What To Do if Your SNAP Benefits Were Stolen

If someone stole your SNAP benefits, you may be able to recover them depending on your state’s current policies. Although the federal program that required states to replace stolen benefits ended on December 20, 2024, some states have replacement programs that use state funds.

Discovering that you have lost your Supplemental Nutrition Assistance Program (SNAP) benefits can be devastating, especially when you rely on those funds to feed your family. When this happens, take immediate action to report the theft. Contact your state’s SNAP office to report the incident. If you need legal assistance on how to handle stolen SNAP benefits, contact a consumer protection attorney near you. They can review your case and help you understand the steps to take when your SNAP benefits get stolen.

What To Do in the First 24 to 48 Hours

The steps you take right after learning about the theft can make a great difference. These actions can help limit your losses and improve your chances of recovering the stolen SNAP benefits. The following are immediate actions you can take within the first 24 to 48 hours.

Contact Your State’s EBT Customer Service

You can call your state’s Electronic Benefit Transfer EBT customer service hotline as soon as you notice unauthorized charges or suspicious activity on your account. Most states have a phone number for reporting issues or asking questions related to SNAP benefits. You can also call your county’s Department of Social Services (DSS) or Department of Human Services to report the incident.

In most cases, the representative will freeze your current account to prevent further fraudulent transactions. They will also begin issuing you a new card. Federal regulations require states to act within two business days after receiving your report. They can make the replacement cards available for pickup or mail them to your address within two business days.

In most cases, replacement cards arrive within five to 10 business days. This timeline will also depend on your state and the postal service delivery times. If you need your benefits more quickly, some states allow you to pick up replacement cards in person at local offices.

If you experience difficulties while waiting for your SNAP EBT card, you can also ask your local EBT office about emergency food assistance options. Some states have programs that can provide temporary help while you wait for your new card.

Document Every Unauthorized Transaction

Before you forget any details, write down or take a screenshot of everything related to the theft from your EBT account history. Be sure to record:

• The date and time of each unauthorized transaction
• The amount stolen in each transaction
• The location or store name where each transaction occurred
• When you last personally used your card
• When you first noticed the fraudulent activity

This documentation will serve as evidence when you file a claim for replacement benefits. The more detailed your records, the stronger your case for reimbursement.

File a Police Report

Contact your local police department to file an official report about the theft. While most states offering replacement programs do not require reports, filing one may aid the investigation by providing the police with official documentation of the crime. You can request a copy of the police report for your records. Your state agency may request it, so having a copy can help restore your benefits more quickly.

Can You Get Reimbursed for Stolen SNAP Benefits?

On December 20, 2024, the federal authority for states to replace stolen SNAP benefits expired. Some states may still offer replacement programs using state funds.

Understanding Federal Law Changes

In December 2022, Congress passed the Consolidated Appropriations Act of 2023. This Act authorized states to replace stolen SNAP benefits using federal funds. It applied to benefits stolen between October 1, 2022, and September 30, 2024. Congress later extended the program through December 20, 2024. However, the second Trump administration chose not to renew it after that date.

If someone stole your SNAP benefits on or after December 21, 2024, federal funds are no longer available for replacement. Some states continue to offer replacement programs using state funds.

How the Federal Program Worked

While it existed, the federal program had limits on how much it could replace. It would replace either the actual amount stolen or two months of your household’s monthly benefit allotment at the time of theft, whichever was less.

For example, if your monthly SNAP benefit was $250 and thieves stole $100, you would have received the full $100 back. However, if the thieves stole $600 from the same account, you would only receive $500 (two months’ worth) in replacement benefits.

The federal program also limited households to two replacement claims per federal fiscal year (October 1 through September 30). If you received replacement benefits twice in the same fiscal year, any additional replacement benefits requests would have been denied.

How State Programs Varied

Even when the federal program was active, states handled replacement claims differently. Processing times, documentation requirements, and claim procedures vary by location.

For instance, California required counties to replace stolen benefits within 10 business days of receiving a complete request for replacement. Maryland was among the first states to implement a replacement program and processes claims within 10 days or sooner. New York ceased accepting new applications for benefit replacement as of September 30, 2024. The state continues processing claims for thefts that occurred before that date.

Given differences in state rules, it’s a good idea to seek legal advice from a consumer protection attorney in your area. They can review the applicable state law and guide you through the process of filing a replacement claim.

You can also contact your SNAP agency to learn whether replacement benefits are currently available in your state. You can ask them whether your state still replaces stolen benefits, what the deadline for reporting theft is, and what documentation you need to provide.

What Types of Theft Qualify for Replacement Benefits?

Understanding which types of theft may qualify you to file a claim helps you determine whether you can file. Let’s look at a couple of examples:

Card Skimming and Cloning

Card skimmers steal your information without your knowledge. Criminals install small devices on point-of-sale terminals or ATM machines. These skimming devices capture your card number and PIN each time you swipe. Card cloning is the creation of a counterfeit EBT card using stolen account information.

Once thieves have the cardholder’s data through skimming or other means, they make duplicate cards that can access your account. Criminals then use these counterfeit cards to withdraw benefits at stores or ATMs. Both skimming and cloning qualified for replacement under the federal program.

Phishing and Online Scams

The USDA guidance listed phishing as a covered type of theft. Phishing scams occur when criminals impersonate government officials to trick you into disclosing your card information. These fraudsters often send text messages or emails claiming there’s an issue with your EBT account. They would ask for your card number or PIN to supposedly “verify” your account or identity.

State agencies or officers who process EBTs will never text or call to ask for your card or PIN number. Be wary of scammers.

Data Breaches

When stores, payment processors, or state agencies experience security breaches that expose EBT card data, the resulting theft is qualified for replacement under the federal program. These large-scale incidents can affect thousands of people at once.

How To Request Replacement Benefits

The option for obtaining relief for SNAP theft through a federal replacement program expired on December 20, 2024. If your state continues to offer replacement benefits using state funds, you can follow these general guidelines.

Who To Contact

Start by contacting your state’s SNAP agency or Department of Social Services to learn whether they offer a replacement program. You can also check your state agency’s website to see whether replacement benefits are still available. Some states offer online portals that allow recipients to submit claims electronically and track their status.

Required Documentation

States may have dedicated claim forms and processes specifically for reporting benefit theft and requesting replacement. These include:

• A completed claim form with detailed information about the theft
• EBT account transaction history showing the unauthorized purchases
• An affidavit or sworn statement declaring that you did not authorize the transactions and did not share your card or PIN with anyone

Some states require additional information or notarization of certain documents.

Submitting Your Claim

If your state still offers replacement benefits, submit all required documentation together to avoid processing delays. Keep copies of everything you submit. You will need these records if you have to appeal a denial or answer follow-up questions.

Common Reasons States Denied Claims

Understanding why states denied replacement requests during the federal program can help you avoid these issues if your state still offers replacements. Common denial reasons include the following:

• Missing or incomplete documentation
• Suspected fraud
• Exceeding the two-replacement limit
• The type of theft does not qualify

Other reasons may apply.

What To Do if Your Claim Is Denied

If your state denies your replacement claim, you have the right to appeal that decision through a fair hearing process. Federal law grants SNAP households the right to request a fair hearing to contest any action by a state agency that affects their benefits. This includes denials of stolen benefit replacement claims. You have 90 days from the date of receiving the denial notice to request a hearing.

You can request a hearing by clearly stating that you disagree with the decision and you want to appeal it. They may ask you to clarify what you are appealing. However, the state cannot deny or interfere with your request for a hearing.

When Legal Help Might Be Needed

Many SNAP recipients successfully handle SNAP benefit theft claims and appeals on their own. However, certain situations call for legal assistance. You might benefit from consulting a consumer protection attorney if your state denied a valid claim despite clear evidence of electronic theft, the state accused you of fraud or filing a false claim, or your case involves complicated circumstances that make it hard to prove that theft happened. You can also seek legal help with the appeals process.

Many low-income individuals may also qualify for free legal assistance through legal aid organizations. These nonprofit organizations specialize in helping people with public benefit issues, including SNAP.