August 21, Dear Ms. :

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1 State of West Virginia DEPARTMENT OF HEALTH AND HUMAN RESOURCES Office of Inspector General Board of Review 4190 W Washington St Charleston, WV ext 2227 Joe Manchin III Governor Martha Yeager Walker Secretary August 21, 2008 Dear Ms. : Attached is a copy of the findings of fact and conclusions of law on your hearing held June 17, Your hearing request was based on the Department of Health and Human Resources decision to establish an Unintentional Error Food Stamp claim against your household. In arriving at a decision, the State Hearings Officer is governed by the Public Welfare Laws of West Virginia and the rules and regulations established by the Department of Health and Human Resources. These same laws and regulations are used in all cases to assure that all persons are treated alike. Eligibility for the Food Stamp program is based on current policy and regulations. Some of these regulations state as follows: When an assistance group has been issued more Food Stamps than it was entitled to receive, corrective action is taken by establishing a claim. Collection action is initiated against the Assistance Group which received the overpayment. All claims, whether established as a result of an error on the part of the Agency or the household, are subject to recoupment. (West Virginia Income Maintenance Manual 20.2). All Food Stamp Assistance Group (AG s), in which all adults are at least age 60,which is considered elderly for the Food Stamp Program, and/or disabled with no earnings or only excluded earnings, are certified for 24 months... These AG s must report the following changes which include, but are not limited to: Changes in the AG s income, including a change in the unearned income of more than $ (WV Income Maintenance Manual 2.2b.) The information, which was submitted at your hearing, revealed that your household received an over issuance of Food Stamps during the months April 2007 thru December 2007 due to a client error. It is the decision of the State Hearing Officer to uphold the action of the Department to establish the Client Error Food Stamp claim of $ and to seek repayment of the claim from your household. Sincerely, Jennifer Butcher

2 State Hearing Officer Member, State Board of Review cc: Erika H. Young, Chairman, Board of Review Christina Saunders, Repayment Investigator - 1 -

3 WEST VIRGINIA DEPARTMENT OF HEALTH & HUMAN RESOURCES BOARD OF REVIEW, Claimant, v. WV DHHR Respondent. Action Number: 08-BOR-1323 DECISION OF STATE HEARING OFFICER I. INTRODUCTION: This is a report of the State Hearing Officer resulting from a fair hearing concluded on August 21, 2008 for. This hearing was held in accordance with the provisions found in the Common Chapters Manual, Chapter 700 of the West Virginia Department of Health and Human Resources. This fair hearing was convened on June 17, 2008 on a timely appeal, filed April 22, It should be noted here that repayment and recoupment have been postponed pending a hearing decision. II. PROGRAM PURPOSE: The Program entitled Food Stamps is set up cooperatively between the Federal and State governments and administered by the West Virginia Department of Health & Human Resources. The purpose of the Food Stamp Program is to provide an effective means of utilizing the nation's abundance of food "to safeguard the health and well-being of the nation's population and raise levels of nutrition among low-income households. This is accomplished through the issuance of EBT benefits to households who meet the eligibility criteria established by the Food and Nutrition Service of the U.S. Department of Agriculture. III. PARTICIPANTS:, Claimant, Niece of claimant, Daughter of claimant Christina Saunders, DHHR Repayment Investigator - 2 -

4 Presiding at the Hearing was Jennifer Butcher, State Hearing Officer and a member of the State Board of Review. IV. QUESTIONS TO BE DECIDED: The question(s) to be decided is whether the Department is correct in their actions to establish a Client Error Food Stamp claim and to collect the overpayment of Food Stamps from the claimant. V. APPLICABLE POLICY: West Virginia Income Maintenance Manual Policy 2.2 b. and 20.2 VI. LISTING OF DOCUMENTARY EVIDENCE ADMITTED: Department s Exhibits: D-1 Food Stamp Claim Determination and calculations D-2 WV Income Maintenance Manual Policy 2.2B. D-3 WV Income Maintenance Manual Policy 20.2 D-4 Rights and Responsibilities dated January 11, 2007 Claimant s Exhibits: C-1 Verification of Supplemental Security Income dated November 27, 2006 C-2 Verification of increase of Supplemental Security Income dated January 29, 2007 VII. FINDINGS OF FACT: 1) The claimant applied and was approved for Food Stamp benefits in January 2007 based on her Supplemental Security Income (herein after referred to as SSI). 2) The income being used was $ SSI income that was reported at the time of application on January 11, This income allowed the claimant to receive $ from January to September and $ from October through December ) The Department had no record of the increase in SSI income being reported and established a claim based on client error. 4) The Claims and Collection unit established a Food Stamp overpayment claim of $ for the months of April through December 2007 due to the increase of income in the amount of $

5 5) The Repayment Investigator issued a notice of this claim on or about March 18, This notice indicated that the error was a CLIENT ERROR claim in the amount of $ ) The claimant testified she came into the office at the end of January or beginning of February to report to the caseworker that she received an increase in her SSI income. She stated the caseworker told her she did not need to report the change till she had a review. 7) West Virginia Income Maintenance Manual Chapter 2.2b (Change Reporting AG s) All Food Stamp AG s, in which all adults are at least 60, which is considered elderly for the Food Stamp Program, and/or disabled with no earnings or only excluded earnings, are certified for 24 months. These AG s may include individuals under age 18 as long as all adults are elderly and/or disabled... These AG s must report the following changes which include, but are not limited to: Changes in the AG s income, including a change in unearned income of more than $ Change reporting AG s must report all required changes within 10 days of onset or knowledge of the change. 8) West Virginia Income Maintenance Manual 20.2 Collection action is initiated against the assistance group which received the over issuance. A claim is established when: An unintentional error made by the client or the agency results in the over issuance. 9) Collections may be made on only one claim at a time. Claims are collected in the following priority order: 1. Intentional Program Violation 2. Unintentional Program Violation, Client error 3. Unintentional Program Violation, Agency error VIII. CONCLUSIONS OF LAW: 1) Testimony by the claimant indicates the overpayment needs to be corrected from a Client to an agency error. The client stated she did report the increase of income timely but no action was taken. 2) According to the Rights and Responsibilities that each applicant reads or has read to them states in part if the claimant was issued benefits that he/she was not eligible when the reason for the incorrect benefits was because of an unintentional error made by the claimant of Department the over issuance is to be repaid. This is in compliance with the Federal Regulation 7CFR ) Policy 20.2 identifies an Agency Unintentional Error claim as a claim that is collectable against the assistance group who received the over issuance

6 IX. DECISION: The claimant s household was over issued Food Stamp benefits during the months of April 2007 through December 2007 in the amount of $ It is the Hearing Officer ruling to uphold the agency in its action to establish a claim and to collect the overpayment from the claimant. The type of claim however will change form a CLIENT error to an AGENCY error. Collections will resume effective October 2008 as a 10 percent reduction or $10.00 which ever is grater as long as the AG is actively receiving Food Stamps. Otherwise the claimant will notified to contact the Repayment unit to make other payment arrangements. X. RIGHT OF APPEAL: See Attachment XI. ATTACHMENTS: The Claimant s Recourse to Hearing Decision Form IG-BR-29 ENTERED this 21st Day of August Jennifer Butcher State Hearing Officer - 5 -