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If you are denied — how to appeal

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You have the right to a fair hearing. And if you act before the date on the notice, your benefits can keep coming while you wait.

August 16, 2026
Adjunct Professor of Finance, Johns Hopkins University Carey Business School · Author, The Social Security Playbook

Key takeaways

  • Denied, reduced or stopped SNAP gives you a federal right to a fair hearing, which you generally have 90 days to request.
  • Request the hearing before the effective date on the notice and your benefits generally continue, though you may repay them if you lose.
  • Ask for continued benefits in writing, request your case file, and call free legal aid or your Area Agency on Aging.

Do you have the right to appeal?

If your SNAP is denied, reduced, or stopped, you can request a fair hearing — an independent review by someone who was not involved in the original decision. This right is federal; every state must provide it.3

What is the deadline on that notice?

You generally have 90 days from the date of the notice to request a hearing.3 But there is a second, much shorter deadline that matters more.

The date that really matters is the effective date on the notice. If you request the hearing before your benefits are due to change (the agency generally has to give you at least 10 days' notice before it reduces or stops them), your benefits generally continue at the current level while the appeal is decided, as long as your certification period has not expired.3 If you lose, you may have to repay the benefits paid during the appeal. Miss the date and you can still appeal, but you go without in the meantime.
From Next Chapter TodayFifteen free guides to the decisions that cost the most.Social Security claiming, Medicare enrollment, SNAP paperwork, taxes in retirement. Fact-checked, printable.Browse the guides →

Can you keep your benefits while you appeal?

When you request the hearing, say clearly: "I am requesting a fair hearing and I want my benefits continued pending the hearing." Put it in writing if you can.

One honest caution: if you lose the appeal, you may have to repay benefits you received during that period.1 For most people it is still the right call — but you should know it going in.

What is the hearing like?

Less formal than you're imagining. Usually by phone. You explain what happened, the agency explains its decision, and a hearing officer decides.

  • You can bring documents, and you should — pay stubs, medical bills, rent receipts, letters.
  • You can bring someone with you: a family member, a friend, or an advocate.
  • You can ask for your case file before the hearing. Do this — it shows you exactly what the agency based its decision on.

Where can you get free help?

  • Legal aid — every state has free legal services for benefits cases. Search "legal aid" plus your county.4
  • Area Agency on Aging — connects older adults and their families to local help. What is available, and whether it includes help with an appeal, varies by area. Find yours through the Eldercare Locator.5
  • Your state's SNAP hotline — ask for the fair hearing request procedure.2
Agencies make mistakes. Income miscounted, a deduction not applied, a document that was submitted but never scanned. Appealing is not accusing anyone of anything — it is asking a second person to look.

What should you do next?

  1. Find the notice and read the effective date — that is your clock.
  2. Request the hearing today if you're inside that window, and ask for continued benefits.
  3. Request your case file.
  4. Call legal aid. It costs nothing and they do this daily.

Sources

  1. fns.usda.gov — SNAP Fair Hearings
  2. fns.usda.gov — SNAP State Directory of Resources
  3. 7 CFR 273.15 — Fair hearings ↗
  4. Legal Services Corporation — lsc.gov/find-legal-aid
  5. Administration for Community Living — Eldercare Locator ↗

By the numbers

-13.3%change in people on SNAP nationally, July 2025 to July 2026
5.5Mfewer people receiving SNAP than a year earlier
Arizona -51%the largest drop of any state
See the data: SNAP participation by state: July 2026 vs July 2025 →

Source: USDA Food and Nutrition Service, SNAP program data, Data as of October 9, 2026

Kwame Kuadey
Fact-checked against primary sources. Every figure in this piece was checked against the agency or study that publishes it, and independently verified on November 7, 2026. Last reviewed November 7, 2026. Spotted something? hello@benefitsinsider.co
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Next Chapter Today is not a government website and is not affiliated with the Social Security Administration or any agency. This article is educational and is not individualized legal, medical, tax or financial advice. Confirm your own figures with the agency before you act.

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