Liliana Yearns

Superior court upholds OSAH Judge’s hearsay ruling in case involving EBT trafficking scheme

The Superior Court of Fulton County upheld an OSAH Judge’s decision to disqualify a food stamp participant from receiving benefits for 12 months.  The participant was found to have engaged in a trafficking scheme that involved exchanging EBT benefits for cash. In reaching his decision, the OSAH Judge had overruled objections from the participant that …

Superior court upholds OSAH Judge’s hearsay ruling in case involving EBT trafficking scheme Read More

Medicaid applicant found eligible for SLMB, but not eligible for any other Q Track benefits

An applicant for Medicaid benefits was found eligible for benefits under the Specified Low-Income Beneficiary class of assistance (SLMB), which is a Q Track class of assistance.  However, he appealed this determination, seeking more benefits.  The Court concluded the applicant’s income was too high for him to receive any other Q Track benefits, and he …

Medicaid applicant found eligible for SLMB, but not eligible for any other Q Track benefits Read More

Court lacks legal authority to compel EPD to refer untimely hearing request

Two individuals filed a Petition for Direct Appeal, arguing that the Environmental Protection Division (EPD) failed to refer their joint hearing request to this Court for adjudication.  The individuals sought to challenge the EPD’s approval of another person’s requested stream buffer variance.  The EPD, in turn, argued that it was not required to refer untimely …

Court lacks legal authority to compel EPD to refer untimely hearing request Read More

Agency can recoup food stamps from the entire household based on a single member’s trafficking violation

In this matter, an individual appealed the reduction of food stamp benefits for his household.  The benefits had been reduced because the agency was recouping overpayments from the time the individual had been illegally trafficking food stamps.  The individual conceded that he had been disqualified from the program due to the trafficking, but that the …

Agency can recoup food stamps from the entire household based on a single member’s trafficking violation Read More

Diagnoses of ADHD and schizophrenia do not qualify as “closely related conditions” under NOW/COMP

The Court denied an applicant’s request for benefits under Medicaid’s New Options Waiver/Comprehensive Supports Waiver Program (NOW/COMP) because he did not meet the criteria of having an intellectual disability or a closely related condition. Although the applicant had been diagnosed with ADHD and schizophrenia before the age of 22, a “closely related condition” under NOW/COMP …

Diagnoses of ADHD and schizophrenia do not qualify as “closely related conditions” under NOW/COMP Read More

Nurse’s refusal to examine inmate deemed a failure to meet minimal standard of care

A Georgia nurse was placed on probation for one year after failing to perform anything more than a visual assessment on an inmate who was having trouble breathing while under her care and eventually died. Although the nurse was operating under the belief that the patient was detoxing from drugs and did not face any …

Nurse’s refusal to examine inmate deemed a failure to meet minimal standard of care Read More

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