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ESA SNAP Policy Manual 233 See Section 19.4.1, Continuation of Benefits due to Mass Changes, for specific SNAP mass change hearing rights. ESA may reduce or terminate benefits while a fair hearing is pending in any of the following situations:  A mass change affected the household’s eligibility or benefit level.  The household reports a change, or ESA discovers a change that affects the household’s eligibility or level of benefits that is not related to the original hearing request, and the household does not request a hearing on this action after ESA sends a timely and adequate Notice of Adverse Action based on the change.  OAH makes a preliminary determination, in writing and at the hearing, that the sole issue is one of federal law or regulation and that the household’s claim that ESA improperly computed the benefits or misinterpreted or misapplied such law or regulation is invalid.  The SNAP certification period expires. If OAH upholds ESA’s action in the hearing decision, any benefits the household receives for which it was not eligible are an overpayment. Example: No Continued Benefits After SNAP Certification Ends Ms. Clark and her two children receive SNAP. Her certification period ends on June 30, and she is sent a Notice of Adverse Action on June 10 indicating that her SNAP benefits will be terminated effective June 30 because she is over income for the program. Ms. Clark requests a fair hearing on June 20. Although Ms. Clark made a timely hearing request, she is not eligible for continued SNAP benefits because her certification period ends on June 30.

19.4.1 Continuation of Benefits Due to Mass Changes Households may request a fair hearing when they disagree with a mass change (see Section 15.7, Mass Changes, for more information). The household is eligible for continued SNAP benefits if the household meets the following three criteria:  The household requests a fair hearing.  The household does not specifically waive its right to a continuation of benefits.  The household’s fair hearing is based upon improper calculation of SNAP eligibility or benefits or the misapplication or misinterpretation of federal law or regulations. Example Mary Minor requests a fair hearing and continuation benefits when her SNAP benefits are reduced because of a federally mandated reduction in the maximum SNAP allotments. Ms. Minor is not eligible to continue getting SNAP benefits at her previous level because the reduction is not due to an incorrect calculation of her benefits or misapplication of federal rules. Return