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 Medicaid, the Department calculated Petitioner’s gross income by averaging pay stubs that included an unusually high number overtime hours; the result was the erroneous termination of assistance.  When using Petitioner’s customary monthly wages and applying appropriate deductions, she remains eligible for RSM Medicaid. Judge Miller affirmed the termination of food stamp benefits and reversed the disqualification of Medicaid.