State of West Virginia DEPARTMENT OF HEALTH AND HUMAN RESOURCES Office of Inspector General Board of Review P.O. Box 468 Hamlin, WV 25523

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1 Joe Manchin III Governor State of West Virginia DEPARTMENT OF HEALTH AND HUMAN RESOURCES Office of Inspector General Board of Review P.O. Box 468 Hamlin, WV Martha Yeager Walker Secretary John Ruplenas 316 Oasis Lane Gerrardstown, WV December 11, 2008 Dear Mr. Ruplenas: Attached is a copy of the findings of fact and conclusions of law on your hearing held December 3, Your hearing request was based on the Department of Health and Human Resources decision to deny your August 2008 Food Stamp application. 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: To be eligible beyond the first 3-month limit, an Able Bodied Adult Without Dependents (ABAWD) must meet certain guidelines in order to regain eligibility by: (1) no longer meeting the definition of ABAWD; or (2) residing in an NILC (non-issuance limited county); or (3) having met the ABAWD work requirement as specified in item (3) for a 30-day period; or (4) becoming exempt; or (5) working 80 hours in a 30-day period. The information, which was submitted at your hearing, revealed that you received food stamps for three months previously and failed to meet any of the five (5) specific guidelines to regain eligibility. It is the decision of the State Hearing Officer to uphold the action of the Department to deny your August 2008 Food Stamp application. Sincerely, Cheryl Henson State Hearing Officer Member, State Board of Review cc: Erika H. Young, Chairman, Board of Review Hubbard, Berkeley DHHR

2 John Ruplenas, WEST VIRGINIA DEPARTMENT OF HEALTH & HUMAN RESOURCES BOARD OF REVIEW Claimant, v. Action Number: 08-BOR-2098 West Virginia Department of Health and Human Resources, Respondent. DECISION OF STATE HEARING OFFICER I. INTRODUCTION: This is a report of the State Hearing Officer resulting from a fair hearing concluded on December 3, 2008 for John Ruplenas. 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 December 3, 2008, on a timely appeal filed August 5, lll 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

3 III. PARTICIPANTS: John Ruplenas, Claimant Ann Hubbard, Department Representative It should be noted that both individuals participated in the hearing via teleconference from the Berkeley County DHHR Office. Presiding at the Hearing was Cheryl Henson, 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 Agency was correct in their actions to deny the Claimant s August 2008 Food Stamp application. V. APPLICABLE POLICY: West Virginia Income Maintenance Manual Policy 9.1 VI. LISTING OF DOCUMENTARY EVIDENCE ADMITTED: Department s Exhibits: D-1 Notification letter dated August 4, 2008 D-2 West Virginia Income Maintenance Manual Policy 9.1 VII. FINDINGS OF FACT: 1) Mr. Ruplenas applied for Food Stamps on August 1, 2008 in the Berkeley County DHHR Office. The Department determined at that time the Claimant was an Able Bodied Adult Without Dependents (ABAWD) and had received food stamps for three (3) months previously within his thirty-six (36) month tracking period of May 2006 through April They also determined that he was in penalty status with the Food Stamp Employment and Training (FSET) Unit. The Claimant does not dispute this information. 2) The Department reports that on August 7, 2008 they were notified by the FSET Unit that the Claimant had corrected his penalty status by registering; however, the Claimant still did not meet any of the requirements to regain eligibility for food stamps, and the application was denied

4 3) The Department sent the Claimant a denial notice dated August 4, 2008 which included the following pertinent information: ACTION: Your 7/31/08 application for Food Stamps has been DENIED. REASON: Each individual has failed for the reasons stated below. The county that you reside in does not have time limited Food Stamp eligibility. The following individuals are ineligible. If affected by the ABAWD 36 month tracking policy, the tracking period will be stated after their name. JOHN RUPLENAS FROM 05/2006 to 04/2009 Individual failed to comply with Food Stamp Employment and Training. Able Bodied Adult has received Food Stamps for the first 3 month period without meeting the work requirement or being exempt. 4) The Department Representative stated that although the Claimant corrected the FSET penalty, he failed to provide sufficient information to show he met the requirements to regain eligibility for food stamps. 5) The Department states that Berkeley County is no longer considered an Issuance Limited County. Beginning October 2008, they are now considered a Non-Issuance Limited County. One of the requirements for regaining eligibility after denial or termination of food stamps under the ABAWD policy is to reside in a Non-Issuance Limited County; therefore, were the Claimant to reapply now he would be considered as having regained eligibility for the program. 6) The Claimant stated that he understood the policy, but claims the Department was very disorganized throughout the application process. He stated that he received a notice from the FSET Unit verifying that he had cooperated with them and in his opinion the Department should have approved his benefits at that point. He reports that he has been trying since February 2008 to get assistance and the Department has failed to return his calls. He claims that he has done everything the Department has asked him to do. The Claimant stated during the hearing that he has done volunteer work for his father and others, but did not provide any such documentation to the Department for consideration during the application process

5 7) West Virginia Income Maintenance Manual FOOD STAMP ELIGIBILITY DETERMINATION GROUPS: NOTE: For all the following possible AG, an individual who meets the definition of an ABAWD in item j below can only receive AG benefits when he is otherwise eligible and: An individual who meets the definition of an ABAWD can only receive AG benefits when he is otherwise eligible and: Is meeting the work requirements; or Is residing in a Non-Issuance Limited County; or Regains eligibility after meeting the ABAWD work requirement, becoming exempt, or moving to a Non-Issuance Limited County; or Is in the first or second 3-month limit period while not meeting the work requirement or being exempt. 8) West Virginia Income Maintenance Manual FOOD STAMP ELIGIBILITY DETERMINATION GROUPS: Able-Bodied Adults Without Dependents (ABAWD) (1) Definition of ABAWD An ABAWD is any individual age 18 or over, but not yet age 50. An individual who turns 18 becomes an ABAWD in the month following his birthday. An individual is no longer an ABAWD in the month of his 50th birthday. (2) Exemptions Receiving Food Stamps while exempt does not count toward the 3-month limit. An Individual is exempt if he: - Lives with an individual under age 18. The individual under age 18 does not have to be in the AG. - Is responsible for the care of an incapacitated person, whether or not the person receiving the care resides with the client and whether or not the incapacitate person is a member of the Food Stamp AG; or - Is receiving UCI as the result of registering with BEP; This includes persons receiving benefits under the Trade Readjustment Act (TRA); or - Is medically certified as physically or mentally unfit for employment according to the provisions in Section 12.15; or -Is a pregnant woman, regardless of the expected date of delivery; or - Is a regular participant in a drug addiction or alcoholic treatment and rehabilitation program either on a resident or non-resident basis; or - 4 -

6 - Is a student enrolled at least half-time in any recognized school, training program or institution of higher education. A student must meet one of the exceptions to the restriction on student participation listed in Chapter 9; or - Resides in one of the following ILC s: Brooke, Doddridge, Hancock, Hardy, Marshall, Monroe, Pendleton, Putnam, Randolph, Taylor, Tyler; or - Is hired for work at least 30 hours per week; or - Is hired for work paying the equivalent of at least 30 hours times the minimum wage per week. (3) ABAWD Work Requirement An ABAWD must meet work requirements to be eligible. For ABAWD purposes only, work is defined as any activity performed for monetary compensation, for in-kind services, or unpaid work. All work hours must be verified, including in-kind services and unpaid work. The work requirement is met by either: Working at least 20 hours per week, averaged monthly; or Participating in a work program such as, but not limited to, WIA, FSET, or a refugee resettlement program, at least 20 hours per week, averaged monthly. This does not include job search or job search training as a part of a work program. (6) Regaining Eligibility An individual whose benefits are denied or terminated under this policy can become eligible again when: He no longer meet the definition of an ABAWD; or He resides in an NILC; or He has met the ABAWD work requirement as specified in item (3) for a 30- day period. This does not have to be the 30 days immediately preceding the date of application; or He becomes exempt as specified in item 92) above; or He has worked 80 hours in a 30-day period. This does not have to be the 30 days immediately preceding the date of application; or he participates for a month in employment or training activities. VIII. CONCLUSIONS OF LAW: 1) Policy is clear in that once an individual who meets the definition of an Able Bodied Adult Without Dependent (ABAWD) has received food stamps for three months in their 36 month tracking period, he/she is no longer eligible and the food stamps are denied or - 5 -

7 2) Evidence clearly shows the Claimant met the definition of an ABAWD for food stamp purposes, and had received three months food stamps during the period of consideration. Evidence also shows the Claimant, although through his testimony has shown that he made several telephone calls to the Department, failed to provide the documentation necessary to determine whether he had regained eligibility by meeting one of five (5) specific requirements. 3) The Department followed policy in denying the Claimant s August 2008 application for food stamps. 4) Due to a change in policy effective October 2008, the Berkeley County DHHR Office is no longer considered an Issuance Limited County; therefore, the ABAWD policy would not affect the Claimant s eligibility should he choose to reapply for benefits. IX. DECISION: I rule to uphold the agency in their action to deny the August 2008 application for food stamps. X. RIGHT OF APPEAL: See Attachment XI. ATTACHMENTS: The Claimant s Recourse to Hearing Decision Form IG-BR-29 ENTERED this 11th Day of December, 2008 Cheryl Henson State Hearing Officer - 6 -