Skimming is a form of electronic theft. If you used your EBT card at an ATM or store where the card reader contains a nearly invisible skimming device, your EBT data can be copied. This allows your benefits to be used by a third party in another location. Often victims of skimming only find out that their benefits were stolen when their balance suddenly decreases or they check their EBT transactions and they learn their benefits were used in a different borough or different state

Anyone who has had SNAP benefits skimmed between October 1, 2022 and December 20, 2024, can apply for replacement SNAP benefits by following the process described below under” How do I submit a claim for replacement benefits?”

Note: You do not need to have an active SNAP or Cash Assistance case to be eligible to receive a replacement.

Anyone whose SNAP was stolen before October 1, 2022 or after December 20, 2024, may be able to get an emergency food grant from HRA. This is different from having the stolen benefits replaced. Unfortunately, at this time, there is no reimbursement SNAP benefits that were skimmed before October 1, 2022 or after December 20, 2024. But if you have no food or money to buy food, you can apply on AccessHRA for an emergency food allowance as “emergency assistance.”

If you are already receiving ongoing cash assistance, the food allowance is limited to the amount of cash your household gets on the EBT card for any given month and HRA can ask you to pay it back. No interview is required.

If you only receive SNAP and no cash assistance, you can apply for the food allowance as a type of One Shot Deal (OSD), but you must meet the income and resource requirements. HRA says that the emergency food grant may only be issued if you have exhausted other resources or they are not available. HRA will not ask for documentation that you used community resources. HRA can accept your statement.

What if my SNAP was stolen before October 1, 2022 or after December 20, 2024?

The Legal Aid Society is pursuing a lawsuit, Chen v. Vilsack, which, if successful, may result in you being able to get reimbursed for SNAP benefits stolen prior to October 1, 2022 and after December 20, 2024. Legal Aid and others are also engaged in legislative advocacy to authorize reimbursement for victims. Legal Aid will update this information when we have any news to report on Chen or other changes in the law. You do not need to sign up or register now to be eligible for relief through Chen.

Anyone who has had Cash Assistance benefits skimmed on or after January 1, 2022 can apply for replacement cash assistance benefits by following the process described below under “How do I submit a claim for replacement benefits?”

Note: You do not need to have an active SNAP or Cash Assistance case to be eligible to receive a replacement.

You have thirty (30) days from the date you discovered the theft to submit a request for replacement.

If you do not know your exact date of discovery, you can leave this field blank, and it will not cause your claim to be rejected. Any claims with a date of discovery more than 30 days prior to the date you submit the form will be rejected. For example, if you discovered that your benefits were skimmed on August 22 and you submit a form for reimbursement on October 1, your claim for reimbursement will be rejected because you sought reimbursement too late, more than 30 days after discovery.

It depends.

• If 2 months or less of your benefits were skimmed, you are eligible to receive the full amount of benefits skimmed.
• If more than 2 months of benefits were skimmed, you are eligible to receive 2 times the benefits you received in the month before your benefits were stolen, or roughly 2 months of benefits.

To make a claim, you need proof that your benefits were “skimmed.” There are several ways to get the proof you need. Please note if you have already taken Steps 1 and 2, you can go straight to Step 3.

Step 1

Report your card as stolen* to EBT — Go online or call EBT Customer Service at 888-328-6399 to report your card as stolen. Once you report your card stolen, you can’t use it. You will be sent a new card to use that you should receive within 7 days.

*Even if your card was not physically stolen, you must report it as stolen to indicate that the benefits on your card were electronically stolen.

** Please note that until you’ve reported your card stolen, the card is still active, and you are technically at risk of skimming unless you change your PIN after every transaction/use of card.

Step 2

Obtain your EBT Transaction history — Identify the transactions that were fraudulent (made by someone other than you) by using either of the following 2 options:

Option 1: Check your EBT history online or by downloading the ConnectEBT mobile app.

Option 2: Call EBT Customer Service at 1-888-328-6399 to hear your last ten transactions, or speak with a live customer service representative.

Step 3

Submit a claim for Replacement Benefits — To submit a claim, you will need your Client Identification Number (ID Number on your EBT card), your case number, and EBT transaction history.

Option 1: Submit a claim online; or

Option 2: Visit your local Benefits Access Center or Snap Center to request a paper copy, fill it out, and submit it at the Center.

Option 3: Request a paper copy and mail the claim to: Department of Social Services P.O. Box 02-9121 Brooklyn GPO, Brooklyn, NY 11202 You can get a paper copy online, by visiting your local Center, or by calling Infoline 718-557-1399 to request a form be mailed to you.

It may take up to 4 weeks for you to receive a notice in the mail of the agency’s decision. If your claim is approved, the benefits will be loaded onto your EBT card.

If your claim for replacement benefits is denied, you have the right to a Fair Hearing if you disagree with the determination made. You can request a Fair Hearing over the phone at 800-342-3334. You can also request a Fair Hearing online or by mail by following the instructions found here. For more information on fair hearings, visit Fair Hearing Help NY. Once you request a Fair Hearing, you will receive a notice telling you the time and location of your hearing.

For more information, please visit HRA’s website.

You can also call our Access to Benefits helpline at 888-663-6880 Monday through Friday from 10:00 a.m. to 3:00 p.m.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.