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Food stamp over-issuance found where Petitioner failed to report full income.

Judge Walker-Russell found an over-issuance of food stamp benefits to Petitioner as a result of her failure to report the earned income of a household member.  The Division of Family and Children Services (DFCS), therefore, correctly denied Petitioner benefits for the month of September 2012 and appropriately reduced her allotment in the month of October

Food stamp over-issuance found where Petitioner failed to report full income. Read More

Taxes assessed but penalties denied for purchase of vehicle believed to be in liquidation.

Petitioner appealed a Notice of Proposed Assessment for Sales and Use Tax issued by the Department of Revenue.  A casual sale exemption applies where a company in liquidation sells personal property used in the operation of its business.  Believing a landscaping company to be in liquidation, Petitioner purchased a 2004 Ford truck from the company. 

Taxes assessed but penalties denied for purchase of vehicle believed to be in liquidation. Read More

DHS inappropriately used overtime pay in calculating gross income.

Petitioner, a recipient of both food stamp and Right from the Start (RSM) Medicaid benefits, occasionally works overtime to support herself and her two children. The Department, in its review of her food stamp benefits, used Petitioner’s base pay in calculating gross income and correctly found her ineligible.  However, in calculating her eligibility for RSM

DHS inappropriately used overtime pay in calculating gross income. Read More

Petitioner erroneously denied Medicaid as “over income” need not reapply but DFCS can deny application on other grounds.

Respondent, the Division of Family and Children Services (DFCS), stipulated that its denial of Petitioner’s application for Nursing Home Medicaid was erroneous.  The error was due to a failure to exclude Aid and Attendance Department of Veterans’ Affairs (VA) benefits, which are not counted as income for Medicaid eligibility purposes.  Judge Woodard held that Petitioner

Petitioner erroneously denied Medicaid as “over income” need not reapply but DFCS can deny application on other grounds. Read More

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