Judge rules that individuals who are physically capable of completing all daily life activities are ineligible for SOURCE benefits.

Petitioner, a 32 year old SOURCE recipient appeals the Agency’s termination of her SOURCE benefits.  Petitioner was diagnosed with mental retardation and therefore needed assistance with activities such as bathing and dressing, but was physically capable of completing all activities of daily living. The Agency terminated Petitioner’s benefits because Petitioner did not meet an intermediate nursing home level of care caused by age or a physical disability.  The Court GRANTED Respondent’s Motion for Summary Determination and affirmed the Agency’s determination because Petitioner needed assistance due to a mental, rather than a physical disability. ­­­­­­­­­­­­­