Many Americans rely on SNAP (food stamps) and Social Security to survive. But few people realize that if the state believes you were overpaid SNAP benefits, the government can eventually take money from your Social Security check to recover that debt.
This can happen even when the overpayment was caused by a government error — not something you did wrong.
An 85-year-old widow named Jerrallee King learned this the hard way when she received a bill for $8,927 in SNAP overpayments after the state admitted it made a mistake processing her case. When she couldn’t pay it, the government began taking 15% of her Social Security check (about $200 per month).
Situations like this are rare, but they do happen. If you receive an SNAP overpayment notice, acting quickly can protect your benefits.
Here’s what you need to know.
Jerralee’s Story
Jerralee King applied for SNAP in Texas in 2021. She provided the correct information and was approved for benefits ranging from $112 to $348 per month. She received those benefits for about three and a half years.
Then everything suddenly changed.
Her benefits stopped, and she received a letter stating she owed $8,927 in SNAP overpayments. The letter she received openly admitted, “”The Texas Health and Human Services Commission (HHSC) has determined your household was overpaid SNAP benefits. The overpayment occurred as a result of agency error. The Agency failed to input the correct resource amount causing the household to receive SNAP benefits they were not eligible for.”
In other words:
- She gave the correct information.
- She followed the rules.
- The government made the mistake.
But under federal law, she was still required to repay the benefits.
Because she could not pay the debt, the government began deducting about $200 per month from her Social Security check, which is roughly 15% of her monthly benefit.
The situation became so dire that the 85-year-old widow said she was looking for a job to repay the debt.
Why SNAP Can Take Your Social Security
Even when the mistake is caused by the state, federal law requires agencies to recover SNAP overpayments.The USDA Food and Nutrition Service, which oversees SNAP nationally, states that states are required to correct payment errors and recover overpayments.
This requirement applies to:
- Agency errors
- Household errors
- Fraud cases
The repayment rules are different depending on the situation, but overpayments must usually be repaid regardless of who caused the mistake.
If you still get SNAP, they can just take a portion of your future SNAP benefits to recover the debt. But if you’re no longer receiving SNAP, they will ask you to set up a payment arrangement if you can’t pay the balance in full. If you don’t respond to their request, the state can send it to the Treasury Offset Program (TOP). This federal system allows the government to collect debts from other federal payments, including:
- Social Security
- VA benefits
- Federal tax refunds
- Other federal payments
When this happens, they can usually take up to the lesser of:
- 15% of your monthly Social Security benefit, or
- The amount over $750 per month
Tax refunds can sometimes be taken in full.
Why These Debts Can Become So Large
The SNAP program has a national payment error rate of about 11%, according to federal quality control data. That means that rougly 1 in 10 SNAP payments contains an error. Most of those errors are overpayments, meaning recipients received more benefits than the program rules allowed.
The big problem is that many people don’t find out about an error until years later.
During that time, the overpayments continue to accumulate. When the mistake is finally discovered, people may suddenly receive bills for thousands of dollars.
Nationally, SNAP has an error rate of about 11%, meaning roughly 1 in 10 payments are incorrect. Most of those errors are overpayments.
How SNAP Debts End Up Taking Your Social Security
The process typically happens in several stages.
The State Identifies an Overpayment
The state SNAP agency reviews a case and determines that benefits were overpaid.
You Receive a Notice of Overpayment
The state sends a letter explaining:
- The amount owed
- The reason for the overpayment
- Your appeal rights
- The deadline to respond
These letters come from state agencies like DHS, DCF, or HHSC — not Social Security. How-SNAP-Could-Cut-Your-Social-…
The Debt Is Sent to the Treasury Offset Program
If the debt is not repaid or disputed, the state can refer it to the Treasury Offset Program (TOP).
TOP is a federal debt collection system that automatically collects money from government payments. How-SNAP-Could-Cut-Your-Social-…
Federal Payments Are Garnished
TOP can take money from:
- Social Security benefits
- Federal tax refunds
- Federal salaries
- Federal retirement payments How-SNAP-Could-Cut-Your-Social-…
These deductions happen before the money ever reaches your bank account. How-SNAP-Could-Cut-Your-Social-…
What To Do If You Get An Overpayment Notice
If you receive a notice, take these steps immediately.
Verify the Notice
Contact your state SNAP office using a trusted phone number to confirm the notice is legitimate.
Check the Deadlines
Most states allow 60–90 days to request a fair hearing.
If you appeal within about 10 days, your SNAP benefits may continue unchanged while the appeal is decided.
Request a Fair Hearing
A hearing allows you to challenge the overpayment decision if you believe it is incorrect.
You’ll usually need to include:
- Your name
- Address
- Case number
- Phone number
- Date
- Explanation of why you disagree
Keep copies of everything you send.
Ask About Hardship Relief
If repaying the debt would prevent you from covering basic needs, you may be able to request hardship relief, which can reduce or sometimes waive part of the overpayment. Basic needs include expenses like:
- Food
- Housing
- Medical care
Legal aid organizations can help with these requests.
Ask About a Debt Compromise
In some cases, states may reduce the amount you owe.
You may qualify if:
- The overpayment was caused by agency error or household error
- You cannot realistically repay the full amount within 36 months
For example:
If you owe $1,000 but can only repay $10 per month, the state may reduce the debt so it can realistically be paid.
Rules vary by state, so ask your SNAP office or contact legal aid.
Set Up a Payment Plan
If you’re no longer receiving SNAP, try to set up a payment plan quickly.
Even offering small payments like $25 per month may prevent the debt from being sent to Treasury, accoridng to
Always:
- Get agreements in writing
- Keep copies of all documents
If Social Security Is Already Being Garnished
If the Treasury Offset Program has already started taking money:
- Call the Treasury Offset Program hotline
- Ask for:
- The agency code
- The creditor agency
- Contact information
It’s important to remember that the Treasury cannot change the debt. You must work with your state SNAP agency to resolve it.
One Important Step To Protect Yourself
Even if this hasn’t happened to you, there’s one simple thing you should do right now: make sure your SNAP office has your current mailing address.
Many people miss important notices because letters were sent to an old address.
One More Update
After Jerrallee’s story was shared publicly, an anonymous donor paid off her SNAP debt in full.
That generosity helped her tremendously — but if you receive an overpayment notice, don’t ignore it. You may have options to protect your benefits before garnishment begins.
