The Supplemental Nutrition Assistance Program (formerly known as “Food Stamps”), helps families and individuals with low incomes get food and nutrition. The Arizona Department of Economic Security (DES) runs the Nutrition Assistance Program.
Anyone can apply for Nutrition Assistance benefits, either for themselves or someone in their household. Federal and state laws set the eligibility for public benefits like Nutrition Assistance.
To be eligible for Nutrition Assistance, you need to show:
To prove that you are an Arizona resident, you can give DES:
Depending on your situation, you might be able to get expedited benefits. This means that DES will process your application quickly and give you Nutrition Assistance within 7 days.
To get expedited benefits, you must meet one or more of these requirements:
The Standard Utility Allowance (SUA) when you have a heating or cooling expense.
The full list of allowances is provided on the DES website.
To apply for Nutrition Assistance, you will want to complete an application. You can apply in the way that is easiest for you:
If you need help applying - ASK! DES must provide you help. Call the HEAplus Customer Service center:
DES has 30 calendar days from when you apply to approve or deny your application. If you qualify for expedited Nutrition Assistance, DES will process your application within 7 days.
If DES approves your application, you will get a notice of approval. The notice will tell you:
DES will count the date you applied as the first date you can get benefits.
You must report changes in your household members or changes in income to DES.
The notice will also explain what changes you need to report within 10 days of the next month. You can report changes by going to your local DES office, online at HEAplus, or by calling 1-855-432-7587 (1-855-HEAplus). Remember, reporting changes might increase or decrease your benefits.
You will get an Electronic Benefits Transfer (EBT) card to buy food from grocery stores and farmers markets.
If you have a disability, are unhoused, or are at least 60 years old, you can use your card to buy food at participating restaurants. You cannot use your Nutrition Assistance to buy any non-food items (like cleaning supplies, hygiene products, paper products, pet food), alcoholic drinks, tobacco products, or vitamins.
Keep your Personal Identification Number (PIN) safe. Do not tell anyone the day you get your benefits loaded onto your card. Keep the card in a safe place. If you lose it, the first replacement card in a year is free. DES will charge you $5 for each replacement card. If you ask for more than 4 cards in a year, it might raise questions and could cause DES to start a fraud investigation.
If you are not approved for Nutrition Assistance, DES will send you a notice. Some reasons they might deny your application are:
It is important that you read the entire notice because it will explain the reason for the decision and what to do if you disagree.
If you disagree with a decision about your benefits, you usually have the right to ask someone to review the decision. This review is called an appeal.
The notice you get from DES will give you a deadline to appeal. Usually, the appeal deadline is within 90 days of the date on the notice.
If you currently receive benefits and want to keep getting them during the appeal process, you must appeal within 10 days of the notice date, or before the date the termination goes into effect.
If you lose your appeal, you may have to pay back any benefits you received during the appeal process.
You generally cannot appeal decisions based on changes in law.
There are several ways you can appeal a decision made by DES. Choose the way that is easiest for you:
You do not need to use special language in your appeal. Each decision letter includes a pre-printed “Appeal Request Form” or “I Am Asking For A Hearing” section. You do not have to use the form or letter to request an appeal. You can write your own letter that explains why you disagree with the decision.
Make sure to include:
Keep proof of how and when you appeal. This will help you prove you appealed before the deadline in case AHCCCS or DES loses your appeal or does not process it. If you appeal by phone, make a note of the date, time, and who you talked to.
After you file your appeal, you will schedule a Fair Hearing with an Administrative Law Judge (ALJ).
An ALJ is like a judge for your appeal. The ALJ does not know about your case until the hearing. The ALJ learns about it from you and DES.
You will get a notice in the mail before the hearing. The notice will tell you:
Hearings are usually by phone unless you ask for an in-person hearing. The notice will tell you how to ask for an in-person hearing. It will also explain how to send proof to the ALJ and how to have witnesses speak.
After DES gets and reviews your appeal, they will send you a Hearing Packet in the mail. Read the hearing notice carefully because it has important instructions.
The packet will include:
Hearings are usually by phone unless you ask for an in-person hearing. It will tell you how to ask for an in-person hearing, how to send proof, and how to have witnesses speak. If you do not hear from DES, call them at (602) 774-9279 or (888) 842-7295 to make sure they have your appeal.
If the hearing date does not work for you, you can ask to move it to a different date. This is called a continuance. To ask for a continuance, you must write to:
In your letter, explain why you need to change the date. DES might agree to your request, but if they do not, the ALJ will decide.
After you appeal, you can try to solve the issue at a pre-hearing discussion with DES. This is a chance to meet informally with DES and explain why you think they made a mistake. You can show proof to explain your side.
If DES agrees they made a mistake, they might ask you to let them file a Motion to Vacate and Remand. This means they ask the judge to cancel the hearing so DES can fix the mistake. After fixing it, DES will send you a new notice with new appeal rights.
During the Pre-Hearing Conference, you might find out that DES did not make a mistake. If you agree, you can choose withdraw your appeal. If you cannot solve the issue in the pre-hearing discussion, you will go to a hearing.
At the hearing, an Administrative Law Judge (ALJ) will listen to your case. The ALJ will:
After the hearing, the ALJ will decide your case and send you notice of the decision. The Notice of Decision will explain your appeal rights.
If you disagree with the decision, you can ask for a review from the Office of Appeals (OOA) Appeals Board. If you win the appeal, DES must add the benefits to your account within 10 days.
Sometimes DES will give you more Nutrition Assistance than you should get. This is called overpayment.
Overpayments can happen for a few reasons:
Intentional Program Violations mean you did something on purpose, like not telling the truth or hiding facts about your case to DES or a state agency, or using your benefits in a way that breaks the rules, like selling them for cash.
You might face criminal charges if the violation is serious. If DES says you did an Intentional Program Violation, you should get legal help right away.
You have a few options if you get a Notice of Overpayment:
Request a Fair Hearing:
If you think the overpayment notice is wrong, you can challenge it.
Request an Overpayment Compromise:
If you owe too much money, you can ask to pay less. How much less depends on your income and expenses for one month and if you can pay it back in 36 months. To ask for this, fill out a Compromise Request Form (FAA-1768A) from the DES website or ask DES to send you one. DES will tell you what papers they need from you.
Repayment:
You can pay back the overpayment in one lump sum or ask DES to accept monthly payments.
Recoupment:
If you get benefits now, DES can take some of them to pay back the amount owed.
DES will not make you pay back the overpayment if:
You must pay back all overpayments you owe to DES, even if DES made a mistake.
This topic can be complicated. You may want to talk to a legal professional for help.
This website shares general legal information. Some content may be simplified or may not reflect recent changes in law. If you need advice for your specific situation, you should talk to a legal professional.
