Food Stamp (SNAP) Overpayment in Oregon: Your Rights and Options
Did you get a letter from Oregon's food stamp (SNAP) program about an overpayment? Or maybe your caseworker mentioned the word overpayment after you reported a change in your finances.
This article explains what an overpayment is, what you can do about it, how to appeal, and where to find free help if you need it.
What is a SNAP overpayment?
A SNAP overpayment means you owe money to the state of Oregon.
An overpayment happens when the Oregon Department of Human Services (ODHS) gives you more SNAP money than you should have received. This usually happens because of a mistake.
If ODHS thinks they overpaid you, they must send you a letter or notice with details. The letter will explain what happened, how much they think you owe, how to pay it back, and how to appeal.
Why do overpayments happen?
Overpayments happen for three reasons:
- SNAP made a mistake: Sometimes, overpayments happen because someone at SNAP made an error. For example, a caseworker might enter your income wrong or not update your file on time.
- You make a mistake: Overpayments can also happen if you forget to tell SNAP about changes in your income or finances.
- You broke the rules: If you lie to your caseworker or use your SNAP benefits in ways that are not allowed, this is called an intentional program violation (IPV). IPVs can cause overpayments and may also get you banned from SNAP for a year or more.
What are my options if I have an overpayment?
You have two options:
- Repay the overpayment, or
- Challenge the overpayment by appealing.
Should I appeal an overpayment?
You may want to appeal the overpayment if you:
- Don’t think you were overpaid.
- Disagree with the amount of overpayment.
- Disagree with the reasons for the overpayment.
- Were accused of an intentional program violation, but it wasn’t your fault.
Tip: If you’re not sure what to do, you can get free legal help by calling Oregon’s Public Benefits Hotline.
How to appeal a SNAP overpayment
Your SNAP overpayment letter explains how to start your appeal. Usually, you can begin your appeal by calling or writing a letter. You do not need a special form.
You have only 90 days (about three months) to start an appeal. Act quickly, because if you miss the deadline, you won’t be able to appeal.
How to repay an overpayment
If you decide not to appeal, or if your appeal is denied, there are a few ways to repay the debt:
- If you still get SNAP, the state will automatically lower your monthly benefit by $10 or 10 percent, whichever is more, until the overpayment is paid back.
- If you no longer get SNAP, you can repay the debt by:
- Setting up a payment plan. Call the Oregon Department of Human Services at 800-273-0548 to arrange a payment plan you can afford. If you can’t afford to repay the debt at all, be sure to ask about a “hardship reduction.”
- Paying it off all at once. You can pay the full amount online, by phone, or by mail. More information is available on this Oregon.gov website.
- Paying it off with your tax refund. The Oregon Department of Human Services can take part of your tax refund to pay the debt.
Where to get help
- Oregon Department of Human Services (ODHS): This agency runs the SNAP program. If you have questions about your case or benefits, contact them for help. Visit the ODHS contact page to learn more.
- Oregon Public Benefits Hotline: This free legal hotline is run by Oregon’s legal aid providers and is not part of the government. You can talk to a lawyer or paralegal to learn about your options and next steps. Find out when the hotline is open and how to call for help here.
More Frequently Asked Questions
It is not very likely that you will go to jail for a SNAP overpayment.
Most overpayments are handled by the Oregon Department of Human Services (ODHS), the agency that runs Oregon's food stamp program. If you owe money, ODHS can:
- Lower your monthly SNAP benefits until the debt is paid.
- Take part of your tax refund.
- Disqualify you from SNAP for a period of time if you broke program rules.
ODHS cannot send you to jail. In rare cases, if ODHS believes someone intentionally committed fraud, they can refer the case to law enforcement. But:
- The police decide whether to investigate.
- The district attorney decides whether to file criminal charges.
- A judge (or jury) decides if someone is guilty and must go to jail.
Even if the overpayment isn’t your fault, you still have to pay the money back.
You have options for repaying the money:
- If you still get SNAP, the state will automatically lower your monthly benefit by $10 or 10 percent, whichever is more, until the overpayment is paid back.
- If you no longer get SNAP, you can repay the debt by:
- Setting up a payment plan. Call the Oregon Department of Human Services at 800-273-0548 to arrange a payment plan you can afford. If you can’t afford to repay the debt at all, be sure to ask about a “hardship reduction.”
- Paying it off all at once. You can pay the full amount online, by phone, or by mail. More information is available on this Oregon.gov website.
- Paying it off with your tax refund. The Oregon Department of Human Services can take part of your tax refund to pay the debt.
Yes. If you file an appeal, you can ask SNAP to review the overpayment amount.
If you win your appeal, SNAP will change the amount you owe. They may lower it or decide you don’t owe anything.
After you file an appeal, the Office of Administrative Hearings in Oregon will schedule an administrative hearing.
An administrative hearing is a formal meeting with a judge, a SNAP representative, you, and other key people in your case. A hearing is your chance to convince a judge that SNAP messed up. At the end of the hearing, the judge can reverse or change SNAP’s decision if they think they got it wrong.
In Oregon, these hearings often happen by phone or video and are less formal than a traditional courtroom trial.
Learn more about administrative hearings and how to prepare here.
If you ignore the overpayment and don’t act within 90 days of the date on your overpayment letter, you lose the right to appeal.
The overpayment will become an official debt you owe to the state of Oregon. The state will take steps to collect this money from you. They can:
- Reduce your SNAP benefits (if you still get SNAP)
- Take your tax return to repay the debt.
If the overpayment letter says you committed an intentional program violation, this means that SNAP thinks you either:
- Lied about something or failed to tell the whole truth.
- Withheld information so you can get SNAP.
- Used SNAP benefits in a way that’s not allowed (like selling food stamps for cash).
Intentional program violations are serious. If you don’t act, you will lose your benefits for a year or more.
- 1st violation: 12-month loss of SNAP benefits.
- 2nd violation: 24-month loss of SNAP benefits.
- 3rd violation: Permanent loss of SNAP benefits.
Here’s how to approach this situation:
- Understand the reason. Read your overpayment letter. It will explain why SNAP thinks you committed an intentional program violation.
- Understand the consequences. The letter will also explain the consequences. Usually, you’ll lose out on SNAP benefits for a year or more.
- Don’t sign any paperwork without legal advice. You may be asked to sign papers admitting mistakes. Don’t sign anything until you talk to a lawyer.
- Get free legal help: You can call Oregon’s Public Benefits hotline for free help from a legal aid lawyer or paralegal. They can explain your options and help you decide what to do next. In some cases, you can fight the intentional program violation by asking for a hearing.
Oregon Administrative Rules (OARs), Chapter 461, Division 195 governs SNAP overpayments and intentional program violations.