Appeals and Fair Hearings for SNAP in Virginia: How the Process Typically Works

If you live in Virginia and get SNAP (Supplemental Nutrition Assistance Program) benefits, you have the right to appeal certain decisions about your case. This is often called a fair hearing.

This guide from HowToGetAssistance.org explains, in plain language, how SNAP appeals and fair hearings in Virginia typically work, what deadlines to watch, and how to prepare. This site is not a government office and cannot take appeals or handle your case, but it can help you understand what to expect so you can work with official Virginia agencies more confidently.

What Is a SNAP Appeal or Fair Hearing in Virginia?

A SNAP appeal is a formal way of telling the state that you disagree with a decision about your food benefits and want a neutral hearing officer to review it.

In Virginia, SNAP is usually handled through your local Department of Social Services (DSS) or similar local benefits office. If you believe a decision about your SNAP case is wrong or unfair, you can typically:

• Ask for the decision to be reviewed (an appeal), and
• Have a fair hearing, where an independent hearing officer listens to both you and the agency.

A fair hearing is not a criminal court. It is an administrative process focused on whether the rules were applied correctly in your SNAP case.

When You Can Usually Appeal a SNAP Decision in Virginia

You can normally ask for a fair hearing if you disagree with an action (or lack of action) on your SNAP case. Common reasons include:

• Your SNAP application was denied
• Your SNAP benefits were cut, reduced, or stopped
• Your case was closed for a reason you believe is incorrect
• You disagree with the amount of benefits you were approved for
• The agency delayed a decision longer than allowed
• You are being asked to repay an overpayment that you believe is wrong or not your fault
• You believe your rights were not respected, such as language access or disability accommodations

If something feels off, you can typically ask your local DSS office for an explanation first. If you still believe the decision is wrong, a fair hearing is usually your next step.

Key Deadlines for SNAP Appeals in Virginia

Deadlines are critical. Specific numbers can vary slightly by situation and any updated rules, but commonly:

Because rules and time limits can change, it’s wise to:

• Read your SNAP notice carefully for specific deadlines
• Call your local DSS office or the state SNAP hotline to confirm the exact timeframes that apply to your case

How to Request a SNAP Fair Hearing in Virginia

The exact process can vary by county or city, but here are common ways Virginians can usually request a SNAP appeal or fair hearing:

1. By Mail or In Person

You can typically:

• Write a short letter saying you want to appeal or request a fair hearing
• Include:
  • Your full name
  • Your case number (if you have one)
  • Your address and phone number
  • A brief statement of what you disagree with (for example, “I am appealing the decision to terminate my SNAP benefits dated [date].”)
• Turn it in to your local DSS/benefits office
• Or mail it to the address listed on your SNAP notice for hearing requests

2. By Phone

Some local offices allow you to request a hearing by phone:

• Call your local Department of Social Services or the state SNAP hotline
• Tell them you want to request a fair hearing for your SNAP case
• Ask how they will document your request and if you need to follow up in writing

3. Online (If Available)

Virginia may provide an online benefits portal where you can manage SNAP and other benefits. Depending on the current system:

• You might be able to submit a message or appeal request through the portal
• Check the “Notices”, “Messages”, or “Appeals” section once you log into your official state benefits account

If you’re not sure how to find the official portal, you can:

• Call your local DSS office and ask for the official state benefits website
• Dial 211 for general resource information and ask how to locate the official Virginia SNAP site

⚠️ Important: HowToGetAssistance.org cannot accept or submit appeals for you. To start an appeal, you must use official state channels, like your local DSS, state hotline, or official online portal.

What to Include When You Request a SNAP Hearing

You don’t need a long legal document. However, including certain details can make things smoother:

• Your full name and date of birth
• Your SNAP case number (if it’s on your notice)
• Your mailing address and phone number
• The date of the notice you are appealing
• A simple statement that you want to appeal or request a fair hearing
• Whether you:
  • Need an interpreter (and for which language), or
  • Need disability-related accommodations (for example, large print notices, wheelchair access, or remote hearing options)

If you want to keep receiving your current SNAP amount while the appeal is pending, mention that you are requesting continued benefits pending the outcome, and file quickly (often within 10 days of the notice date).

What Happens After You Ask for a Fair Hearing?

Once you request a hearing, here’s what typically happens in Virginia:

1. Acknowledgment and Scheduling

• The agency (often the state hearings office or similar unit) usually sends you a written notice with:
  • The hearing date and time
  • Whether it’s in person, by phone, or by video
  • Instructions on how to participate or call in
• If the date doesn’t work, you may be able to ask to reschedule by contacting the number on your hearing notice as soon as possible.

2. Access to Your Case File

You usually have the right to:

• Review your case file before the hearing
• Request copies of documents the agency plans to use, such as:
  • Your application
  • Income verification
  • Notices they sent
  • Overpayment calculations (if any)

You can call your local DSS or the hearings office and ask how to view or get copies of your file.

3. Preparing Your Side

Before the hearing, many people:

• Review all notices and letters about their SNAP case
• Gather pay stubs, rent receipts, bills, and other paperwork to support their situation
• Write down a timeline of what happened (application date, phone calls, visits, changes in income, etc.)
• Make a list of questions or points they want to bring up

You can also ask someone to represent you, such as:

• A legal aid attorney
• A trusted friend or family member
• A community advocate

If you want representation, contact the hearings office or your local DSS and ask how to officially name your representative.

What the SNAP Fair Hearing Is Like in Virginia

The fair hearing is usually informal but structured. It generally includes:

Who Is There

• You (and your representative, if you have one)
• A hearing officer (neutral decision-maker)
• A representative from the local DSS or SNAP office

How the Hearing Usually Goes

1. Introduction

   • The hearing officer explains the purpose of the hearing, your rights, and the process.

2. Agency’s Side

   • The DSS representative explains the decision and the rules they followed.
   • They may share documents they used to make the decision.

3. Your Side

   • You can tell your story in your own words.
   • You can present documents, such as:
     • Pay stubs
     • Rent or mortgage statements
     • Utility bills
     • Medical expense records (if relevant to SNAP deductions)
   • You can ask questions of the DSS representative and respond to what they said.

4. Closing

   • Both sides may be allowed to briefly summarize their points.
   • The hearing officer typically doesn’t decide on the spot. Instead, they will review everything and mail a written decision.

You have the right to:

• Bring witnesses, if they have relevant information
• Ask for an interpreter
• Request reasonable accommodations if you have a disability

If you are unsure about your rights in the hearing, you can ask the hearing officer to clarify at the start.

After the Hearing: The Decision

The hearing officer will usually send you a written decision. This decision will typically:

• Summarize the facts of your case
• Explain the rules that were applied
• State whether the agency’s decision is upheld, changed, or reversed

If You Win the Appeal

If the decision is in your favor, the local DSS office usually must:

• Approve or restore SNAP benefits, or
• Adjust your benefit amount, or
• Correct the case records as ordered in the decision

If you requested continued benefits pending appeal and you win, your benefits generally continue as corrected going forward.

If You Lose the Appeal

If the original decision is upheld, you may:

• See no change to your benefits, or
• Have your SNAP reduced or ended as originally planned

If you received continued benefits during the appeal and lose, you might be asked to repay those extra benefits if the rules require it.

The decision letter usually explains:

• Whether you have any further appeal options, such as going to state court
• Any deadlines for that next step

For more guidance on what to do next, many people contact legal aid organizations in Virginia.

Common Reasons SNAP Cases Are Denied or Changed in Virginia

Understanding common issues can help you prepare for a hearing or avoid problems in the first place. Typical reasons for denials, reductions, or closures include:

• Income too high based on reported earnings
• Incomplete application or missing documents
• Failure to complete an interview (if required)
• Not reporting changes in income, household size, or residence
• Not recertifying on time
• Discrepancies between what you reported and other information sources

If you believe the agency miscalculated, didn’t count deductions, or used outdated information, a fair hearing can be a way to correct that.

Documents to Gather for a SNAP Appeal in Virginia

The documents you need depend on your situation. This table shows common documents that may help support your side:

Bring or submit copies, not your only originals, whenever possible. If you don’t have a document, explain that clearly at the hearing and describe why.

Can You Keep Getting SNAP While Appealing in Virginia?

In many cases, you can ask to keep receiving the same benefit amount while your appeal is pending, often called “aid continuing” or continued benefits.

This typically requires:

• Requesting a hearing by the deadline listed on your notice (commonly within 10 days of the date on the notice), and
• Specifically asking for your current benefit level to continue during the appeal

Be aware:

• If you lose the appeal, you may be responsible for repaying any extra benefits you received while the appeal was pending.
• If you win, your benefits should continue or be corrected without repayment.

The exact rules can depend on Virginia’s current policies and your case type. If you’re unsure, call your local DSS office and ask:

• “If I appeal this decision, can my SNAP benefits continue at the current level while I wait for the hearing decision?”

Getting Help With a SNAP Appeal in Virginia

You do not have to handle an appeal alone. Common sources of help include:

• Legal Aid Organizations
  Many areas in Virginia have legal aid offices that help low-income residents with public benefits issues. They may:

  • Advise you on your case
  • Help you prepare documents
  • Sometimes represent you in the hearing

• Community and Nonprofit Agencies
  Some community centers, faith-based organizations, or social service nonprofits can:

  • Help you read and understand notices
  • Assist with gathering documents
  • Help you contact the correct state office

• 211
  By dialing 211, you can usually speak with someone who can:

  • Help you find local resources
  • Connect you to organizations familiar with SNAP issues in Virginia

When contacting any organization, clearly state:

How to Make Sure You’re Using Official Virginia SNAP Channels

Because scams do exist, it’s important to confirm you’re dealing with a real government office or trusted nonprofit, not a fake site or third-party fee service.

Here are some tips:

• Never pay a fee just to appeal a SNAP decision or to get a hearing
• Confirm phone numbers and addresses through:
  • Your SNAP notices
  • Your local DSS office
  • 211
• Make sure you are on the official state benefits website before entering personal information. Signs include:
  • A web address that ends in something commonly used by government, such as “.gov” or what your state officially uses
  • Clear references to the Commonwealth of Virginia and its agencies
• If someone contacts you asking for:
  • Your full EBT card number and PIN
  • Money to “speed up” your appeal
  • Gift cards or wire transfers
    Be cautious. Hang up and call your local DSS or state SNAP hotline using a number from your official notice.

If You Don’t Qualify or Lose Your SNAP Appeal

If you do not qualify for SNAP or you lose your appeal, you may still have options for food and financial support:

• Food Pantries and Food Banks
  Local charities and faith-based groups often provide free food without requiring SNAP.

• School Meal Programs
  Families with children may access free or reduced-price school meals through the local school district.

• WIC (Women, Infants, and Children)
  If you are pregnant, postpartum, or have a child under 5, you may qualify for WIC benefits through local health departments or WIC clinics.

• General Assistance and Emergency Support
  Some communities have emergency assistance funds, soup kitchens, or community meal programs.

For help finding these resources:

• Call 211
• Contact your local DSS office and ask about other food resources in your area

By understanding how appeals and fair hearings for SNAP in Virginia typically work, you can better protect your rights and present your situation clearly to the officials who make decisions. To move forward, use the contact information on your official SNAP notice, your local Department of Social Services, the state SNAP hotline, or trusted local resources such as legal aid and 211.