The $2,146 Overpayment and the 22-Minute Call: SNAP IPV and the Missing File
Ms. Whitfield, 58, receives $298 a month in SNAP and Medicaid. Her adult son, who has a disability, lives with her and receives SSI. On January 8 the agency mailed a notice alleging a $2,146 SNAP overpayment for 14 months and proposing an intentional program violation (IPV) disqualification. The notice says she failed to report wages of $612 a week from a part-time job that began in March. Whitfield says she called the agency in April to report the job; she has a phone log showing a 22-minute call to the caseworker's number but no recording. The agency's notice of decision from May lists her earned income as $0. She also missed a recertification in December, and her benefits ended December 31. A fair hearing is set for February 20. The agency has not provided the wage match records or the case file.
1. What must the agency prove to sustain the overpayment, and what should counsel demand before the hearing?
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The agency bears the burden of proving, by a preponderance or the state's higher standard, that income was received, that the household failed to report it as required, and that the overpayment amount is correct. Each element is contestable here.
Demand the entire case file before the hearing: the wage match and employer records, the budget worksheets for all 14 months, the notice of decision, the call log and contact notes, the reporting requirements in the approval notice, and the calculation worksheets. Check whether the agency averaged income, whether it used gross wages without the earned income deduction, and whether it counted months before the job began. Recompute month by month; a single averaging error can shrink or eliminate the claimed overpayment.
Check household composition. The son's SSI treatment depends on the rule: the SSI exclusion generally applies only where all household members receive SSI, so verify whether his income was properly counted in this mixed household. Confirm he is included in the SNAP household and that medical and dependent care deductions were applied.
The May notice listing earned income as $0 is powerful. If the agency already had the wage data when it issued that notice, its claim that Whitfield concealed the job is undermined, and its own records show caseworker error.
2. How does the IPV claim differ from the overpayment claim, and what defense should be presented?
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An overpayment is an accounting claim; an IPV is a finding about state of mind. The agency must prove that Whitfield knowingly and intentionally made a false or misleading statement, or intentionally failed to report a change, with the purpose of obtaining benefits she was not entitled to. Negligence, confusion, a busy caseworker, or an honest mistake is not enough.
Build the defense around the April call. The 22-minute log to the caseworker's number corroborates a report, even without a recording. Request the agency's call records and contact notes; if the caseworker logged the call, the IPV theory fails. If the agency has no record, ask about its practice for logging calls and whether calls are routinely lost. Whitfield's testimony should be specific: date, time, number dialed, what she said, and whether she was told anything.
The May notice listing $0 earned income is the second pillar. It shows the agency's own record was inconsistent with its later allegation. Argue that this is agency error, not client intent. If the agency offers a waiver or a reduced claim, evaluate it with the client: an IPV triggers a 12-month disqualification for a first violation and can affect future eligibility, while a simple overpayment claim does not.
3. What should be done about the December termination and the Medicaid coverage?
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The missed recertification is a separate problem from the overpayment. Ask whether the agency sent a timely recertification notice and whether any interview was scheduled; if notice was defective or the agency failed to process a timely submission, challenge the termination. If the missed deadline was the client's fault, reapply immediately and request expedited processing based on current income; SNAP benefits generally cannot be restored retroactively for a failure to recertify, so speed matters.
Request continuation of benefits pending the hearing if the termination is within the appeal period; continuation rules are strict and may require a timely request before the effective date. If continuation is unavailable, ask for a new application to be screened the same week.
Medicaid is separate. A SNAP termination does not automatically end Medicaid, and the Medicaid renewal may be on a different cycle. Confirm the Medicaid case status, whether a renewal is pending, and whether the son's disability-related coverage is intact. If Medicaid was also terminated, request a separate hearing and check for a 12-month continuous-eligibility period for adults. Closing: get everything in writing and calendar the hearing date and any appeal deadlines.