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In re: DCIS No. Redacted Redacted
Redacted, pro se, Appellant
Redacted, Appellant's Mother
Gayle Green, Senior Social Worker/Case Manager, Division of Social Services
Redacted ("Appellant") opposes a decision by the Division of Social Services ("DSS") to close his Medical Assistance case based upon being over the income limit for a household of one (1).
The Division of Social Services ("DSS") contends that the Appellant is over the income limit for a household of one (1).
On December 11, 2004, DSS sent to Appellant a Notice to Close Your Medical Assistance. (Exhibit 3)
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 14, 2005, that a fair hearing would be held on February 4, 2005. The hearing was conducted on that date in Dover, Delaware.
This is the decision resulting from that hearing.
In December 2004, DSS learned that Redacted was to begin receiving $796.00 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 (disregard) because all of his 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. The notice is somewhat confusing because it reflects $796.00 as what DSS terms "Net Income We count" rather than calling it gross income; however, DSS properly utilized the Appellant's gross income in determining eligibility.
Based upon the information provided, DSS correctly determined that the Appellant's unearned monthly countable income is $796.00. The income limit for a household of one (1) 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 is AFFIRMED.
Date: March 15, 2005
MICHAEL L. STEINBERG
THE FOREGOING IS THE FINAL DECISION OF THE DIVISION OF SOCIAL SERVICES
Gayle Green, DSS Pool 710
EXHIBITS FILED IN OR FOR THE PROCEEDING