Alaska Health Dept. Commissioner Hit with Class Action Over ‘Massive’ Food Stamp Processing Delays

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Alaska Department of Health Commissioner Heidi Hedberg faces a proposed class action that alleges “immense delays and chaos” bogging down the state’s Supplemental Nutrition Assistance Program (SNAP) have prevented thousands of residents from accessing benefits they need to buy food. 

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The 47-page complaint was initially filed in Anchorage Superior Court on January 20 in the wake of Shawnda O’Brien, former head of the Alaska Department of Health’s Division of Public Assistance, stepping down from her post amid “copious press attention and criticism” over the division’s failure to timely issue food stamps and Medicaid benefits. 

In the wake of O’Brien’s resignation exists a “massive backlog of unprocessed SNAP cases” that has left thousands of Alaskans without critical food assistance during the coldest time of year, the lawsuit says. 

“[Hedberg] has subjected thousands of Alaskans to ongoing hunger and continues to do so,” the suit alleges, claiming she and her department have consistently failed to process SNAP applications and issue eligibility decisions within the timeframe required by law, among other failures. 

By law, SNAP benefits must be furnished to all eligible households who apply to participate in the program, and would-be participants must be allowed to file an application for food stamps the same day they contact their local services office, the case explains. The Alaska Department of Health must schedule an interview for all SNAP applicant households “as promptly as possible” to ensure those who are eligible can receive an opportunity to participate in the program within 30 days after their application is filed, the suit says. 

Further, the law requires the Alaska DOH to expedite the processing of certain households who apply for SNAP assistance. 

The case summarizes that it is not good enough for the Alaska Department of Health to merely process a SNAP application and deem a household eligible to participate within the relevant statutory deadline, as the applicant must have an opportunity to obtain food stamps no later than 30 calendar days after their application was filed. 

The case chides the Alaska DOH for, among other shortcomings, utilizing a 28-page paper SNAP application form as many low-income households lack the capacity to print such a long document. Per the suit, the department does not offer an interactive online application for those who cannot print the 28-page form.

As for the department’s physical offices where SNAP applicants can file initial or recertification forms, the DOH falls short of keeping these locations properly open as only their lobbies are accessible, and in-person assistance is “widely variable between locations,” the case claims. Otherwise, DOH district offices “may also close without posted notice or warning to SNAP applicants and recipients who are looking for help,” the lawsuit says, adding that some hub cities in rural areas near indigenous communities no longer have any physical offices. 

Further still, it is “currently impossible” to get an interview on the same day a SNAP application is filed, the complaint claims. For rural Alaskans, the interview notice “often arrives after the scheduled interview,” causing them to miss the sit down through no fault of their own, the suit states. 

Alaska SNAP applicants who call to check on the status of their pending applications or recertifications often have to wait on hold in a queue for hours, the filing goes on. 

On February 10, KTOO.org reported that although thousands of Alaskans had received their food stamps, thousands more were still waiting. The publication reported that state offices relayed that the Division of Public Assistance was working through the SNAP backlog faster, but staff tasked with processing the paperwork say “they were told to cut corners to do that.” 

New Division of Public Assistance Director Deb Etheridge said the department is “taking all measures that we can to expedite this food stamp recertification process,” and described the backlog as an “all hands on deck” situation, KTOO.org wrote. 

The case looks to represent all Alaska residents who, since January 20, 2021, have applied, are applying, or will apply for SNAP benefits through an initial application or an application for recertification and did not or will not receive an eligibility determination within the legally required timeframe. The suit also aims to cover all Alaska residents who, since January 20, 2021, were or will be denied the right to file a SNAP application the first time they contact the agency. Lastly, the filing looks to represent all Alaska residents with “limited English proficiency” who, since January 20, 2021, did or will not receive application materials or vital eligibility documents in their primary language and/or access to oral interpretation services, as required by the SNAP Act. 

The lawsuit asks the court to require Hedberg and the Alaska Department of Health (DOH) to timely process new and recertification SNAP applications and render SNAP eligibility determinations to eligible households, provide applicants with written notice of processing delays that include fair hearing rights, provide applicants with written notice of their eligibility for assistance, provide interpretation services and translations for written materials to SNAP applicants and recipients, and to ensure that SNAP applicants can make an application for benefits on the date of their first contact with the DOH. 

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