Suit: USDA wrongly denying emergency food stamps

Lawsuit alleges USDA affecting poor residents

A lawsuit filed Thursday in U.S. District court alleges the federal government is improperly denying emergency food assistance to the poorest Pennsylvanians.

The Families First Coronavirus Response Act, passed by Congress in March, provided for emergency additional food stamp benefits during the COVID-19 pandemic and ensuing economic shutdowns.

The lawsuit alleges the U.S. Department of Agriculture, which administers the food stamp program, is misinterpreting the law and improperly capping the benefits low-income Pennsylvanians can receive.

“Nearly 40% of Pennsylvania SNAP households, including many elderly people, families with young children, and people with disabilities, currently receive no emergency SNAP at all due to the USDA’s violation of the law,” attorneys said in a press statement Friday, referring to the food stamp program by its formal name, the Supplemental Nutrition Assistance Program.

The federal agency is only allowing the emergency aid to bring SNAP households up to the maximum benefit. The poorest households, which were already receiving the maximum amount allowed due to their low income, thus are not receiving any emergency aid at all.

In March, Pennsylvania asked the federal government for permission to give SNAP recipients additional benefits, but the USDA denied the request. More than 1.9 million Pennsylvanians receive food assistance. SNAP enrollment increased by 9.7%, or 189,727 people, from February through May, according to data the state released last month.

The litigation was filed by Community Legal Services of Philadelphia and law firm Morgan Lewis on behalf of plaintiffs Latoya Gilliam, of Philadelphia, and Kayla McCrobie, of Pittsburgh.

“Because of the pandemic, I cannot buy all of the food I need for proper nutrition. I sometimes don’t have enough food, and skip meals. I

am feeling the health effects of that,” Ms. McCrobie said in a statement.

“USDA’s interpretation of the law is keeping food off the tables of Pennsylvania families during a time of desperate need. We are asking the court to invalidate USDA’s cap on emergency allotments, which denies emergency SNAP to those who need it most,” said John Lavelle, an attorney for Morgan Lewis.

USDA officials could not be reached Friday for comment.