Insufficient evidence of fraud where spouse only used home as a mailing address.

Topic: Inspector General, Decided by Judge Walker 
Docket Number: ***** , Decision Date: 2013-09-11 
Attachment: Click here to download the decision. 

The Office of the Inspector General (OIS) was not permitted to recoup Respondent’s food stamp benefits and administratively disqualify her from participation in the Food Stamp Program, because it failed to prove by a clear and convincing standard that she had defrauded the Food Stamp Program.   OIS sought to show that Respondent did not report her husband’s presence in her home, which would have placed the household above the income limit to receive benefits.  While Petitioner’s husband does use her home as a permanent mailing address, the evidence suggested that it is because he is an itinerant metalworker and that he has not actually lived at the location since prior to her application for food stamps.

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