How to Request a SNAP Fair Hearing or Appeal in New York

If you live in New York and your SNAP (Supplemental Nutrition Assistance Program) case was denied, reduced, or closed, you might have the right to ask for an appeal, also called a fair hearing. This article explains how that process typically works in New York, what to expect, and how to prepare.

HowToGetAssistance.org is an independent information site. It is not a government agency, does not handle applications, and cannot file appeals or fair hearing requests for you. All formal actions must be done through official New York State or local social services offices.

SNAP Fair Hearings in New York: The Basics

In New York, when you disagree with a decision about your SNAP benefits, you can usually ask for a fair hearing. A fair hearing is a formal meeting where:

• An independent hearing officer reviews your case.
• You and the social services agency (often the local Department of Social Services or Human Resources Administration (HRA) in New York City) can present evidence.
• The hearing officer makes a written decision that can change, confirm, or send back the agency’s decision.

Typical issues people request fair hearings for include:

• SNAP application denials
• Benefit reductions or cuts
• Case closures
• Overpayment or recoupment claims (when the agency says you were overpaid and must repay)
• Disputes about household size, income counts, or deductions
• Alleged sanctions or rule violations

The fair hearing process for SNAP in New York is usually run by the New York State Office of Temporary and Disability Assistance (OTDA).

When You Can Ask for a Fair Hearing

You generally have the right to request a fair hearing any time the agency makes a negative action on your SNAP case, such as:

• Denying your SNAP application
• Lowering your benefit amount
• Stopping your benefits
• Denying a requested change (for example, not adding a household member)
• Deciding that you owe money back to SNAP
• Finding that you failed to comply with certain rules (like work requirements) and applying a sanction

The decision is usually explained in a notice of decision (sometimes called a “notice of adverse action” or “notice of determination”) that is mailed to you or provided through an official portal. This notice typically includes:

• What the agency decided
• Why they made this decision
• The effective date of the change
• How to request a fair hearing
• Deadline to request the hearing

If you did not receive a clear notice, you can contact your local social services office or SNAP office and ask for a copy of your notice and information about how to appeal.

Important Deadlines for SNAP Fair Hearings in New York

Deadlines are critical. If you miss the deadline, you may lose your right to a hearing.

Typical timelines in New York include:

• To challenge a SNAP denial, reduction, or closure:
  Often 90 days from the date on the notice. Check your notice for the exact deadline.

• To keep your benefits going while you appeal (aid continuing):
  You may need to request the hearing before the effective date of the change, or within a shorter timeframe such as 10 days from the date of the notice. Your notice should spell this out.

If your notice is late, confusing, or never arrived, you can explain that when you request the hearing. The hearing office may consider whether you had good cause for a late request, but that is not guaranteed.

How to Request a SNAP Fair Hearing in New York

You cannot request a fair hearing through HowToGetAssistance.org. You must go through official New York State channels.

In New York, people can typically request a SNAP fair hearing in one of these ways:

1. Online (official fair hearing portal)
   New York State usually provides an official online request form for fair hearings. You can find it through the Office of Temporary and Disability Assistance (OTDA) website. Look for a section about “Fair Hearings” or “Appeals.”

2. By phone
   There is often a state fair hearing request line operated by OTDA. You can call to:

   • Request a hearing
   • Ask general questions about scheduling
   • Confirm if your request was received

   Phone numbers can change, so check the official OTDA or SNAP information line or your notice of decision for the current number.

3. By mail or fax
   Many New Yorkers still request hearings by:

   • Sending a written hearing request to the address listed on their notice
   • Including their name, case number, address, phone number, and a copy of the notice if possible
   • Explaining which decision they are appealing

   The mailing address or fax number should be printed directly on your notice.

4. In person at a local office
   Some people go to their local Department of Social Services office or SNAP center and ask staff how to request a fair hearing. Staff may:

   • Help you submit a request
   • Provide forms
   • Direct you to the official fair hearings office

Information to Include in Your Fair Hearing Request

To avoid delays, it usually helps to provide:

• Your full name
• Case number or client ID (from your EBT card or notices)
• Address and a phone number where you can be reached
• A copy of the notice of decision you disagree with
• A short statement of what you disagree with (for example, “I disagree with the SNAP benefit reduction effective May 1.”)
• Whether you need an interpreter and for which language
• Whether you need a reasonable accommodation (for example, disability-related accommodations)

Keeping Your SNAP Benefits During an Appeal (“Aid Continuing”)

In some situations, New York allows you to keep receiving your current benefit amount while the appeal is pending. This is often called “aid continuing.”

Key points:

• You typically must request the hearing by the deadline listed on your notice, often before the date the change takes effect.
• If you qualify, your benefits may stay at the old level until:
  • The hearing is held, and
  • A decision is issued

However:

• If the hearing officer upholds the agency’s decision, you may be asked to repay the extra benefits you received during the appeal period.
• If you are unsure whether to ask for aid continuing, you may want to consult a legal aid organization or advocate for advice.

Your notice should explain how to request aid continuing and any risks involved.

How to Prepare for Your SNAP Fair Hearing

Preparing carefully can help you present your side clearly and calmly.

Gather Your Documents

Common documents that may help include:

• The notice you are appealing
• Letters, emails, or messages from the SNAP office
• Proof of income:
  • Recent pay stubs
  • Unemployment benefit records
  • Social Security benefit letters
  • Child support documentation
• Rent or housing documents:
  • Lease or rent receipt
  • Mortgage statement
  • Utility bills (for heat, electricity, gas, etc.)
• Child care or dependent care receipts
• Medical expense receipts or bills (if you are elderly or have a qualifying disability and claim medical deductions)
• Proof of household size:
  • Birth certificates, school records, or other documents showing who lives with you
• Any written notes about conversations with caseworkers (dates, names, what you were told)

You do not need every document on this list. Focus on evidence that supports your position and helps correct misunderstandings about your income, household, or expenses.

Write Down Your Story

It can be helpful to:

• List major points you want to make
• Note any errors in the agency’s information, such as:
  • Wrong income amount
  • Incorrect household size
  • Deductions not counted
• Write down dates of important events (when you applied, when you reported a change, when your benefits changed)

Having notes can help you stay organized during the hearing.

Get Representation or Support (If You Want)

You have the right to represent yourself, but you may also have:

• A lawyer
• A legal aid advocate
• Another authorized representative such as a friend, family member, or social worker (if allowed by the state rules)

Many New Yorkers contact:

• Legal aid organizations
• Local bar association referral services
• Community or advocacy groups familiar with SNAP

You can also dial 211 in many areas to ask about free or low-cost legal help for public benefits issues.

What Happens at the SNAP Fair Hearing

Fair hearings in New York may be held:

• By phone
• By video
• In person at a hearing office (less common recently but still possible in some situations)

Your hearing notice will tell you:

• Date and time of the hearing
• Whether it is phone, video, or in-person
• How to join (phone number, access code, location, or online link)
• How to send documents ahead of time

What You Can Expect

At the hearing, usually:

1. Introduction

   • The hearing officer explains the process.
   • Everyone involved introduces themselves (you, your representative, the agency’s representative).

2. Review of the issue

   • The hearing officer states what decision is being appealed.
   • They may confirm your contact information and any requested accommodations.

3. Agency presentation

   • A representative of the SNAP agency explains their decision.
   • They may present documents like your application, case notes, or income calculations.

4. Your side of the story

   • You or your representative can respond and explain why you think the decision is wrong.
   • You can present documents, witnesses, or your own testimony.
   • You can ask the agency representative questions.

5. Closing

   • The hearing officer may ask final questions.
   • You can make a brief closing statement if you want.
   • The hearing officer does not usually decide on the spot; a written decision is mailed later.

You have the right to:

• See and respond to the evidence the agency uses
• Ask questions of the agency’s representative
• Submit your own evidence
• Ask for an adjournment (postponement) in some circumstances, such as needing more time to gather documents (this is usually at the hearing officer’s discretion)

After the Hearing: The Decision

After the fair hearing, the hearing officer reviews everything and issues a written decision. It is usually mailed to you.

The decision may:

• Affirm (uphold) the agency’s action
• Reverse the agency’s decision and order them to:
  • Approve benefits
  • Increase your benefit amount
  • Restore wrongly stopped benefits
• Modify part of the decision
• Send the case back to the agency to look again with instructions (remand)

If the decision orders the agency to change your case, the local SNAP office typically has a set number of days to make the correction. If changes are not made, you can contact:

• The hearing compliance unit listed on your decision
• Your local SNAP office
• A legal aid organization for help enforcing the decision

You may also have the right to challenge the fair hearing decision in court through a procedure often called an Article 78 proceeding in New York. This is a court process and usually requires legal advice.

Common Reasons SNAP Decisions Get Challenged

Many people request fair hearings for issues such as:

• Income counted incorrectly

  • Overtime or temporary income treated as ongoing
  • Income from a former job counted after it stopped

• Deductions not applied

  • Rent, utilities, child care, or medical expenses for eligible households missing from the calculation

• Wrong household size

  • Someone in your home left out
  • Someone who does not live or eat with you counted incorrectly

• Failure to process documents

  • Proof of income, identity, or expenses sent on time but not recorded

• Incorrect overpayment claims

  • The agency says you owe money, but:
    • You already reported changes
    • The overpayment amount is wrong
    • The dates are wrong

You do not need to know the exact law or rule. You just need to clearly explain what happened and what you believe is wrong.

Typical Documents to Gather for a SNAP Appeal in New York

Here is a quick reference table of common documents that may be helpful, depending on your issue:

You do not need to provide every possible document. Focus on what directly proves your point.

If You Miss the Deadline or Do Not Want a Hearing

If you missed the appeal deadline or prefer not to go through a formal hearing, you still have some options.

Reapply or Ask for a New Determination

You can:

• Submit a new SNAP application if your situation has changed or enough time has passed.
• Report changes (such as a job loss, new household member, or increased expenses) and ask the local office to recalculate your benefits.

This does not change a past decision but may help going forward.

Informal Review or Supervisor Contact

Sometimes you can:

• Ask to speak with a supervisor at your local SNAP office.
• Request an informal review of your case, especially if you think:
  • A document was overlooked
  • There was a simple error

This is separate from a fair hearing and does not replace formal appeal rights, but it can sometimes resolve simple issues.

Where to Turn for Help With SNAP Appeals in New York

Since HowToGetAssistance.org is not an official agency and cannot handle individual cases, you may want to contact:

• Local SNAP or Department of Social Services office
  For: copies of notices, help understanding decisions, and basic information about fair hearing requests.

• New York State Office of Temporary and Disability Assistance (OTDA)
  For: fair hearing request options, scheduling questions, and hearing procedures.

• Legal aid and advocacy organizations
  For: free or low-cost legal advice, representation at hearings, and help understanding your rights.

• 211 or local information and referral lines
  For: referrals to food pantries, community programs, legal services, and other assistance if SNAP is delayed or denied.

How to Avoid Scams and Make Sure You’re Using Official Channels

When dealing with SNAP appeals and fair hearings in New York, it is important to:

• Use official phone numbers and addresses
  • Check your SNAP notices, your EBT card contact information, or the New York State government website.
• Be cautious of third-party websites that:
  • Ask for fees to “guarantee” approval or successful appeals
  • Request your full Social Security number, EBT card number, or PIN without being clearly official
• Never share your EBT PIN with anyone, including people who say they are “helpers” or “case managers” from unofficial sources.
• Look for .gov domains or clear references to New York State agencies when accessing online portals.

If something feels suspicious, you can:

• Call your local SNAP office directly using a number you find independently (for example, in a phone directory or on a government site).
• Ask a trusted nonprofit, community organization, or legal aid office to help you confirm that you are communicating with real government staff.

Understanding the SNAP fair hearing and appeal process in New York can feel complex, but knowing your rights, deadlines, and options puts you in a stronger position. When in doubt, review your notices carefully, gather your documents, and use official New York State and local social services offices for any formal requests or questions about your specific case.