State Plan for The Replacement of Stolen EBT Benefits, 2023

State: Ohio Department of Job and Family Services (ODJFS)

Region: Midwest
Primary Citations: Consolidated Appropriations Act, 2023

Retroactive Claims: Describe how the State will handle retroactive claims (i.e., the claims that
cover theft that occurred between October 1, 2022, and the date the State plan is approved).
Describe how long the State will accept these replacement requests. How will the State inform
households whose benefits were stolen prior to the implementation of the State plan of the possibility
for retroactive replacement? Will the State contact households that previously reported stolen
benefits?

For assistance groups (AGs) that previously reported being a victim of skimming, cloning or other
similar fraudulent methods (hereinafter referred to as electronically stolen benefits) between
October 1, 2022 and the implementation date of Ohio’s replacement request process, ODJFS will
send the AG the replacement request form and will inform the AG it may file a claim to replace the
electronically stolen benefits by completing and returning the form within 90 calendar days of the
mailing date of the notice.

For AGs identified by ODJFS as potentially having been a victim of electronically stolen benefits
between October 1, 2022 and the implementation of Ohio’s replacement request process, ODJFS
will send the AG the replacement request form and will inform the AG it may file a claim to replace
the electronically stolen benefits by completing and returning the form within 90 calendar days from
the mailing date of the notice.

All other AGs who experienced electronically stolen benefits between October 1, 2022 and the
implementation of Ohio’s replacement request process, will have 90 calendar days after the
implementation of Ohio’s replacement request process to complete and submit the replacement
request form to the county agency.

Submission of Claims – Timeliness: Describe what the State considers to be a timely report of
electronic benefit theft (e.g., within XX days of loss). Describe how the State Agency will verify if a
request was submitted in a timely manner.

A regular replacement request will be considered timely if the request form is complete and
submitted to the county agency within 90 calendar days of the date the benefits were
electronically stolen. The county agency will verify through EBT records that one or more of the
transactions identified on the request form occurred within 90 calendar days of the date the
complete request form was received by the county agency.

If the above timeframe is not met, it is an untimely submission and the replacement request will
be denied.
For retroactive claims, see the section above. County agencies will have to verify those timeframes
are met.

Submission of Claims – Procedure: Describe the methods through which the State Agency will
accept claims and the criteria that will be used to determine the validity of the claims. Describe how
households will submit claims to the State Agency to report benefit theft, whether by mail, online
portal, in-person, over the phone, and/or other submission. If the State chooses to create a form for
households to report claims, provide a description or example of this form.

Ohio is creating a new form for SNAP AGs to request a replacement of electronically stolen
benefits. The form will be available publicly on the Forms Central Website. This form must be
completed and submitted to the county agency. The form must be signed and have all of the
required sections completed. The form may not be signed electronically or by telephonic
signature. It may be submitted to the county agency in person, by mail, fax or email. The
replacement request form will include:
• An attestation from the AG that it had no knowledge of the transaction(s) and that the
transaction(s) was/were not authorized by any member of the AG;
• IPV warning language;
• A place for the AG to:
o Indicate a new EBT card has been requested after the last alleged fraudulent
transaction occurred and prior to submission of the completed form to the county
agency;
o List each allegedly fraudulent transaction (including location, date and amount);
and
o Provide additional information to support its claim that benefits were
electronically stolen.
While an AG can submit a replacement request form at any time, ODJFS will be monitoring
EBT activity to identify potential electronically stolen benefits. If there is sufficient evidence of a
retailer using skimmed benefits, ODJFS will request approval from FNS to block point of sale
terminals and will send county agencies a report of cases that appear to have been victims of
electronically stolen benefits. The county agency will then have 15 calendar days to send a letter
and replacement request form to the AG to complete and submit to the county agency.

The State identifies suspicious activity or fraud based on the following criteria:
When determining if an AG has already received two benefit replacements in the federal fiscal
year, Ohio will only look at replacements that were for the exact same AG composition. If there
have been changes in the AG composition since the previous replacements, they will not be
attributed to the new AG, even if there are some members from the original AG. Thus, some
individuals may receive more than two replacements in a year if they are in a new AG.

Validation – Timeliness: Describe what the State Agency considers to be a timely validation of
claims by the State Agency.

For regular and retroactive claims, the State will make a validation of claims and issue a
determination (approval or denial of replacement) within 30 calendar days of receipt of the
replacement request form.

Upon receipt of the replacement request form, the county agency must review the request to ensure
the required fields are complete. If required fields are incomplete, the county agency will send the
AG a request to complete the required fields and provide 15 calendar days to return the form with the
required fields completed. If one of the incomplete fields is the transaction amount, date and location,
the county agency will be required to send the AG a copy of their EBT transaction history.

Validation – Criteria: Describe the criteria against which the State Agency will validate submitted
claims of benefit theft. How will the State verify the signed affidavit? What verification/
documentary evidence will the State use?

A claim will be determined to be valid if there is evidence of two or more of the following:
A county agency will rely upon the attestation of the AG, AG transaction history, trend data, AG
online and IVR account history, and the SNAP eligibility system, Ohio Benefits (OB), for previous
replacement benefit issuances to validate the claim.
Validation – Denial of Claims: Describe conditions for the denial of claims.

An AG’s replacement request for stolen benefits will be denied for one or any of the following
reasons:

1. The AG fails to submit the replacement request form timely (within 90 calendar days);
2. The replacement request form was submitted timely but not completed after the county
agency requested it to be completed and returned within 15 calendar days;
3. The alleged loss/theft occurred prior to 10/1/2022 or after 9/30/2024;
4. The AG has already had stolen benefits replaced twice during the federal fiscal year;
5. Two or more valid claim criteria have not been met;
6. The AG reported a lost or stolen EBT card associated with the unauthorized transactions
that is not due to skimming/cloning; or
7. The AG gave card and PIN to another person and benefits were subsequently
stolen/misused.
8. Requested replacement amount exceeds the lesser of the amount of benefits stolen from
the AG or the amount equal to two months of the monthly allotment of the AG
immediately prior to the date when benefits were stolen.

If an AG submits a request for replacement for an amount that is more than the allowable
replacement amount, if all other criteria is met for replacement they will receive a notice that only
approves up to the allowable amount.

Fair Hearings: Describe how households will be informed of their right to a fair hearing.

The approval and denial notices will state that the individual has a right to a fair hearing if they do
not agree with actions taken on the replacement request, including the amount that is replaced.
Replacement benefits will not be made when a fair hearings appeal is pending for the replacement of
stolen benefits.

Record Keeping: Describe how the State Agency will document and store submitted claims and the
State’s decision on the claim. Describe how the State will ensure that documentation tracks the
number of benefit replacements per household.

Submitted replacement requests forms will be scanned into the Enterprise Document Management
System (EDMS) under the AG’s case file. The approval and/or denial notice will be sent to the
individual with the outcome of the replacement request and will also be scanned into EDMS.

OB will have a case flag for cases that are approved for replacement benefits. There is a notes section
associated with a case flag where the county agency will enter information about the approved
benefits. When an AG applies for subsequent replacements, the workers can check this to determine
the number of replacement occurrences per AG. The case’s journal notes can also be documented
with details of replacement requests approved or denied.

The county agency will record the receipt of each request for replacement form received and if a
replacement card was requested and issued. If a new card has not been issued since the last electronic
theft transaction, the county agency will do a card replacement and indicate it on the approval form.
The county agency will record the disposition (pending, approved, or denied), the total amount
electronically stolen, the total amount replaced, and the number of fraudulent transactions (approved
or denied). This number will be reported to ODJFS on a regular basis in order for ODJFS to complete
the report for FNS.

Benefit Distribution: Describe how the State Agency will issue replacement benefits. Under what
timeframe will benefits, including a new card, be made available to households? If a State Agency’s
approach to distributing stolen benefits deviates from their normal procedure for benefit
replacement, how will the State Agency coordinate this with their EBT processor? How will the State
ensure the household does not receive more than two replacements within the FFY?

The State will make a validation of claims, issue a determination (approval or denial of replacement)
and reissue benefits within 30 calendar days of receipt of the replacement request form. The
allowable replacement amount cannot exceed the lesser of the amount of benefits stolen from the
household or the amount equal to 2 monthly allotment of the household immediately prior to the
date when the benefits were stolen. Benefits will be issued to a new EBT card.

To issue replacement benefits, a county agency will utilize the existing OB system process for
replacing benefits for AG misfortune, then flag the case as described above as replaced for being
electronically stolen. Once benefits are approved in the system, they will be available to the AG the
next business day.

To ensure the AG does not receive more than two replacements in a federal fiscal year, the approved
issuances will be documented in OB for workers to review prior to approving a request for
replacement. As explained above, OB has a case flag option and there is a notes section associated
with a case flag. The county agency will enter in the case flag notes section the number of
replacement occurrences per AG. Journal notes may also be documented with details of replacement
requests approved or denied.

Data on Benefit Theft: Describe how the State will submit this data to FNS. FNS encourages States
to report the data elements included in the Federal Replacement of Stolen Benefits Data Report
template. Confirm if the State will use the Data Report template. If the State opts-out of using the
provided Data Report template, describe the specific data elements the State will report and the data
report template or format the State will use. Confirm if the State will use the reporting frequency
outlined in the guidance document. If not, describe the frequency at which the State will submit
reports.

County agencies will collect and report benefit theft data to ODJFS based on the template provided
by FNS. ODJFS will then submit this data to FNS using the template provided, at the frequency
outlined in the skimming guidance document.
Current Benefit Theft Prevention: Describe the current benefit theft prevention measures the State
Agency is already using to aid in benefit protection. This may include but is not limited to methods
described in the October 31, 2022 guidance issued by FNS and ACF, such as restrictions on common
PINs, card freezing capabilities, etc.

Ohio has implemented the following prevention measures:

• Increasing awareness and best practices to clients in order to prevent benefits from being
electronically stolen through text messaging, phone calls, social medica, updating approval
and change notices, and the self-service portal for clients. The messages were shared with the
county agencies also. The best practices include:
o Changing PIN frequently
o Keeping cards safe
o Checking balances regularly
• Regular communication with county agency fraud workers to provide best information to
county agencies.
• Data mining for suspicious transactions; identifying at-risk retailers, and work with FNS to
block retailers/POS devices.
• ODJFS is also working on videos to raise awareness of electronically stolen benefits and will
include how to request replacement benefits.

Planned Benefit Theft Prevention: Describe the State Agency’s planned use of any additional
benefit theft prevention measures that may be available from its EBT processor or elsewhere.

Ohio is working with Conduent to implement the card lock and transaction alert functionality.
Implementation Timeline: Provide an implementation timeline for this State plan with estimated
dates for major milestones in your plan. Dates on the timeline may include the State’s availability to
accept claims and provide issuance to households.

The State will begin accepting replacement requests for stolen benefits within 90 calendar days of
Ohio’s plan being approved by FNS with a targeted implementation date of July 31, 2023. This is to
allow for the development and approval of forms, policy letters, system updates, website updates,
and training for county agencies. If Ohio is able to implement prior to July 31st, we will notify FNS.

Messaging: FNS strongly encourages including in this plan a description of how the public will be
made aware of this replacement option. Will this be communicated through letters, social media, text
messages, outreach partners, or the agency’s website? Include plans for ensuring accessibility to
persons with disabilities, the elderly, and other vulnerable populations, as appropriate.

Ohio will utilize multiple methods to inform SNAP recipients of the new process, including: text
messaging and robocalls; updating outreach partners; updating websites; and a social media
campaign.

Ohio will share with the Ohio Department of Aging the messaging and videos regarding
electronically stolen benefits and the replacement request form so that that this information can be
shared with the local area agencies on aging to inform elderly Ohioans.
We will also translate the replacement request form into our 6 primary non-English languages spoken
by Ohio SNAP recipients.

Signature and Title of Requesting SNAP State Agency Official:

Betsy Suver

Betsy Suver, SNAP Director

Date of Request:

02/27/2023 Revised submission date of 05/11/23