CalFresh EBT theft claim denied - what are my rights to appeal?

Unfortunately, this is becoming more common with EBT skimming getting sophisticated. Several things could have caused the denial: 1. If the transaction used your physical card AND correct PIN, they often assume you either shared your PIN or were careless with it 2. If there's no clear evidence of card skimming at the location you used it 3. If you waited more than 10 days to report it (though you said you reported immediately) You absolutely can and should appeal! You have 90 days from the date on the denial letter. Call your county CalFresh office and request a 'state hearing' - be very specific and use those words. Bring any evidence you have of keeping your card secure and the police report to the hearing.

this happnd to my cousin last year they denied her too. she had to fight for MONTHS to get her $ back. the system is rigged against us tbh

The key issue here is the 'cardholder negligence' claim. By law, California counties must replace stolen CalFresh benefits UNLESS they can prove you were negligent with your EBT card/PIN security. Here are the steps you need to take: 1. Request a State Hearing immediately - you can do this online through your BenefitsCal account under 'Appeals' or by calling the State Hearing Division at 1-800-952-5253 2. Specifically request all evidence they used to determine 'negligence' - they must provide this before the hearing 3. Prepare your case: - Document every place you used your EBT card in the month before the theft - Get statements showing the fraudulent transactions were at locations you don't use - Bring the police report - Document your PIN protection practices Theft claims are being denied more frequently because of increased fraud, but a well-prepared appeal has good chances of success.

This is SO scary! I'm paranoid about my EBT card now. Can't believe they just decide you were negligent without proof! following this thread for info

I had EXACTLY the same thing happen!!! $480 stolen, reported it immediately, and they denied my claim too. I spent WEEKS trying to reach someone at the county office - constant busy signals, disconnections, and voicemails that nobody returned. Finally I found this service called Claimyr that got me through to an actual person at the CalFresh office within 25 minutes! They schedule a callback from the county so you don't have to keep calling and waiting on hold forever. Used the video tutorial at https://youtu.be/eZ19FHRETv8?si=_CXnXqNXbLl26WB8 and it worked exactly like they showed. Once I actually got to talk to a person at the county, they explained I needed to specifically request a 'administrative fraud investigation' before appealing. After they did the investigation, they reversed the denial and I got my benefits back. Definitely worth fighting!

Hav u checked if it was someone u kno? Not accusing but my brothers gf had her mom taking money off her card. Maybe check ur transaction history and see if its places u actually shop? Just throwing it out there cause sometimes its ppl close to us

Look into EBT skimming - there's been a HUGE increase in this type of fraud in California since 2025 began. Criminals install hidden devices on card readers (especially at ATMs and gas stations) that steal your card info, and tiny cameras to record your PIN. Then they make duplicate cards. Here's what you need to do for your appeal: 1. Request all transaction details from the county (times, exact locations) 2. If possible, get any security camera footage from the store where fraud occurred (if you know time/date) 3. Bring phone location data showing you weren't at that location 4. If you were at work, get a statement from your employer confirming your hours that day Also, moving forward, ALWAYS check for skimming devices before inserting your card anywhere (wiggle the card reader, cover the keypad when entering PIN), and consider changing your PIN frequently. Some people are even requesting new EBT cards every few months as a precaution.

I work as an advocate for CalFresh recipients, and I'm seeing this problem more and more. The standard for 'cardholder negligence' has been applied inconsistently across different counties. Some important points for your appeal: 1. California Administrative Code specifically states that the mere fact your PIN was used does NOT automatically constitute negligence 2. Request a copy of the county's specific written policy on EBT theft determinations before your hearing 3. Ask what specific evidence they have that you were negligent (they need actual evidence, not just assumptions) 4. Bring documentation of any EBT card skimming alerts or reports in your area (your local police department should have this info) The success rate for appeals in these cases is actually around 70% when properly prepared. Don't give up!

btw did u recertify recently? my friend got a denial for a similar thing but it was bcuz she didn't submit all her verification docs for recert and they were using the theft thing as an excuse

UPDATE: The California Department of Social Services just released new EBT theft guidelines in March 2025 that actually STRENGTHEN protections for victims. They specifically state that: 1. Counties must provide clear evidence of cardholder negligence - the burden of proof is on them, not you 2. Transactions at locations you've never visited are considered strong evidence of fraud 3. Timely reporting (within 10 days) creates a presumption against negligence Bring a copy of these guidelines to your hearing - I can send you the policy memo if you need it. These guidelines haven't been fully implemented in all counties yet, which is why many victims are still getting automatic denials.

I'm so sorry this happened to you! As someone who went through a similar situation last year, I wanted to share what helped me win my appeal. The key things that made the difference were: 1. I got my phone's location history from Google/Apple showing I was nowhere near the fraudulent transaction locations 2. I requested my full EBT transaction history for 6 months to prove I NEVER shopped at those stores 3. I brought printed screenshots of my normal shopping routine vs. the fraud locations 4. I emphasized in my appeal letter that I reported it the SAME DAY I discovered it The hearing officer told me afterwards that the location evidence was what really convinced them - it's hard to argue negligence when you can prove you physically weren't there. Also, when you call for your appeal, ask to speak to a supervisor if the first person isn't helpful. Some workers are more knowledgeable about these cases than others. Don't let them intimidate you - you deserve those benefits back! Keep us updated on how it goes.

I'm so sorry you're going through this - it's absolutely infuriating when the system fails people who are already struggling. I work in community legal aid and see these EBT theft denials constantly. The good news is that appeals DO work when you have the right documentation. A few additional tips that haven't been mentioned yet: 1. When you request the state hearing, also ask for a "case review" first - sometimes they'll reverse the decision without going to a full hearing if you present strong evidence upfront 2. If you have any text messages, emails, or call logs from when you discovered and reported the theft, bring those to show the timeline 3. Check if your bank/credit union offers any services that show where you were using other cards on the day of the fraud - this can corroborate that you weren't at the fraudulent location 4. Ask the fraud investigation unit at your local police department if they've had other reports of EBT skimming in your area - sometimes they'll provide a letter confirming known fraud patterns The fact that these transactions happened 30 miles away at a store you've never used is HUGE in your favor. Counties are supposed to consider geographic impossibility as strong evidence against negligence. Don't let them wear you down - you've got a solid case here!

I'm really sorry you're dealing with this - EBT theft is becoming such a huge problem and the denial process seems designed to discourage people from fighting back. Reading through all these responses, it sounds like you have a really strong case for appeal! One thing I wanted to add that might help: when you gather all your evidence, also check if you made any other purchases (gas, groceries, etc.) with a regular debit/credit card on the same day as the fraudulent EBT transactions. Bank records showing you were shopping locally while someone was using your EBT card 30 miles away would be powerful proof that it wasn't you. Also, I noticed someone mentioned Claimyr earlier - I used them last year when I couldn't get through to my county office about a different issue. The fee was around $20 but honestly worth it just to avoid the endless phone tree nightmare. They got me connected to an actual caseworker in under 30 minutes. Please keep us posted on how your appeal goes! Stories like yours help other people know they're not alone and that it's worth fighting these denials. You've got this! 💪