How SNAP Appeals and Fair Hearings Work in West Virginia

If you live in West Virginia and your SNAP (Supplemental Nutrition Assistance Program) case is denied, reduced, closed, or you disagree with another decision, you may have the right to ask for an appeal or fair hearing.

This guide explains how SNAP appeals and fair hearings in West Virginia typically work, what to expect, and how to move forward through official state channels.

HowToGetAssistance.org is an informational website only. It is not a government agency, cannot take applications, appeals, or documents, and cannot make decisions on your case. For any official action, you must use your state’s official SNAP office, website, or phone lines.

SNAP Appeals and Fair Hearings in West Virginia: The Basics

What is an appeal or fair hearing?

In West Virginia, if you disagree with a decision about your SNAP benefits, you can usually ask for a fair hearing. This is sometimes called an appeal or a grievance.

A fair hearing is:

• A formal review of your SNAP case
• Conducted by an impartial hearing officer
• Your chance to explain your side, show documents, and argue why you think the decision is wrong

Common SNAP decisions people appeal include:

• Application denied
• Benefits reduced or cut off
• Overpayment notice (being told you owe money back)
• Sanctions or penalties
• Household size or income calculations you believe are incorrect

The appeal process does not guarantee a change in the decision, but it guarantees your right to be heard and reviewed.

Who Handles SNAP Appeals in West Virginia?

SNAP in West Virginia is administered by the West Virginia Department of Human Services (DHS) (sometimes still referred to as DHHR in certain materials) through local offices.

For appeals and fair hearings, your request is usually handled by:

• Your local county DHS office (for intake of your request), and
• A state-level hearing officer or hearings unit, which conducts the fair hearing

Because names and offices can change over time, it helps to verify the correct contact by:

• Calling your local DHS office
• Checking the official West Virginia benefits portal
• Calling the state SNAP or DHS customer service line

When You Can Request a SNAP Appeal in West Virginia

You can usually request a fair hearing if you disagree with:

• A denial of your SNAP application
• A decision to approve fewer benefits than you expected
• A reduction in your existing benefits
• A termination/closure of your SNAP case
• A finding that you owe an overpayment
• A delay in processing your application or recertification
• A decision about your household composition, income, or deductions

You do not have to know the exact law or regulation. You just need to say you disagree with the decision and want a fair hearing.

Important SNAP Appeal Deadlines in West Virginia

Exact timelines can change, so always confirm with your local office or the official state website. In many cases, people in West Virginia must:

• Request a hearing within about 90 days from the date on the notice for most SNAP decisions
• Request a hearing within about 10 days (or sometimes by the date on the notice) if they want to keep getting the same amount of benefits while the decision is appealed (this is often called “continuation of benefits”)

If you miss the deadline, you may lose your right to a hearing on that particular decision. If you think you’re close to the deadline, it’s usually better to submit a request right away and then gather more documents later.

How to Request a SNAP Fair Hearing in West Virginia

You cannot request an appeal through HowToGetAssistance.org. You must use official West Virginia channels.

In West Virginia, people typically can request a fair hearing in several ways:

1. In Writing

You can usually:

• Fill out the appeal or fair hearing section on the back of your notice, or
• Write a short letter stating:
  • Your name
  • Your address
  • Your case number or Social Security number (if asked)
  • That you want a fair hearing for your SNAP case
  • What decision you’re appealing (for example, “the reduction of my SNAP benefits in January”)

Then submit it to:

• Your local county DHS office, or
• The address listed on your official SNAP notice

2. By Phone

West Virginia often allows people to request a hearing by phone by calling:

• Your local DHS office, or
• A central customer service or SNAP hotline listed on your notice

If you request by phone, it’s helpful to:

• Write down the date and time of your call
• Ask for the name of the person you spoke with
• Ask if they can mail or email a confirmation of your hearing request

3. In Person

You can usually visit your local DHS office and tell the staff you want to appeal a SNAP decision or request a fair hearing.

You may be asked to:

• Fill out a short appeal form, or
• Sign the appeal section of your notice

You can ask for help completing the form if you have trouble reading, writing, or understanding it.

Key Documents to Gather for a SNAP Appeal

You do not have to have everything ready when you first request a hearing, but organizing documents can make your case stronger.

Common helpful documents include:

• Your SNAP notice
  • The letter that explains the decision and the reason for it
• Proof of income
  • Pay stubs
  • Self-employment records
  • Social Security or unemployment benefit letters
• Proof of expenses
  • Rent or mortgage statements
  • Utility bills
  • Child care receipts
  • Medical expense receipts (especially for older adults or people with disabilities, if relevant)
• Household information
  • Lease or letter showing who lives in your home
  • School enrollment letters for children, if relevant
• Any correspondence with DHS
  • Copies of forms you submitted
  • Notes from conversations with your caseworker
• ID and case number
  • Photo ID
  • Your SNAP or DHS case number

You can bring originals or copies to the hearing. It is usually a good idea to keep copies for yourself.

What Happens After You Request a SNAP Hearing in West Virginia

1. You Receive a Notice of Hearing

After you request a hearing, the state typically sends a written notice that includes:

• The date and time of your hearing
• Whether it will be in person, by phone, or by video
• How to submit evidence or documents
• How to reschedule if you have a conflict

Read this notice carefully. If the time does not work, call the number on the notice as soon as possible to talk about rescheduling.

2. You Can Review Your Case File

Before the hearing, you generally have the right to:

• See your SNAP case file
• Ask for copies of the documents the agency used to make its decision

You can usually request this through your local DHS office or the contact listed on your hearing notice.

What to Expect at a West Virginia SNAP Fair Hearing

A SNAP fair hearing in West Virginia is usually more informal than a court trial, but it is still a legal process.

Who is Usually There

• You (and your representative, if you have one)
• A hearing officer (an impartial decision-maker)
• Sometimes a DHS representative or caseworker
• Witnesses you or DHS may call, if any

Your Rights at the Hearing

At a SNAP hearing in West Virginia, you typically have the right to:

• Explain your side of the story
• Present evidence, such as documents and receipts
• Bring witnesses, such as a landlord, employer, or relative
• Ask questions of the DHS representative
• Have a representative, such as:
  • A friend or relative
  • A legal aid attorney or advocate
• Use an interpreter if you are more comfortable in another language or if you are deaf or hard of hearing (you can usually request this in advance)

You do not have to bring a lawyer, but you are allowed to. If you want legal help and cannot afford private counsel, you can contact:

• Legal aid organizations in West Virginia
• Local law school clinics
• Community organizations that provide benefits advocacy

How the Hearing Itself Usually Works

While procedures can vary slightly, hearings typically follow a general order:

1. Introduction

   • The hearing officer explains the process and confirms who is present.

2. Statement of the issue

   • The hearing officer states what decision is being reviewed (for example, “termination of SNAP benefits as of March 1”).

3. Agency’s explanation

   • A DHS representative may explain:
     • Why your benefits were denied, reduced, or closed
     • What rules or policies were applied

4. Your presentation

   • You explain why you believe the decision is wrong.
   • You show your documents and explain how they relate to the case.
   • You can ask questions of the DHS representative and respond to what they say.

5. Questions from the hearing officer

   • The hearing officer may ask both sides for clarification.

6. Closing

   • You and the DHS representative may make short final statements.
   • The hearing officer explains what happens next and when you can expect a decision.

Hearings often last from 30 minutes to an hour, but can be longer if the case is complex.

After the Hearing: Getting a Decision

After your SNAP fair hearing, the hearing officer will typically:

• Review the testimony, documents, and rules
• Issue a written decision that explains:
  • The facts they found
  • The law or policy applied
  • Whether the agency’s decision is upheld, changed, or reversed

You should receive this decision by mail. In some cases, there may be options for further review or appeal within the agency or through the courts, but that process is more complex and often requires legal advice.

What If You Requested “Continuation of Benefits”?

If you file your appeal within the time limit to keep receiving your current SNAP benefit amount while the appeal is pending, here’s what typically happens:

• Your SNAP benefits may continue at the previous level until the hearing officer makes a decision.
• If you win, your benefits usually continue correctly and you may receive back benefits if you were underpaid.
• If you lose, the state may say you were overpaid for the months you received continued benefits and may try to recover the overpaid amount.

This is why some people choose not to request continuation of benefits, especially if they are unsure they will win. If you’re uncertain, it can help to:

• Ask your local DHS office what continuation might mean for you, or
• Seek legal advice from a local legal aid group

Common Reasons SNAP Cases Are Denied or Reduced

Understanding why a decision was made can help you decide whether to appeal and what to bring to your hearing. Common reasons include:

• Missing documents or verification
  • Proof of income or expenses not received on time
• Income too high under SNAP rules
• Household composition issues
  • The agency believes someone lives with you that you did not list, or vice versa
• Failure to complete an interview
  • Phone or in-person interview not completed by the deadline
• Not completing recertification
  • Forms for renewing your case not returned or incomplete
• Work requirement issues
  • Not meeting SNAP work rules (for some adults without dependents), depending on current policies

If you believe the agency:

• Used incorrect information
• Misunderstood your household situation
• Did not consider certain deductions (like medical or shelter costs)

…then a fair hearing is your chance to explain and show proof.

Tips for Preparing a Strong SNAP Appeal in West Virginia

• Act quickly.
  • Watch your deadlines carefully and send your hearing request as soon as possible.
• Organize your papers.
  • Put your notice, pay stubs, bills, and other evidence in order.
• Write down your story.
  • Note key dates: when you applied, submitted documents, or spoke to your worker.
• Bring proof, not just explanations.
  • Concrete documents, like leases or bills, are often more persuasive than verbal statements alone.
• Ask for accommodations if needed.
  • If you need an interpreter or have a disability and need support, contact the office listed on your hearing notice to request help.
• Consider getting help.
  • Contact legal aid, community organizations, or disability advocacy groups if you want assistance.

If You Lose Your SNAP Appeal

If the hearing decision goes against you, you still have options:

• Reapply if your circumstances change
  • For example, if your income goes down or your household size changes
• Ask questions about the decision
  • You can contact your local DHS office for clarification on what you need to qualify
• Seek legal advice
  • A lawyer or legal aid organization may explain if there are any further steps, such as judicial review, though this is more complex and time-sensitive

Even if you lose the appeal, understanding the reason can help you fix the issue for a future application.

Other Food Assistance Options in West Virginia

If your SNAP benefits are reduced or denied and you are struggling with food, you may be able to find other support while you sort out your appeal:

• Food pantries and food banks
  • Many communities in West Virginia have local food pantries run by nonprofits, churches, or community groups.
• Free or reduced-price school meals
  • For families with children, schools may offer meal programs.
• Senior nutrition programs
  • Some areas have meal delivery or congregate meals for older adults.
• 211 information line
  • You can usually dial 211 to ask about local food programs and other resources.

These programs are separate from SNAP and have their own rules and application processes.

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

To avoid scams and get accurate information:

• Use known, official sources
  • The West Virginia Department of Human Services or equivalent state benefit agency
  • Your county DHS office
• Check web addresses carefully
  • Official state websites usually end in “.gov”
• Be cautious about fees
  • Applying for SNAP, requesting an appeal, or getting a hearing through official channels is free
  • If someone asks you to pay to “guarantee approval” or “speed up your appeal,” that is a warning sign
• Protect personal information
  • Only give your Social Security number, date of birth, and case number to verified official offices or approved legal/advocacy organizations

If you are ever unsure, you can:

• Call your local DHS office directly
• Ask to verify that the phone number, mailing address, or website you are using is official

Understanding how appeals and fair hearings work in West Virginia can help you protect your rights, correct mistakes, and make sure your SNAP case is decided based on accurate information. For any official filing, scheduling, or case updates, contact your local West Virginia SNAP/DHS office or the state’s official benefits portal.