In re Gregory T.

No. 2969538H (N.Y. Office of Temporary & Disability Assistance Oct. 29, 1998). ; Clearinghouse Number: 52272

Description

Elderly and Disabled Food Stamp Households Are Entitled to Certification Periods of up to 24 Months

Abstract

The administrative law judge determined that the Food Stamp Act as amended by the federal welfare law (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) allowed certification periods of up to 24 months if all adult household members were elderly or disabled. Appellant is a disabled Supplemental Security Income recipient and one-person food stamp household. At two of his food stamp recertifications, recipient asked that he be certified for two years. The agency refused and recertified his food stamps for only 12 months at a time. Recipient appealed, claiming that section 801 of the federal welfare law amended the Food Stamp Act, 42 U.S.C. § 2012 (c), to allow two-year certifications. Appellant argued that, although the New York State Department of Family Assistance had not conformed state regulations to reflect that the federal welfare law allowed eligibility of up to 24 months, federal regulation, 7 C.F.R. § 23.10 (f)(4) requires that "[h]ouseholds shall be assigned the longest certification periods possible based on the predictability of the household’s circumstances." The administrative law judge found that agency failed to show that it had evaluated appellant’s eligibility for the extension and ordered it to make a determination for eligibility and to send written notice of its decision.

Additional Information

Attorney Information
Appellant represented by Gene Doyle, People Organized for our Rights, 102-12 164th Ave., Hamilton Beach, NY 11414; 718.843.2290.
Docket Date
1998-10-29 00:00:00+00:00

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