they overpaid you (a different situation), they must ask your permission first or get a court order. If you refuse and the overpayment was large, the state can pursue collection through the court system, but they cannot simply take it from your next month's benefits without your written consent.
Some states also pay interest on money owed to you for a long period of error. The interest rate and rules vary by state, so ask your SNAP office whether interest applies to your case.
Differences between underpayments and overpayments
An underpayment is when the state gave you less SNAP money than you were may have access to to. The state must repay you the full amount you missed. They cannot deduct it from future benefits without your permission, and they cannot ask you to repay anything.
An overpayment is when the state gave you more SNAP money than you may have access to for. If the state made the error (not you), the rules are less clear, and states handle this differently. Some states still ask you to repay overpayments caused by state error; others forgive them. If you caused the overpayment by reporting incorrect information, the state can ask you to repay it, though many states waive repayment if you did not knowingly lie.
If the state asks you to repay an overpayment and you cannot afford it, ask about a hardship waiver or a payment plan. Some states will forgive small overpayments or let you pay back a small amount per month instead of a lump sum.
What to do if you disagree with the state's decision
If the state says they did not make an error, or if you disagree with how much they say they owe you, you can request a fair hearing. You have a limited time to do this — usually 30 to 90 days from the date the state sent you their decision, depending on your state. Some states allow late requests if you have a good reason.
To request a hearing, contact your state SNAP office and ask for the fair hearing process. You can do this by phone, mail, or in person, depending on what your state offers. Ask for a written confirmation that your request was received and the date of your hearing.
Bring any documents that support your case: pay stubs, letters from your employer, proof you reported a change, receipts, or anything else that shows what happened. If you cannot attend the hearing in person, ask whether you can participate by phone or video. You can bring someone with you to help explain your case, though you do not need a lawyer.
Frequently Asked Questions
Do I have to do anything to get the money the state owes me?
Not always. States are required to find errors and contact you. However, the process is still rolling out, and some states are slower than others. If you believe an error occurred and you have not heard from the state, contact your SNAP office and ask them to review your case. You can also request a fair hearing to force a formal review.
How long does it take to get paid back?
This varies by state. Some states process repayments within weeks of finding an error; others take several months. Ask your SNAP office for a timeline when they notify you of the error. If you request a fair hearing, the process usually takes 30 to 90 days from the date you request it.
Can the state take the money back from my future SNAP benefits?
No, not without your written permission. If the state owes you money for an underpayment, they cannot deduct it from your next month's benefits. If you owe the state money for an overpayment, they can only deduct it if you agree in writing, or if they get a court order.
What if I already spent the money I received by mistake?
If the state gave you too much money and you spent it, the state can ask you to repay the overpayment. However, if the overpayment was the state's error and you did not knowingly cause it, many states have hardship waivers. Ask your SNAP office about a waiver or a payment plan you can afford.
Do I need a lawyer to request a fair hearing?
No. Fair hearings are designed for people to use without a lawyer. You can bring someone to help you, and some legal aid organizations offer free help if you may have access to. Contact your local legal aid office to ask whether they can help with your SNAP case.