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ESA SNAP Policy Manual 205  The date ESA receives a request for restoration  If no request for restoration is received, the date the fair hearing action was initiated; but  Never more than one year from when ESA is notified of, or discovers, the loss Legal Authority Restoration of lost benefits (federal): 7 CFR § 273.17

15.10.1 Errors Discovered by ESA If ESA determines that a loss of benefits has occurred and the household is entitled to restoration of those benefits, ESA will automatically take action to restore any benefits that were lost. No action by the household is necessary. However, benefits will not be restored if the benefits were lost more than 12 months prior to the month the loss was discovered by ESA in the normal course of business or more than 12 months prior to the month ESA was notified in writing or orally of a possible loss to a specific household. ESA will notify the household of its entitlement, the amount of benefits to be restored, any offsetting that was done, the method of restoration and the right to appeal through the fair hearing process if the household disagrees with any aspect of the proposed lost benefit restoration. 15.10.2 Disputed Benefits If ESA determines that a household is entitled to restoration of lost benefits, but the household does not agree with the amount to be restored as calculated by ESA or any other action taken by ESA to restore lost benefits, the household may request a fair hearing within 90 days of the date the household is notified of its entitlement to restoration of lost benefits. If a fair hearing is requested prior to or during the time lost benefits are being restored, the household will receive the lost benefits as determined by ESA pending the results of the fair hearing. If the fair hearing decision is favorable to the household, ESA will restore the lost benefits in accordance with that decision. If a household believes it is entitled to restoration of lost benefits, but ESA, after reviewing the case file, does not agree, the household has 90 days from the date of ESA’s determination to request a fair hearing. ESA will restore lost benefits to the household only if the fair hearing decision is favorable to the household. Benefits lost more than 12 months prior to the date ESA was initially informed of the household’s possible entitlement to lost benefits will not be restored. 15.10.3 Computing the Amount to Be Restored After correcting the loss for future months and excluding those months for which benefits may have been lost prior to the 12-month time limits described in Section 15.10.1, Errors Discovered by the ESA, and Section 15.10.2, Disputed Benefits, ESA will calculate the amount to be restored as follows:  If the household was eligible but received an incorrect allotment, the loss of benefits will be calculated only for those months the household participated. Return