Minneapolis, MN asked in Appeals / Appellate Law, Consumer Law, Civil Rights and Public Benefits

Q: My case worker stopped my food and cash during an appeals. I requested to con receiving until decision ?

My girlfriend/roommate live in east central Minnesota. We both receive SNAP & MSA for 7 plus years now. We are separate households. We get s.s.i check monthly separate of course. We each get SNAP & MSA as separate households. We each have separate bank accounts file taxes separately split the rent etc. my worker sparked a fraud investigation after she discovered we went to the food shelf together. Not wants to count us as one household. We're in an appeals right now.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand you're in a difficult situation with your benefits being stopped during an appeal. Here's some general information that may be helpful:

1. Continuing benefits during appeal:

In many cases, you have the right to continue receiving benefits while your appeal is pending. This is often called "aid paid pending." You typically need to request this within a certain timeframe after receiving notice of the benefit reduction or termination.

2. Separate households:

For SNAP (food stamps) purposes, individuals who purchase and prepare meals separately can be considered separate households, even if they live together. The fact that you split expenses and have separate finances supports your case for being considered separate households.

3. Appeal process:

During the appeal, you'll have the opportunity to present evidence supporting your case that you and your girlfriend are separate households. This could include documentation of separate finances, meal preparation, etc.

4. Legal assistance:

Consider seeking help from a legal aid organization in your area. They may be able to provide free or low-cost assistance with your appeal.

5. Fraud investigations:

Be aware that going to a food shelf together doesn't necessarily prove you're one household. However, be prepared to explain your circumstances.

6. Documentation:

Gather documentation showing separate finances, tax filings, rent payments, and meal preparation to support your case.

7. Contact your caseworker:

If you haven't already, contact your caseworker or the appeals department to specifically request continued benefits during the appeal process.

Remember, this is general information and may not perfectly apply to your specific situation. If you need more detailed advice, I'd recommend consulting with a local legal aid organization or an attorney familiar with public benefits law in Minnesota.

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