I received a Notice of Overpayment of SNAP (Food Stamps). What should I do?
If you disagree with anything in the Notice of Overpayment, you should request a Fair Hearing in writing. The Notice of Overpayment will include information on how to appeal. You must appeal the overpayment within 90 days of the date on the notice. Keep a copy of your dated hearing request. If you appeal within 10 days, your benefits will remain the same during the appeal. If you lose the hearing, DCF will reduce your benefit amount by 10% until it recovers the overpaid amount. If you are not getting SNAP, you can enter into a repayment agreement with DCF.
If you agree that there is an overpayment, but cannot afford to repay it, you can request a Compromise. A Compromise is when the Department of Children and Families agrees to waive the overpayment and not make you pay it back. If you want to apply for a Compromise, you will need to explain in writing why you cannot pay back the amount you owe within 36 months. For example: “I am disabled and on a fixed income” or “I am in bankruptcy.” DCF will send you a Notice of Case Action on the Overpayment Issue. Information on where to send your Compromise or Request for Hearing is on that Notice.
DCF may ask you for proof of the financial circumstances that you say would prevent you from paying back the overpayment within 36 months. If DCF denies the Compromise, you can then request a Fair Hearing to appeal the Compromise denial. Be sure to write your name, address, case number, phone number, and the date on your request for Fair Hearing. Keep a copy for your records.
If you agree with the overpayment and do not want to request a Fair Hearing or Compromise, you can agree to pay back the overpayment by a 10% reduction in your current SNAP benefits. If you do not receive SNAP, you can offer to pay $25 a month, for example, until the overpayment is repaid.
Upcoming Legal Clinics
Apply for Services
If you live or have a case in Hillsborough, Manatee, Pasco, Pinellas or Sarasota counties, we may be able to help.