If your SNAP application was denied, your benefits were cut, or your case was closed and you think the state got it wrong, you have a legal right to a fair hearing. A fair hearing is an appeal in front of an impartial hearing officer who did not make the original decision. It is free, you do not need a lawyer, and it is often held by phone.
Two deadlines matter most: you have 90 days to ask for a hearing, but if you ask within the notice period, usually 10 days, your benefits can continue at the old amount while you wait. This guide explains both, the full process, how to prepare, and what happens after the decision. It is part of our SNAP and EBT guides.
When you can ask for a hearing
The rules are in federal regulation 7 CFR 273.15. You can request a hearing about any action or failure to act that affects your SNAP, including:
| Situation | Examples |
|---|---|
| Denial | Application denied for income, missed interview, missing documents, student rule, immigration status |
| Reduction | Benefit lowered after a change or at renewal |
| Termination | Case closed, including under the work time limit |
| Delay | State did not decide within 30 days, or within 7 days for expedited cases |
| Amount | You believe your deductions or income were figured wrong |
| Claims | State says you were overpaid and must repay (see SNAP reporting changes) |
You can also ask for a hearing if your state did not screen you for expedited SNAP or wrongly said you did not qualify.
The key deadlines
| Deadline | What it means |
|---|---|
| Before the change takes effect (at least 10 days after the notice is mailed) | Request by then and benefits usually continue at the current amount until the decision, unless your certification period ends first |
| 90 days from the action | Last day to request a hearing at all |
| 60 days from your request | State must hold the hearing, decide and send you the decision |
| 10 days after a decision in your favor | State must correct your benefits (or sooner in some cases) |
If you keep benefits during the appeal and lose, the state can ask you to repay the extra benefits. You can choose not to continue benefits to avoid that risk.
How to request a fair hearing
- Read your notice. It must state the action, the reason, the rule used, and how to appeal.
- Ask for the hearing by phone, in writing, or in person at your SNAP office, or through your state’s online portal if it offers one. A simple statement works: “I want a fair hearing about my SNAP denial dated October 5.”
- Say if you want benefits to continue. Ask for this when you request the hearing, before the change date on your notice.
- Get confirmation. Note the date, time and the name of the person you spoke with, or keep a copy of your letter.
- Watch your mail for the hearing date, time and format (phone, video or in person).
Your state’s SNAP office phone number is in our how to apply for SNAP guide.
Before the hearing: the agency conference
Many states offer an informal meeting, called an agency conference, with a supervisor before the hearing. It can fix clear mistakes fast, such as a lost document. If your case involves expedited service, the conference must be held within 2 working days if you ask for it. A conference does not replace your hearing; your hearing stays scheduled unless you withdraw it in writing.
How to prepare
- Ask for your case file. You have the right to see the documents the state used, before and during the hearing.
- Gather proof: pay stubs, rent receipts, medical bills, doctor’s statements, school or work-hour records, and any letters you sent.
- Write a short timeline of what happened and why the decision is wrong.
- Bring witnesses if someone can confirm facts, such as an employer or landlord.
- Get help. You may bring a representative, a friend, a relative or a legal aid advocate. Legal aid offices often help with SNAP appeals for free.
- Ask to reschedule if you cannot attend. You can usually postpone once for a short time.
What happens at the hearing
| Step | What happens |
|---|---|
| Opening | The hearing officer explains the process and swears in witnesses |
| State’s case | The caseworker explains the action and the rules used |
| Your case | You explain what is wrong, show documents, and call witnesses |
| Questions | You may question the state’s witness and respond to evidence |
| Closing | The officer ends the hearing; decisions are sent in writing |
Most hearings take under an hour. Speak plainly and focus on facts: numbers, dates and what you sent.
Examples
| Case | Likely outcome |
|---|---|
| Denied for missing pay stubs that were uploaded on time; you have the upload confirmation | Strong case; often fixed at the agency conference |
| Benefit dropped because internet bills no longer count as a shelter cost under the 2025 law | Weak case; the state followed the new rule |
| Case closed under the work time limit, but you are pregnant and never told the state | Tell the state now; exemptions apply once reported, and the hearing can review the months in dispute |
| Denied under the student rule, but you work 22 hours a week | Strong case with pay stubs; see SNAP for college students |
After the decision
- If you win, the state must fix your case and restore any benefits you should have received.
- If you lose, the decision explains further appeal options, such as a state agency review or court. Deadlines are short, so act quickly.
- If you do not agree with the amount even after winning, check the math with our SNAP benefit amounts guide.
You can always reapply while an appeal is pending. See how to apply for SNAP.
Frequently asked questions
Does asking for a hearing hurt my case? No. It is your right and cannot be held against you.
Can I appeal a cut caused by a new law? You can, but hearings decide whether the state applied the rules correctly, not whether the law is fair.
What if I missed the 90 days? Reapply. If you believe you were wrongly denied, a legal aid office can review your options.
Is a hearing the same for Lifeline? No. Lifeline is a separate federal program with its own process; see Lifeline application denied.
For the basics, read what SNAP is. If your case closed because you missed a renewal, see SNAP recertification; if you do not meet the work rule, see SNAP work requirements.
Sources: eCFR: 7 CFR 273.15 (fair hearings), eCFR: 7 CFR 273.2 (processing standards), USDA: SNAP eligibility, USDA: SNAP state directory.