In re: DCIS No. Redacted Redacted
Redacted, pro se, Appellant
Redacted, Appellant's Daughter-in-law
Donna Rogers, Senior Social Worker/Case Manager, Division of Social Services
Jolynn Esham, Senior Social Worker/Case Manager, Division of Social Services
Redacted ("Appellant") opposes a decision by the Division of Social Services ("DSS") to close her Medical Assistance case based upon being over the income eligibility limit for a single person.
The Division of Social Services ("DSS") contends that the Appellant is over the income limit for a household of one (1) person.
By notice dated December 11, 2004, DSS sent a Notice to Close Your Medical Assistance, effective after December 31, 2004 to the appellant. (Exhibit 3)
On December 22, 2004, the Appellant filed a request for a fair hearing and requested that benefits continue until a hearing decision was issued. (Exhibit 2). According to the Fair Hearing Summary benefits have continued. (Exhibit 1)
The Appellant was notified by certified letter dated January 12, 2005, that a fair hearing would be held on February 8, 2005. The hearing was conducted on that date in Georgetown, Delaware.
This is the decision resulting from that hearing.
In December 2004, DSS learned that Ms. Redacted was to begin receiving $787.00 per month in Social Security benefits as of January 1, 2005.
Pursuant to DSSM 16230, countable income is used to determine eligibility for benefits. DSSM 16230 defines countable income as earned or unearned income minus any disregards, if applicable. In this case, the Appellant did not receive an earned income deduction because all of her income is considered unearned under DSSM 16250. Pursuant to DSSM 16230.1.1, DSS is only permitted to utilize gross income, and not net income (after expenses), for purposes of eligibility.
Based upon the information provided, DSS correctly determined, and I find, that the Appellant's unearned monthly countable income is $787.00. Based on the testimony received for the hearing, I also find that the income limit for a household of one (1) person for adult poverty medical assistance benefits on the date that the notice was issued was $776.00 per month. As a result, the Appellant was properly sent a Notice to Close Your Medical Assistance. (Exhibit 3)
For these reasons, the decision of the Division of Social Services to close Appellant's Adult Poverty Medical Assistance case effective after December 31, 2004 is AFFIRMED.
Date: March 19, 2005
STEVEN A. GREENSPAN
THE FOREGOING IS THE FINAL DECISION OF THE DIVISION OF SOCIAL SERVICES
Donna Rogers, DSS Pool 930
Jolynn Esham, DSS Pool 930
EXHIBITS FILED IN OR FOR THE PROCEEDING