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Food stamp applicant presented sufficient evidence of recurring expenses for prescription drugs.

Topic: Public Assistance, Decided by Judge Malihi 
Docket Number: ******* , Decision Date: 2017-08-29 
Attachment: Click here to download the decision. 

Two printouts from medical insurance provider evidencing that a food stamp applicant made two payments for prescription medication in separate months and that each refill was for a 30 days’ supply, together with a note from the beneficiary’s doctor, sufficiently demonstrated that the applicant’s medical [..] Read More..

Petitioner did not receive earned income such as would disqualify him from Senior SNAP.

Topic: Public Assistance, Decided by Judge Malihi 
Docket Number: ******* , Decision Date: 2017-01-30 
Attachment: Click here to download the decision. 

Vague, second-hand testimony to the effect that a recipient of food stamp benefits under “Senior SNAP” was working as a “self-employed electrician” insufficient to disqualify him from the program.

TANF applicant entitled to conciliation following first material violation.

Topic: Public Assistance, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2016-05-31 
Attachment: Click here to download the decision. 

A TANF applicant’s failure to attend a meeting due to her mistake in recording the date and time of the appointment constituted a material violation of program rules.  However, as the applicant’s failure to keep the appointment was the first material violation she had committed, [..] Read More..

Adoption assistance not available to college student placed on adoptive status at age 3.

Topic: Public Assistance, Decided by Judge Walker-Russell 
Docket Number: 1647700 , Decision Date: 2016-07-06 
Attachment: Click here to download the decision. 

A child must be placed on adoptive status at age 13 or older in order to receive Adoption Assistance benefits while attending college after he or she reaches age 18.  Accordingly, Petitioner could not continue to receive Adoption Assistance benefits after her child turned 18 [..] Read More..

Qualified aliens subject to five-year waiting period before receiving Medicaid.

Topic: Public Assistance, Decided by Judge Malihi 
Docket Number: ***** , Decision Date: 2015-10-07 
Attachment: Click here to download the decision. 

Petitioner and his family, all of whom entered the United States legally in 2012, were ineligible for Medicaid during a mandatory five-year “waiting period” absent a showing that they met a statutorily-prescribed exception.

Adopted child entitled to continued assistance lost due to agency’s failure to inform.

Topic: Public Assistance, Decided by Judge Walker-Russell 
Docket Number: ***** , Decision Date: 2015-08-18 
Attachment: Click here to download the decision. 

An agency representative failed to advise adoptive parents of a twelve-year-old child that signing the adoption agreement before the child turned thirteen precluded the child from accessing continued benefits in the event she attended college after she turned eighteen.  This non-disclosure departed from the agency’s [..] Read More..

Agency must submit adoption assistance application prior to transfer of custody.

Topic: Public Assistance, Decided by Judge Walker-Russell 
Docket Number: 1613786 , Decision Date: 2015-11-23 
Attachment: Click here to download the decision. 

The Division of Family and Children Services (DFCS) failed to apply for adoption assistance prior to transferring custody of two children to their adoptive parent.  As a result, the prerequisite that an adoption assistance agreement be in place prior to finalization of adoption was not [..] Read More..

The state must reimburse for services provided in intervening months pursuant to Medicaid law.

Topic: Public Assistance, Decided by Judge Wood 
Docket Number: ***** , Decision Date: 2015-08-07 
Attachment: Click here to download the decision. 

The Division of Family and Children Services (DFCS) denied Petitioner Medicaid benefits for covered services provided to her during the month she applied, citing its updated policy of no longer approving reimbursement for “intervening months”, i.e., the period between submission and approval of the Medicaid [..] Read More..

Agency authorized to remove food stamps balance after twelve months of inactivity.

Topic: Public Assistance, Decided by Judge Woodard 
Docket Number: ******* , Decision Date: 2015-01-22 
Attachment: Click here to download the decision. 

The Division of Family and Children Services (“DFCS”) removed, or “expunged” the balance of Petitioner’s food stamps benefits after he failed to access those benefits for a period exceeding twelve months. DFCS continued to expunge monthly benefit amounts from Petitioner’s account as each benefit amount [..] Read More..

Nursing Home Medicaid resource limit must be raised to allow for maintenance of community spouse.

Topic: Public Assistance, Decided by Judge Woodard 
Docket Number: ***** , Decision Date: 2015-06-15 
Attachment: Click here to download the decision. 

The State is required pursuant to the Medicare Catastrophic Coverage Act to increase the resource limit for nursing home Medicaid where doing so would enable a nursing home resident’s non-institutionalized (or “community”) spouse to meet a monthly maintenance needs allowance, the amount of income necessary [..] Read More..

Testamentary devise to trust results in transfer penalty.

Topic: Public Assistance, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2013-07-29 
Attachment: Click here to download the decision. 

Petitioner, a nursing home resident, was ineligible for Medicaid while her husband was alive because the couple’s combined resources exceeded program limits.  When her husband died, all of the couple’s resources were transferred to a trust held for the sole benefit of their daughter per [..] Read More..

Must provide reasonable accommodations to applicants with disabilities.

Topic: Public Assistance, Decided by Judge Walker-Russell 
Docket Number: ***** , Decision Date: 2014-08-12 
Attachment: Click here to download the decision. 

The Division of Family and Children Services (DFCS) failed to comply with Title II of the Americans with Disabilities Act—which requires public entities to provide reasonable accommodations to individuals with disabilities—when it failed to extend an application renewal deadline to an individual suffering from schizophrenia [..] Read More..

Reimbursement for job-related expenses not income for food stamp purposes.

Topic: Public Assistance, Decided by Judge Beaudrot 
Docket Number: ***** , Decision Date: 2014-05-05 
Attachment: Click here to download the decision. 

For purposes of determining food stamp eligibility, income does not include non-taxable per diem reimbursements for the expense of meals and lodging incurred in connection with employment.

Food stamp recipient administratively disqualified and required to return overpayment.

Topic: Public Assistance, Decided by Judge Teate 
Docket Number: ***** , Decision Date: 2014-05-13 
Attachment: Click here to download the decision. 

A food stamp recipient was found to have committed food stamp fraud by failing to report her husband on her food stamp application.  The clear and convincing evidence, which included evidence that her husband held himself out as living at that address and that she [..] Read More..

Ambiguity in Food Stamp Manual regarding whether owner of LLC must report all business income as personal income.

Topic: Public Assistance, Decided by Judge Baxter 
Docket Number: ***** , Decision Date: 2014-04-16 
Attachment: Click here to download the decision. 

The Office of Inspector General (OIS) sought to administratively disqualify Respondent, a food stamp recipient, for committing two intentional program violations and to recoup an overissuance of $33,693.00 for the period of January 2009 through December 2012.  The first allegation is that Respondent committed an [..] Read More..

Knowledge of program requirement necessary for violation to be intentional.

Topic: Public Assistance, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2014-04-29 
Attachment: Click here to download the decision. 

The Office of Inspector General (OIS) was not authorized to administratively disqualify Respondent from participation in the Temporary Assistance for Needy Families (TANF) program for using her benefits at a liquor store.  While such an expenditure is a violation of the TANF program, OIS failed [..] Read More..

On-base housing excluded from military family’s income when determining food stamp eligibility.

Topic: Public Assistance, Decided by Judge Beaudrot 
Docket Number: ******* , Decision Date: 2014-03-21 
Attachment: Click here to download the decision. 

Petitioner, an army enlistee, lives with his wife and child on a military base.  He receives free housing that is reported as a basic housing allowance for tax purposes; however, under the food stamp manual, in-kind benefits, which are not in the form of money [..] Read More..

Use of mailing address did not prove living arrangement in light of other evidence.

Topic: Public Assistance, Decided by Judge Walker-Russell 
Docket Number: ******* , Decision Date: 2014-03-25 
Attachment: Click here to download the decision. 

The Department of Human Services, Office of the Inspector General (OIS), failed to prove by clear and convincing evidence that Respondent committed an intentional food stamp program violation.  OIS sought to prove that Respondent lived with the father of one of her children, yet did [..] Read More..

A conditional discharge is not a criminal conviction for purposes of food stamp benefits.

Topic: Public Assistance, Decided by Judge Schroer 
Docket Number: ***** , Decision Date: 2014-01-10 
Attachment: Click here to download the decision. 

The Office of Inspector General (OIS) was not permitted to administratively disqualify Petitioner, a food stamp recipient, from receiving benefits, nor could it collect an overissuance of food stamps.  OIS asserted that Petitioner had committed food stamp fraud by failing to report a felony drug [..] Read More..

Cannot deny food stamp benefits when recipient unable to comply with renewal interview.

Topic: Public Assistance, Decided by Judge Oakley 
Docket Number: ***** , Decision Date: 2014-01-24 
Attachment: Click here to download the decision. 

In the absence of refusal to comply with the renewal process, the Division of Family and Children Services (DFCS) could not disqualify Petitioner from food stamp participation for merely failing to complete the interview portion of the renewal application process.  Petitioner never received the scheduled [..] Read More..

Must inform public assistance applicants of unavailability of application website.

Topic: Public Assistance, Decided by Judge Walker 
Docket Number: ***** , Decision Date: 2014-01-27 
Attachment: Click here to download the decision. 

The Division of Family and Children Services (DFCS) violated the due process rights of Petitioner, a Medicaid recipient, when it informed her that she had until November 30, 2013, to file a renewal application on its website, COMPASS, but did not inform her that the [..] Read More..

The Department must prove an intentional program violation.

Topic: Public Assistance, Decided by Judge Miller 
Docket Number: ******* , Decision Date: 2013-11-21 
Attachment: Click here to download the decision. 

The Georgia Department of Human Services failed to prove by clear and convincing evidence that Petitioner failed to report her full household income.

Failure to report wife’s income results in food stamp over-issuance.

Topic: Public Assistance, Decided by Judge Miller 
Docket Number: ******* , Decision Date: 2013-11-21 
Attachment: Click here to download the decision. 

 The Division of Family and Children Services (DFCS) correctly disqualified Petitioner from participation in Supplemental Nutrition Assistance Program for twelve months after he failed to report his wife’s income.

Food stamp allotment modified due to calculation errors.

Topic: Public Assistance, Decided by Judge Miller 
Docket Number: ******* , Decision Date: 2013-11-27 
Attachment: Click here to download the decision. 

  The administrative law judge modified a reduction of Petitioner’s food stamp allotment after Petitioner unintentionally misreported her rent and the Department of Human Services erred in its calculation of medical deductions due to an increase in the Medicare supplement premium.

Reduction of monthly food stamp allotment authorized due to recipient’s increased income.

Topic: Public Assistance, Decided by Judge Walker 
Docket Number: ***** , Decision Date: 2013-10-29 
Attachment: Click here to download the decision. 

Respondent, the Division of Family and Children Services (DFCS), was authorized to reduce Petitioner’s monthly allotment under the Food Stamp Program because Petitioner’s monthly income had increased.

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