Can SNAP benefits continue during an appeal?

Direct answer

Federal SNAP rules generally continue the household at the benefit level authorized immediately before the adverse-action notice when the fair-hearing request is timely and the certification period remains open, unless the household waives continuation.

The notice deadline matters more than the 90-day appeal period

A household normally has up to 90 days to request a hearing about a state action or loss of benefits. That does not mean benefits continue when the request is filed on day 90. Continuation generally depends on filing within the shorter period stated in the notice of adverse action.

Do not waive continuation unintentionally

The federal rule says the state’s hearing-request form must allow the household to indicate whether continued benefits are requested. If the form does not affirmatively show a waiver, the state generally assumes continuation is wanted. Still, ask the office to confirm the status and keep proof of the request.

Continuation can end before the final decision

Benefits can change while the hearing is pending when the certification period expires, a later household change results in a new adverse-action notice that is not appealed, a mass change applies, or another regulatory exception is met. Reapply or complete recertification when required; the hearing does not automatically extend an expired certification period.

There can be an overissuance claim

If the final decision upholds the state action, the state generally establishes a claim for benefits issued because they continued during the appeal. The amount and collection process must follow SNAP rules and the state’s notice procedures.

If the continuation deadline was missed

Request the hearing within the remaining appeal period and ask the state whether good cause permits reinstatement. Federal rules address reinstatement when a household establishes good cause for missing the advance-notice period, but the state applies the rule to the facts of the case.