Restraining Order in Food Stamp Notice Lawsuit Submitted to Judge for Approval
Attorneys for the 红杏视频 of Rhode Island and the state Department of Human Services have agreed on language to form the basis of a temporary restraining order against the Department鈥檚 continued use of procedurally deficient notices that have demanded SNAP recipients reimburse the state for overpayments that they purportedly received years earlier. The notice, the 红杏视频 alleged in the lawsuit filed last week, failed to provide sufficient information for recipients to determine its accuracy.
Last Wednesday, U.S. District Judge Jack McConnell, Jr., agreeing with the arguments made by the 红杏视频 on behalf of plaintiff Carmen Correa, verbally found that the notices being sent recipients likely violated federal SNAP regulations and the due process rights of the recipients. The proposed order, submitted by the parties for his consideration, includes such a finding, as well as a determination that the plaintiff and other similarly-situated SNAP recipients 鈥渨ill suffer irreparable harm鈥� from the continued use of the deficient notices in the absence of a restraining order.
The temporarily bars the state from issuing any more of the demand letters based on purported agency or household errors, and further bars DHS from processing any SNAP benefit reductions for individuals who have already received the notices. The order also puts on hold any pending administrative appeals filed by recipients contesting the overpayment determinations.
DHS is also required in the next month to notify all households that received the deficient letter of the terms of the restraining order. Finally, the order indicates that a hearing on a preliminary injunction against the agency鈥檚 practice will be scheduled before January 14th, when the TRO would otherwise expire.
The lawsuit was brought on behalf of Woonsocket resident Carmen Correa, who obtains SNAP benefits for herself and her thirteen-year-old niece. She recently received a notice from DHS demanding that she repay $1,925 in benefits that the agency claims were allegedly overpaid to her more than four years ago. The only explanation given was that the overpayment was due to 鈥淎gency Error.鈥� While the notice advised Correa of her right to a hearing to contest DHS鈥檚 determination, the 红杏视频 lawsuit argues that it 鈥渄oes not contain sufficient information to allow a reader to determine whether the overissuance is correct or whether Plaintiff has grounds to contest it.鈥�
The Department鈥檚 efforts to recoup alleged overpayments were halted a few years ago as a result of the enormous problems of inaccuracy and untimeliness with benefits that occurred in 2016 when UHIP went online. Citing the 鈥渓ong-standing problems of the UHIP program,鈥� the suit claims there is a 鈥渧ery high probability that the data used to determine alleged overpayments is erroneous.鈥�
Correa was given a month to sign an overpayment agreement with the state or else face what the lawsuit calls 鈥渉armful鈥� cuts to her SNAP benefits. If those cuts occur, that Correa 鈥渨ill have great difficulty feeding herself and her niece鈥� and, unable to pay her bills, could have her utilities shut off. The suit points out that federal SNAP regulations require overpayment notices to 鈥渋nclude the reason for the claim and an explanation of how the [amount] was calculated,鈥� information missing from the notice to Correa.
Additional information about the suit can be found .