January 31, Enclosed is a copy of the decision resulting from the hearing held in the above-referenced matter. Sincerely,

Transcription

1 STATE OF WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES OFFICE OF INSPECTOR GENERAL Earl Ray Tomblin BOARD OF REVIEW Karen L. Bowling Governor 203 East Third Avenue Williamson, WV Cabinet Secretary January 31, 2014 Gary Gilbert HC 32, Box 539 War, WV RE: GILBERT v. WV DHHR ACTION NO.: 13-BOR-1947 Dear Mr. Gilbert: Enclosed is a copy of the decision resulting from the hearing held in the above-referenced matter. In arriving at a decision, the State Hearing 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. You will find attached an explanation of possible actions you may take if you disagree with the decision reached in this matter. Sincerely, Stephen M. Baisden State Hearing Officer Member, State Board of Review Encl: Defendant s Recourse to Hearing Decision Form IG-BR-29 cc: Erika Young, Chairman, Board of Review Christine Allen, Repayment Investigator

2 WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES BOARD OF REVIEW GARY GILBERT, Defendant, v. Action Number: 13-BOR-1947 WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, Movant. DECISION OF STATE HEARING OFFICER INTRODUCTION This is the decision of the State Hearing Officer resulting from an Administrative Disqualification Hearing for Gary Gilbert, requested by the Movant on September 6, This hearing was held in accordance with the provisions found in Chapter 700 of the West Virginia Department of Health and Human Resources Common Chapters Manual and Federal Regulations at 7 CFR Section The hearing was convened on October 29, The matter before the Hearing Officer arises from a request by the Department for a determination as to whether the Defendant has committed an intentional program violation and thus should be disqualified from the Supplemental Nutrition Assistance Program (SNAP) for 12 months. At the hearing, the Department appeared by Christine Allen, Repayment Investigator. The Defendant did not appear. The participant was sworn and the following documents were admitted into evidence. Movant s Exhibits: M-1 IG-IFM-BR-31 Hearing Summary M-2 ES-FS-5 SNAP Claim Determination sheet M-3 IQFS Screen Print from RAPIDS computer system showing SNAP issuance history M-4 EFAD Screen Print from RAPIDS showing SNAP allotment determination calculations for the months of January 2012 through June 2012, for Defendant s SNAP benefits M-5 Food Stamp [SNAP] Claim Calculation Sheets, showing corrected SNAP allotment determination calculations for the months of January 2012 through June 2012 M-6 AQCM Screen print from RAPIDS showing case member history 13-BOR-1947 Page 1

3 M-7 CMCC Screen print from RAPIDS showing Income Maintenance worker case comments made from January 4, 2012, to May 15, 2013, in Defendant s case M-8 Copy of Combined Application Form (CAF), dated and signed by Defendant on January 4, 2012 M-9 Copy of DFA-RR-1, Rights and Responsibilities form, dated January 4, 2012 M-10 Bureau of Employment Programs Wage Details, Defendant s quarterly earnings for the fourth quarter of 2011 and quarters one through three of 2012 M-11 Bureau of Employment Programs Wage Data, Defendant s quarterly earnings by employer, for the third quarter of 2008 through the second quarter of 2013 M-12 Copy of form IG-IFM-5b, verification of employment form, sent from Department to Defendant s employer on July 31, 2013, completed and returned to Department on August 5, 2013 M-13 Copy of appointment letter (IFM-1-7d) sent to Defendant on August 8, 2013, asking him to meet with Repayment Investigator on August 15, 2013, to discuss a possible SNAP program violation M-14 Copy of IFM-BR-44 Waiver of Administrative Disqualification Hearing form and IFM-BR-44a Notice of Intent to Disqualify form, dated August 8, 2013 M-15 Copy of Income Maintenance Manual Chapter 1.2.E showing client responsibility for providing accurate information M-16 Copy of Income Maintenance Manual Chapter 10.3.DD showing earned income is counted in SNAP eligibility calculations M-17 Copy of Income Maintenance Manual Chapter 20.1 and 20.2 showing SNAP overpayment claims and repayment procedures M-18 Copy of the Code of Federal Regulations (CFR) showing disqualifications for Intentional Program Violations Defendant s Exhibits: None After a review of the record, including testimony, exhibits, and stipulations admitted into evidence at the hearing, and after assessing the credibility of all witnesses and weighing the evidence in consideration of the same, the Hearing Officer sets forth the following Findings of Fact. FINDINGS OF FACT 1) Department s representative contends that the Defendant committed an Intentional Program Violation and should be disqualified from SNAP for one year because he intentionally withheld information concerning his earned income during the period of January through June ) On January 4, 2012, Defendant applied for SNAP benefits for himself. According to the Combined Application Form he signed and dated on that day (Exhibit M-8), he reported that he received no earned or unearned income. Also on January 4, 2012, the case worker with 13-BOR-1947 Page 2

4 whom Defendant completed his SNAP application interview recorded in his SNAP case record that he had no earned or unearned income (Exhibit M-7). 3) On April 4, 2012, the Department received a Wage Detail report from the WV Bureau of Employment Programs (Exhibit M-10), indicating that the Defendant received earned income from the fourth quarter of 2011 to the second quarter of The Department also received a Wage Data report (Exhibit M-11) indicating that the Defendant worked at Blue Ridge Mining from the fourth quarter of 2011 through the third quarter of ) The Department s witness obtained employment records from Blue Ridge Mining of Iaeger, WV (Exhibit M-12), verifying that Defendant worked there from November 24, 2011, to July 26, She testified that his gross earnings were above the gross income limit for a oneperson assistance group; therefore he was not eligible for SNAP throughout the entirety of the overpayment period of January to June She added that in those months, he received SNAP benefits totaling $1164. APPLICABLE POLICY WV IMM Chapter 20.2.C.2 provides that once an IPV (Intentional Program Violation) is established, a disqualification penalty is imposed on the Assistance Group members who committed the IPV. The penalties are as follows: 1st Offense - 1 year disqualification; 2 nd Offense - 2 years disqualification; 3 rd Offense permanent disqualification. Pursuant to the Code of Federal Regulations 7 CFR Section , an Intentional Program Violation shall consist of having intentionally: 1. Made a false or misleading statement, or misrepresented, concealed or withheld facts; or 2. Committed any act that constitutes a violation of the Food Stamp Act, the Food Stamp Program Regulations, or any State statute for the purpose of using, presenting, transferring, acquiring, receiving, possessing or trafficking of coupons, authorization cards or reusable documents used as part of an automated benefit delivery system access device. DISCUSSION Evidence demonstrates that the Defendant did not report his earned income during a SNAP application on January 4, 2012, thus receiving SNAP benefits to which he was not entitled from January through June 2012, in the amount of $1164. CONCLUSIONS OF LAW 1) The Department has established that the Defendant committed an Intentional Program Violation as defined in the Code of Federal Regulations 7 CFR Section by concealing and withholding the fact that he received earned income, during a January 4, 2012 application for SNAP. 13-BOR-1947 Page 3

5 2) The Department must impose a disqualification penalty. The disqualification for a first offense is one year. DECISION It is the ruling of the Hearing Officer that the Defendant committed an Intentional Program Violation. He will be disqualified from participating in SNAP for one year, beginning in March ENTERED this 31 st Day of January Stephen M. Baisden State Hearing Officer 13-BOR-1947 Page 4