How to Request a SNAP Appeal or Fair Hearing in North Dakota

When your SNAP (Supplemental Nutrition Assistance Program) benefits in North Dakota are denied, reduced, closed, or delayed, you usually have the right to appeal and ask for a fair hearing. This is a formal way to have your case reviewed by someone who was not involved in the original decision.

This guide explains, in plain language, how SNAP appeals and fair hearings in North Dakota typically work, what to expect, and how to take the next step through official state channels.

Understanding SNAP Appeals and Fair Hearings in North Dakota

What is a SNAP appeal?

A SNAP appeal is your way of saying you think the North Dakota SNAP office made a mistake about your case. Common issues include:

• Your application was denied
• Your benefit amount is lower than you believe it should be
• Your case was closed or benefits stopped
• You received a notice of overpayment you believe is wrong
• Your case is delayed and you believe you qualify

When you appeal, you are asking for a fair hearing.

What is a fair hearing?

A fair hearing is a legal but informal meeting (often by phone or sometimes in person) where:

• You (and anyone helping you) can explain why you disagree with the decision.
• The agency explains how they decided your case.
• A hearing officer (who did not make the original decision) reviews the facts and the rules.
• The hearing officer issues a written decision that can uphold, change, or reverse the original decision.

Your Rights in the North Dakota SNAP Appeal Process

If you are a SNAP applicant or recipient in North Dakota, you typically have the right to:

• Request an appeal/fair hearing about most SNAP decisions or delays.
• See your case file and copies of documents the agency used to decide your case.
• Present evidence (pay stubs, bills, letters, etc.) and bring witnesses.
• Bring a representative, such as:
  • A friend or family member
  • An advocate or social worker
  • A legal services or private attorney
• Use an interpreter at no cost if you do not speak English well.
• Request accommodations if you have a disability that affects your ability to participate.

If you are unsure about your rights, you can ask your local county social services office or contact local legal aid for guidance.

Deadlines: How Long You Have to File an Appeal

Deadlines are critical in SNAP appeals. In North Dakota, the timeline often looks like this:

*Exact deadlines may vary and can change over time. Always read your official notice carefully and confirm with your local SNAP office.

⚠️ Tip: Do not wait. If you plan to appeal, try to submit your request as soon as possible, ideally in writing.

Can Your SNAP Benefits Continue During the Appeal?

If your current SNAP benefits are being reduced or stopped, you may be able to keep getting your previous benefit amount while the appeal is pending, but only if:

• You request the hearing before the change takes effect, or
• You request the hearing within a short period after the notice (often around 10 days from the date of the notice in many states).

This is sometimes called “continuation of benefits”.

Important points:

• If the hearing officer later agrees with the agency, you may need to repay the extra benefits you received during the appeal.
• If the hearing officer rules in your favor, your benefits may be restored or increased and back benefits may be issued.

Check the back page or fine print of your notice or call your county social services office to ask whether you qualify for continued benefits during the appeal.

Common Reasons People Request a SNAP Fair Hearing in North Dakota

People often request a hearing when they believe that:

• Income or household size was calculated incorrectly
• Deductions (like rent, utilities, medical expenses, or child care) were not counted
• A sanction or disqualification was applied unfairly
• A fraud or intentional program violation determination is wrong
• Their citizenship or immigration status was misunderstood
• The agency did not process changes they reported
• There is an unreasonable delay in processing their application or recertification

If the decision does not match your understanding of the SNAP rules or your real situation, an appeal may be appropriate.

How to Request a SNAP Appeal/Fair Hearing in North Dakota

The exact process can vary slightly by county, but most people in North Dakota can request a hearing in several ways.

1. By Writing (Recommended)

Most notices from the North Dakota Department of Health and Human Services (or county social services) include instructions on how to appeal. Typically, you can:

• Complete the appeal or fair hearing section on the back of the notice, or
• Write a short letter that includes:
  • Your full name
  • Your case number or Social Security number (if requested)
  • Your address and phone number
  • A statement such as:
    “I am requesting a fair hearing about the decision on my SNAP case dated [notice date].”
  • Your signature and the date

You can usually mail, fax, or sometimes deliver this letter to:

• Your county social services office, or
• The state office listed on your notice

Check your notice for exact mailing and fax information.

2. By Phone

Some people choose to request a hearing by calling:

• Their local county social services office, or
• The state SNAP office or appeals unit, if listed on the notice

If you request a hearing by phone:

• Ask the worker to confirm in writing that your hearing request was received.
• Write down:
  • The name of the person you spoke with
  • The date and time of the call
  • Any confirmation number given

3. In Person

You can usually go to your local county social services office and say you want to appeal a SNAP decision or request a fair hearing. Staff can:

• Provide the correct forms (if used in that county)
• Help you submit a written request

Ask for a copy or receipt of whatever you sign and turn in.

What to Say When You Request the Hearing

You do not have to explain everything in detail in the request, but it helps to:

• Refer to the date and type of notice (for example: “notice dated February 3 about closing my SNAP case”).
• Say briefly why you disagree (for example: “My income is lower than listed,” “My rent was not counted,” “I reported my job loss,” etc.).

You can provide full details and evidence during the hearing.

Documents to Gather Before Your North Dakota SNAP Hearing

The hearing officer will base their decision on evidence and SNAP rules. You can strengthen your case by gathering:

Identification and case details

• Your SNAP case number
• A copy of the notice you are appealing
• Any letters or emails about your SNAP case

Income and employment

• Pay stubs (including for jobs you recently started or lost)
• Employer letters about hours, wage changes, or job loss
• Proof of unemployment benefits, Social Security, or other income

Household and expenses

• Lease or rent receipts
• Utility bills (electric, gas, water, trash, phone if relevant)
• Child care bills or provider statements
• Child support payment or order documents
• Medical expense receipts and bills (for elderly or disabled household members, if allowed)

Other helpful documents

• Copies of the SNAP application or recertification forms you submitted
• Notes or records of phone calls or visits with the agency (names, dates, what was discussed)
• Any letters from landlords, employers, or service providers that support your explanation

Bring originals and copies if possible. You may need to send copies to the hearing officer and the SNAP agency before the hearing if directed.

What Happens After You Request a Fair Hearing?

1. Confirmation of Your Hearing Request

After you request an appeal, you should receive a written notice telling you:

• That your hearing request was received
• The date, time, and location of the hearing (or phone/video call details)
• How the hearing will be held:
  • In person at a local or state office, or
  • By phone or video conference
• How to request rescheduling, interpretation, or disability accommodations

If you do not receive anything within a reasonable time, contact your local SNAP office or the appeals unit listed on your previous notice to verify your request is on file.

2. Access to Your Case File

You can usually:

• Ask to review your case file before the hearing
• Request copies of documents that the agency used to decide your case

You may need to call your county social services office to arrange a time to review the file, or ask that copies be mailed or faxed to you.

3. Pre-Hearing Resolution (Optional)

Sometimes, once you request a hearing:

• A supervisor or worker may contact you to review your case.
• If they agree a mistake was made, they may correct it without a hearing.
• If you are satisfied, you can withdraw your hearing request in writing.

Do not withdraw your hearing request unless you are sure the correction is complete and you have confirmation in writing.

What to Expect During the SNAP Fair Hearing

Who will be there?

Typically, the hearing includes:

• You, the SNAP applicant or recipient
• Anyone you bring to help or represent you
• A hearing officer (neutral decision-maker)
• One or more SNAP agency representatives

How the hearing usually works

While procedures can vary, a typical hearing in North Dakota may follow this pattern:

1. Introduction

   • The hearing officer explains the hearing process and the issue being decided.
   • Everyone identifies themselves for the record.

2. Agency’s explanation

   • The SNAP office explains why they made the decision.
   • They may refer to SNAP rules and documents in your case file.

3. Your side of the story

   • You can tell your version of what happened.
   • You can show documents, share details, and correct any information you believe is wrong.

4. Questions

   • The hearing officer may ask you and the agency clarifying questions.
   • You may be able to ask questions of the agency representative.

5. Closing

   • You and the agency can make short final statements.
   • The hearing officer will explain what happens next and how the decision will be sent.

Hearings usually feel less formal than a courtroom but still follow a structured process. The hearing may be recorded.

After the Hearing: Decision and Next Steps

The decision

After reviewing the evidence and SNAP rules, the hearing officer will issue a written decision that is mailed to you. The decision may:

• Agree with the agency and uphold the decision, or
• Disagree with the agency and order changes, or
• Partially agree/partially disagree (for example, adjusting the benefit amount but not fully as requested)

The decision usually explains:

• The facts the officer relied on
• The rules used to decide your case
• The final outcome and any actions the agency must take

If you win

If the decision is in your favor, the SNAP agency may be required to:

• Reopen your case
• Increase your benefit amount
• Restore or issue back benefits for months you should have received more
• Correct an overpayment or remove a sanction

If the changes do not show up in a reasonable time, contact your local office and refer to the hearing decision.

If you lose

If the decision goes against you:

• The agency’s decision usually stays in place.
• If you received continued benefits during the appeal and lose, you may be asked to repay those extra benefits.
• You may have limited options to appeal further or request a review in a higher court, which often requires legal help.

If you disagree strongly with the hearing decision, consider contacting a legal services organization to ask about possible next steps.

Common Mistakes That Can Hurt a SNAP Appeal

Try to avoid these common issues:

• Missing the deadline to request a hearing
• Not updating your address, so you miss hearing notices
• Ignoring mail from the SNAP office or hearing unit
• Not showing up to the hearing (this can cause your appeal to be dismissed)
• Failing to send or bring documents that support your side
• Assuming the agency has all your latest information on income, rent, or household members

Whenever possible, keep copies of everything you submit and notes of any conversations with the agency.

Getting Help with a SNAP Appeal in North Dakota

You do not have to go through the appeal process alone. For support, you can:

• Contact your local county social services office to confirm the process and deadlines.
• Call 211 in North Dakota to ask about:
  • Legal aid organizations
  • Advocacy groups that assist with benefit appeals
• Reach out to legal services or civil legal aid programs in North Dakota that often help low-income individuals with public benefit issues.

When you contact these resources, ask specifically if they assist with SNAP appeals or fair hearings.

Verifying You’re Using Official North Dakota SNAP Channels

To keep your information safe and avoid scams, it helps to:

• Use phone numbers and addresses listed on:
  • Official state government websites
  • Official benefit notices you receive by mail
• Be cautious if:
  • A site asks for payment to file an appeal or speed up your case
  • You’re asked to share your Social Security number or EBT card PIN on an unfamiliar website
• When in doubt:
  • Call your county social services office directly using a phone number from a government directory or your mailed notice.
  • Ask, “Is this the correct office to request a SNAP fair hearing in North Dakota?”

Remember, HowToGetAssistance.org only provides general information. To file an appeal, request a hearing, or check your case, you must work through the official North Dakota SNAP offices and hotlines.

If You Don’t Qualify or Your Appeal Is Denied

If your SNAP benefits are denied or reduced and the appeal is not successful, you may still explore:

• Food pantries and food banks (often found by calling 211 or contacting local community centers, churches, or charities)
• Community meal programs or soup kitchens
• Other state or local assistance programs, such as:
  • TANF (Temporary Assistance for Needy Families)
  • WIC (for pregnant people, infants, and young children)
  • Emergency assistance programs through local charities or faith-based organizations

These resources are separate from SNAP and may have different rules and application processes.

By understanding how SNAP appeals and fair hearings work in North Dakota, keeping track of deadlines, and using your right to present evidence and be heard, you can give yourself the best chance of having your case reviewed fairly through the official state process.