How to Appeal a SNAP Decision in Delaware: Fair Hearings Explained

If you live in Delaware and you disagree with a SNAP (Supplemental Nutrition Assistance Program) decision, you usually have the right to appeal and ask for a fair hearing. This guide explains how that process typically works in Delaware and how you can move forward through official state channels.

HowToGetAssistance.org is an independent information site. It does not take applications, handle appeals, or make decisions about benefits. To appeal or request a fair hearing, you must go through Delaware’s official SNAP agency or local office.

SNAP appeals and fair hearings in Delaware: The basics

When you apply for SNAP or already receive benefits, the state may make decisions you don’t agree with, such as:

• Denying your application
• Approving you for a lower benefit amount than expected
• Reducing, suspending, or closing your existing benefits
• Claiming you were overpaid and must repay benefits

In Delaware, you generally have the right to:

• Ask for an appeal, often called a fair hearing
• Have your case reviewed by a hearing officer who was not involved in the original decision
• Present evidence, bring witnesses, and explain why you think the decision is wrong

The fair hearing process is meant to give you a neutral, formal way to challenge SNAP decisions.

Common reasons Delaware SNAP decisions are appealed

People in Delaware often request SNAP appeals or fair hearings when they believe:

• Their income or expenses were calculated incorrectly
• The office misunderstood or did not receive certain documents
• Their household size was recorded incorrectly
• Medical, housing, or childcare expenses were not counted
• The office said they missed an interview or deadline they actually met
• They were given an overpayment notice they believe is wrong

You do not have to prove you’re right before you request a hearing. If you disagree with a decision, you can typically ask for a fair hearing and then provide your proof during the process.

Deadlines: How long you have to appeal in Delaware

Time limits are one of the most important parts of the SNAP appeal process.

While exact timelines can change, in many states, including Delaware, typical rules include:

• Appeals after a negative action (denial, reduction, or closure):
  Usually you must request a fair hearing within 90 days from the date on the official notice you received.

• Continuing benefits while you appeal:
  If your SNAP benefits are being reduced or stopped, you may be able to ask that benefits continue at the current level until the hearing decision is made.
  To do this, you often must request the hearing within 10 days of the date on the notice (or before the date the change takes effect).
  Be aware: if you lose the hearing, you might have to repay the extra benefits.

Always read your notice carefully. It should state:

• The reason for the action
• The effective date of the change
• How many days you have to appeal
• Whether you can keep getting benefits while the appeal is pending

If anything is unclear, you can call your local SNAP office or the state SNAP customer service line and ask them to explain your appeal deadline.

How to request a SNAP fair hearing in Delaware

In Delaware, you usually have several ways to request a fair hearing. The exact methods can change, so you should always check your notice or contact your local office to confirm.

Common options include:

1. Requesting by phone

You can usually call:

• Your local SNAP office, or
• A statewide customer service or appeals number listed on your notice

When you call, be ready with:

• Your full name
• Your case number or Social Security number (if requested)
• Your current address and phone number
• The date and type of notice you are appealing

Ask the staff to confirm that your hearing request has been recorded and write down:

• The date and time you called
• The name of the person you spoke with

2. Requesting in writing

Many people prefer to submit a written request so they have proof.

You can usually:

• Use any appeal request form that came with your notice, or
• Write a simple letter that says you want to appeal the decision

Your written request should include:

• Your name
• Your case number (if you know it)
• Your address and a phone number where you can be reached
• A sentence like: “I am requesting a fair hearing about the decision dated [date of the notice].”
• Your signature and the date

You may be able to:

• Mail it to the address on your notice
• Drop it off at your local SNAP office
• Fax it to the number listed on your notice

If you hand-deliver it, you can ask for a stamped copy or receipt showing the date.

3. Requesting online (if available)

Some states, including Delaware, may offer an online benefits portal where you can:

• View notices
• Submit information
• Sometimes request a hearing

If your notice mentions an online portal:

• Log in using your official portal account
• Look for a section on appeals, fair hearings, or case actions
• Follow the steps to submit a hearing request

If you are unsure whether a website is official, look for:

• A .gov web address, or
• Clear references to the State of Delaware and official agency names

What happens after you request a fair hearing

After you request a SNAP fair hearing in Delaware, several steps typically follow:

1. Confirmation and scheduling

You should receive a written notice telling you:

• That your hearing request was received
• The date, time, and location of the hearing, or information for a phone or video hearing
• How to ask for a reschedule if you cannot attend the scheduled time

If you don’t receive anything after a reasonable amount of time, you can call your local SNAP office or the number on your last notice to check on the status.

2. Pre-hearing review (informal resolution)

Sometimes the agency may:

• Review your case again after you file an appeal
• Contact you to clarify information or request more documentation
• Try to resolve the issue informally if they find a mistake or missing information

If the agency changes its decision in your favor, you can decide whether you still want to go forward with the hearing or cancel it. If you agree with the new decision, make sure you receive written confirmation.

3. Getting your case file

You usually have the right to review your case file before the hearing. That may include:

• Your application
• Copies of pay stubs, bills, and other documents you provided
• Notes from eligibility interviews
• The agency’s calculations and explanation of its decision

You can ask:

• Your local office to let you view or copy your case file
• Whether there is a fee for copies or if they can send them to you by mail, fax, or email

Reviewing your file helps you see:

• Whether information is missing or wrong
• What the agency is using to calculate your benefits

Preparing for your SNAP fair hearing in Delaware

Preparation can make a big difference. Here are common steps people take:

Gather documents and evidence

Collect anything that supports your case, such as:

• Proof of income
  • Pay stubs, employer letters, unemployment benefit statements
• Rent or mortgage
  • Lease, rent receipts, mortgage statements
• Utility bills
  • Electric, gas, water, sewer, trash, heating fuel
• Childcare expenses
  • Receipts, provider statements
• Medical expenses (for elderly or disabled household members)
  • Pharmacy printouts, doctor bills, insurance premium statements
• Proof of household size
  • Birth certificates, custody papers, school records, or other documents as needed
• Any letters or notices you received from the SNAP office

Organize these by topic so you can easily explain them during the hearing.

Prepare your explanation

It can help to:

• Write down a short, clear summary of what happened
• Note dates (when you applied, when you submitted documents, when you got notices)
• List the main reasons you believe the decision was wrong

For example:

• “The worker’s calculation did not include my high rent of $X per month.”
• “I submitted pay stubs on [date], but the decision notice says I did not provide proof of income.”
• “They counted a household member who moved out and no longer lives with me.”

Consider getting help or representation

You usually have the right to bring someone to help you, such as:

• A family member or friend
• An advocate or case manager
• An attorney or legal aid representative

In Delaware, civil legal aid organizations sometimes assist with SNAP appeals, especially for low-income households. You can:

• Call 211 to ask for referrals to local legal services
• Ask your local SNAP office whether they have a list of free or low-cost legal resources

You are not required to have a lawyer, but it can be helpful if your case is complex or involves an overpayment.

What the SNAP fair hearing is like

A SNAP fair hearing in Delaware is less formal than a court trial, but it is still a legal process with rules.

How the hearing may be held

Hearings may be:

• In-person, at a designated state or county office
• By phone, where you and the agency both call in
• By video, through an approved video platform

Your hearing notice should explain:

• How the hearing will be held
• Whether you need to call in, join a link, or come to a location

If you need accommodations (such as an interpreter or disability-related support), you should:

• Contact the number on your hearing notice
• Ask for assistance before the hearing date

Who will be there

Typically, you can expect:

• A hearing officer (neutral decision-maker)
• A representative from the SNAP agency (caseworker or agency staff)
• You, and any witnesses or representatives you bring

The hearing officer should explain the process and ensure each side has a chance to speak.

What happens during the hearing

In many Delaware SNAP fair hearings, the general flow is:

1. Introduction

   • The hearing officer explains the purpose and reviews everyone’s roles.

2. Agency’s explanation

   • The SNAP representative explains how they made the decision and what rules they used.
   • They may present documents from your case file.

3. Your side of the story

   • You (or your representative) explain why you disagree.
   • You can show your documents and refer to your notes.
   • You can ask questions about the agency’s evidence.

4. Questions from the hearing officer

   • The officer may ask you and the agency clarifying questions.

5. Closing statements

   • Each side may be allowed to give a short summary of their position.

You are usually allowed to:

• Present witnesses (for example, a landlord, employer, or family member)
• Request that certain documents be included in the record
• Ask the hearing officer to explain any rules you don’t understand

After the hearing: Decisions and possible outcomes

Getting the decision

After your SNAP fair hearing in Delaware:

• The hearing officer will review the evidence and testimony
• A written decision will be mailed to you

The decision usually includes:

• A summary of the facts and issues
• The relevant rules or policies
• The hearing officer’s findings
• Whether the original decision is upheld, changed, or reversed

Possible outcomes

Common results include:

• Decision in your favor

  • Your SNAP benefits may be approved, increased, or reinstated.
  • If you were underpaid, you may receive back benefits for the period you were incorrectly denied or reduced, up to allowed limits.

• Decision partly in your favor

  • The agency may adjust some parts of your case but not others.

• Decision upholding the agency

  • The original denial, reduction, closure, or overpayment may stand as is.

If you lost and received continued benefits while appealing, you may be required to repay the difference between what you received and what you should have received under the final decision.

If you disagree with the hearing decision

The hearing decision letter should explain:

• Whether you have any further appeal or review options
• Any deadlines for taking that next step

In some cases, you might be able to seek further review through:

• An administrative appeal or
• A court action (usually with the help of an attorney)

Contacting a legal aid organization or private attorney can help you understand what options apply to your specific situation.

Keeping your SNAP benefits during an appeal

In Delaware, and in many other states, you may be able to keep receiving benefits while your fair hearing is pending, but this comes with important considerations.

When continued benefits may be available

You may qualify for continued benefits if:

• You are already receiving SNAP, and
• You received a notice saying your benefits will be reduced or stopped, and
• You request a hearing within a short deadline (often 10 days from the notice date, or before the date the change takes effect)

Always check your specific notice for:

• Whether you are eligible for continued benefits
• The exact deadline to request them

Possible risk: Repayment

If you receive continued benefits and the final decision supports the agency, you might have to:

• Repay the extra benefits you received during the appeal period

The decision letter or your caseworker can usually explain:

• Whether you owe anything
• How repayments, if any, might be handled

Documents that are often important for SNAP appeals

Here is a quick summary of documents that commonly matter in a Delaware SNAP fair hearing:

Bringing organized copies of these items to your hearing (or sending before the hearing, if instructed) can help the hearing officer see your side clearly.

Common SNAP mistakes that lead to denials or reductions

Understanding common problem areas can help you both prepare your appeal and avoid issues in the future:

• Missing documents

  • Not providing all requested proof by the deadline

• Unreported changes

  • Not reporting a change in income, household members, or address when required

• Incorrect or incomplete forms

  • Leaving blanks, forgetting to sign, or not updating information

• Communication issues

  • Letters mailed to an old address
  • Missed phone calls or interview appointments

• Misunderstood rules

  • Confusion about which household members should be counted
  • Not knowing that certain expenses can be deducted

If you believe any of these issues led to your decision, explain that clearly during your hearing and show any evidence you have.

If you do not qualify or lose your appeal: Other food resources

If your SNAP appeal in Delaware is denied or you do not qualify for SNAP, there may still be other resources to help with food needs:

• Food pantries and food banks

  • Community organizations and churches often run local pantries.
  • You can call 211 to ask where to find food assistance in your area.

• Community meal sites

  • Some locations offer free or low-cost prepared meals on certain days.

• WIC (Women, Infants, and Children)

  • If you are pregnant, postpartum, or have children under age 5, you may qualify for WIC, which is separate from SNAP.
  • Contact your local WIC office for details.

• School meal programs

  • Families with school-age children can ask their school district about free or reduced-price breakfast and lunch programs.

These options do not replace SNAP, but they can help bridge the gap if you are waiting on a decision or do not qualify.

How to make sure you’re using official Delaware SNAP channels

Because SNAP deals with sensitive personal information, it’s important to be sure you are dealing with official government offices, not scams.

Here are ways to verify:

• Check the web address

  • Official state sites typically use “.gov”.
  • Avoid entering personal information on websites that do not clearly belong to a government agency.

• Call official numbers from trusted sources

  • Use phone numbers listed on:
    • Official SNAP notices you received by mail
    • The State of Delaware main government directory
    • Information you get by calling 211

• Never pay application or appeal fees

  • SNAP applications and appeals are generally free.
  • Be cautious of anyone requesting payment to apply, appeal, or “guarantee” approval.

• Protect your personal information

  • Only share your Social Security number, date of birth, or case details with:
    • The official SNAP agency,
    • Recognized legal aid organizations, or
    • Other trusted, verified partners you know are legitimate.

If you are unsure whether you are on an official site or speaking with an official office, you can call 211 or look up Delaware state government contact information through trusted offline sources and confirm before sharing personal details.

By understanding how SNAP appeals and fair hearings work in Delaware, you can decide whether to challenge a decision and know what steps to take through official state channels. If anything is unclear, contacting your local SNAP office, the state SNAP customer service line, or a local legal aid organization can help you get guidance tailored to your specific situation.