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DTA vacates permanent SNAP disqualification.

Date: 
05/07/2021
Author: 
MLRI
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Federal SNAP law imposes a permanent bar on SNAP benefits on any person who has been determined 3 times to have committed an IPV.  

In this case, the alleged violations occurred in 1985, 1986 and 1991 and the IPVs were determined in 1987 and 1991. The client was permanently disqualified for 30 years. 

The hearing decisions for the three violations showed that DPW (DTA’s predecessor) imposed the first strike for the 1986 alleged violation (6-month penalty) and the second strike for the 1985 violation (12-month penalty).  We argued that the strikes were invalid because they were out of sequence and therefore did not provide the warning the statutory scheme intended.  We also argued a number of other extenuating circumstances. See attached letter to the Commissioner. 

DTA agreed to vacate the permanent disqualification. The client is getting nearly $5,000 in retro SNAP and is planning to cook a big Thanksgiving dinner for her family. 

Note that we have seen other 3-strikes cases with different legal defects that may be subject to challenge. Please let us know if you see these cases. 

Deborah Harris, MLRI

Aisha Sleiman, MLRI

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