Public Assistance

Husband’s foreign pension must be verified when determining applicant’s food-stamp eligibility

Judge Brown

March 11, 2022

The Court upheld the denial of food stamps for an applicant whose husband, a Swedish citizen, received a pension from another country.  The Court concluded that food-stamp regulations and DFCS’s... Read More

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

Judge Malihi

August 29, 2017

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’... Read More

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

Judge Malihi

January 30, 2017

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. Read More

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

Judge Walker-Russell

July 6, 2016

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. ... Read More

TANF applicant entitled to conciliation following first material violation.

Judge Miller

May 31, 2016

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... Read More

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

Judge Walker-Russell

November 23, 2015

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... Read More

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

Judge Malihi

October 7, 2015

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... Read More

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

Judge Walker-Russell

August 18, 2015

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... Read More

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

Judge Wood

August 7, 2015

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... Read More

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

Judge Woodard

June 15, 2015

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... Read More

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

Judge Woodard

January 22, 2015

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... Read More

Must provide reasonable accommodations to applicants with disabilities.

Judge Walker-Russell

August 12, 2014

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... Read More

Food stamp recipient administratively disqualified and required to return overpayment.

Judge Teate

May 13, 2014

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... Read More

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

Judge Beaudrot

May 5, 2014

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. Read More

Knowledge of program requirement necessary for violation to be intentional.

Judge Miller

April 29, 2014

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... Read More

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

Judge Baxter

April 16, 2014

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... Read More

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

Judge Walker-Russell

March 25, 2014

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... Read More

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

Judge Beaudrot

March 21, 2014

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,... Read More

Must inform public assistance applicants of unavailability of application website.

Judge Walker

January 27, 2014

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... Read More

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

Judge Oakley

January 24, 2014

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... Read More