7 CFR § 273.17(d)(1)-(4) and (f)


Ensure future months’ benefits are correct.  Determine the months that benefits were potentially underpaid when the EDG was eligible or should have been eligible.  Exclude months: 

  • when the EDG was ineligible, or 
  • more than 12 months before the allowable timeframes.

Exceptions: Denied EDG Becomes Categorically Eligible, Judicial Action, SSA Error.  


Compare the amount of benefits:

  • the EDG received,
  • to what the EDG should have received.  


If the EDG received less than they were due, the difference between the amounts is the underpayment. 


Subtract any approved overpayment claims from the underpayment.  Issue any amount remaining after offsetting.


Note: Advise the EDG what information must be provided to determine eligibility.  The EDG is ineligible for restoration for any month the required information isn’t provided.

Timeframes

7 CFR 273.17(a)-(b) and (c)(2) and (d)


Restore underpaid benefits for not more than 12 months before the date of whichever of the following situations occurs first:

  • the EDG requests the underpayment be restored, including requesting a fair hearing, 
  • the underpayment is discovered, or
  • the agency is notified of the underpayment, including fair hearing decisions reversing agency actions.


Note: The 12-month limit also applies to delayed application and renewal processing due to agency error.

Denied EDG Becomes Categorically Eligible

7 CFR § 273.2(j)(1)(iv) and (k)


Restore benefits back to the application file date, or the date of AABD, SAGA, SSI, or TFA approval, whichever is later.

Judicial Action 

7 CFR § 273.17(a)(2)


Restore for not more than 12 months before the date the court action was initiated if the court action is the first action the EDG took to obtain the underpayments.


If the court action is a review of an agency action, restore benefits for not more than 12 months before the earliest of the following dates:

  • The date the agency discovers or is notified of the loss.
  • The date the agency received the request for restoration.
  • If no request for restoration was received, the date the fair hearing action under court review was initiated.

SSA Error 

7 CFR § 273.2(k)(1)(i)(F) and (iii)(E)


Restore underpaid SNAP benefits to eligible EDGs back to the application file date, or date of release from an institution, whichever is later.  


Example:  SSA failed to notify the agency of the release date of a resident of an institution.  A SNAP application was filed on 7/12; the individual was released from the institution on 8/20. Benefits are restored back to the date of release (8/20).

Information Needed for Determination 

7 CFR § 273.17(d)(2)


The EDG must provide any missing information needed to determine a potential underpayment when the case doesn’t contain all the necessary information.  Send the EDG form W-1348, Proofs We Need, requesting the missing information for each month needed.  Deny restored benefits due to an underpayment for any months the EDG fails to provide the missing information.