Understanding the USDA 6-Month Suspension Letter
Has the USDA sent you a 6-month suspension letter for trafficking when you did not traffic goods? Let’s step back for a second and examine what the letter says. This is in accordance with Section 278.6(a) and (e) of the SNAP regulations.
Hardship Civil Monetary Penalty (CMP) Under SNAP Regulations
Under Section 278.6(f)(1), a firm will be eligible for what is referred to as a hardship civil monetary penalty (CMP). This is the best-case scenario when you have been sent a charge letter indicating that trafficking has occurred at your firm.
How to Be Successful in a Hardship CMP Claim
In order to be successful, one must prove that an undue hardship will result as a result of the 6-month suspension at their place of business. It is important to note that the undue hardship is not a reflection of the monetary hardship on the business. Instead, this is an undue hardship on the customers of the business. By closing down the EBT machine, the customers would be faced with a burdensome loss.
Evidence Required for USDA Suspension Defense
The evidence that needs to be brought to the attention of the USDA is substantial in these cases. It is not enough to simply write a letter or make a phone call to the USDA and tell them that it will be difficult for people to shop at another store.
Get Help from a USDA EBT SNAP 6 Month Suspension Attorney
Call 1-888-577-1482 for a case evaluation.
To learn more, visit our SNAP Violation Attorney website.
Common Mistakes to Avoid During USDA SNAP Suspension Defense
- Ignoring the USDA’s letter or missing deadlines.
- Providing insufficient documentation of customer hardship.
- Assuming verbal communication alone is enough to defend your case.
- Failing to consult with an experienced attorney who specializes in USDA SNAP matters.
Frequently Asked Questions
What is a USDA 6-month suspension letter?
A USDA 6-month suspension letter notifies a retailer of a temporary disqualification from accepting SNAP benefits due to suspected violations such as trafficking. It is issued under Section 278.6(a) and (e) of the SNAP regulations and can severely impact a business’s ability to serve EBT customers.
Can I fight a USDA SNAP suspension for trafficking if I didn’t do it?
Yes, you can dispute the suspension by presenting credible evidence. A strong legal defense, supported by documentation and witness statements, can help prove that the alleged trafficking did not occur or that the penalty is unwarranted.
What is a hardship civil monetary penalty (CMP) and how can it help?
A hardship CMP allows a business to pay a fine instead of facing a 6-month SNAP suspension. To qualify, the store must demonstrate that customers would experience undue hardship, not just financial loss to the business, if they cannot use SNAP at that location.
What kind of evidence is needed to support a hardship CMP claim?
Acceptable evidence may include customer testimonials, demographic data, transportation limitations, and proof of limited SNAP-accessible stores nearby. The documentation should clearly show how the community would suffer without access to your store during the suspension.
What are common mistakes businesses make when responding to a USDA SNAP suspension?
Many retailers fail by missing deadlines, submitting insufficient evidence, relying on verbal appeals alone, or not seeking legal advice. These missteps can weaken a case and lead to a denied CMP or upheld suspension.