I need this case done in Firac method

STATEMENT OF THE CASE

Petitioner A.S. appeals the denial of SNAP. Respondent Essex County Division of Family Assistance and Benefits (CWA or agency) denied petitioner's application due to excess income. On December 28, 2022, the Division of Family Development

transmitted this matter to the Office of Administrative Law (OAL) as a contested case.

N.J.S.A. 52:14B-1 to -15; N.J.S.A. 52:14-1 to -13. A hearing was held on February 9,

2023. The record remained open for receipt of the parties' post hearing statements and closed on February 10, 2023.

SUMMARY OF EVIDENCE

Respondent presented Joanna Luks, Fair Hearing Liaison, who testified that on August 2, 2022, petitioner applied for SNAP. CWA denied petitioner's application due to excess income. (R-1.) Petitioner's household consists of petitioner and three children. Although petitioner inadvertently omitted one of the children who received SSI, CWA nevertheless determined that petitioner's net income from unemployment, employment earned by petitioner's daughter, SSI for one of her children and child support exceeded the amount allowed for SNAP benefits. Luks noted that the calculation also included permissible credits, e.g., utility costs. Additionally, when CWA included the SSI income from the child who was initially omitted in petitioner's application the result remained unchanged; petitioner's net income exceeded the amount permitted for SNAP eligibility. (R-1.)

Petitioner acknowledged income from unemployment and earnings from her daughter as shown in R-1. However, after petitioner's SNAP application was processed, her unemployment benefits were terminated in December 2022. Further, petitioner's daughter is no longer employed but attends school. Petitioner's other two children (twins age 18) are disabled and each receives SSI benefits. Petitioner further testified that the current household income receives only SSI benefits.

ISSUE

The issue is whether respondent properly denied petitioner's application for SNAP?

FINDINGS OF FACT

Based on the undisputed evidence, I FIND that petitioner's household consists of four people. I FIND that CWA reviewed petitioner's unemployment income, income earned by petitioner's daughter, and child support. I further FIND that two of petitioner's children have been approved to receive SSI benefits. Thus, I FIND petitioner's eligibility for SNAP shall be based on the net income of a household of four people.

DISCUSSION

NJ SNAP was developed by Congress in 1964 to promote the general welfare and to safeguard the health and well-being of the population by raising the levels of nutrition among low-income households. In New Jersey, the CWAs are responsible for certifying eligible households and arranging for benefit issuance. N.J.A.C. 10:87.1-2(a). Although the State is ultimately responsible for ensuring that program operations conform with Federal laws and USDA regulations, "CWAs have access to the management information system that performs routine clerical tasks, determines eligibility status, calculates the NJ SNAP allotment, generates NJ SNAP benefits, and management and fiscal reports." N.J.A.C. 10:87.1-21(c). See Meyer v. New Jersey Department of Human Services, Division of Family Development, 269 N.J. Super. 310, 313 (App. Div. 1993).

Here, the agency denied petitioner's application for SNAP benefits, because the countable household income exceeded the maximum permissible level for receipt of SNAP. Indeed, to determine eligibility the agency shall include all income from whatever source unless such income is specifically excluded. N.J.A.C. 10:87-5.3.

Consequently, the applicant's income and resources must be below a certain threshold. Notably, N.J.A.C. 10:87-6.16(d)(1), provides that households that contain an elderly or permanently disabled individual, must meet the net income test for SNAP eligibility. Here, two members of the household are disabled and receive SSI. Therefore, CWA must apply the net income test established forth in N.J.A.C. 10:87-6.16, the method to calculate net and gross income and benefit levels.

CONCLUSION

Based on the overall evidence, I CONCLUDE that CWA properly determined petitioner's household's net income is over that threshold to be eligible for SNAP benefits as set forth in N.J.A.C. 10:87-6.16. While the record reflects that petitioner's situation has changed after the review, CWA encouraged petitioner to reapply for SNAP benefits. I agree.

ORDER

It is ORDERED that the determination of Essex County Division Family Assistance and Benefits is AFFIRMED.

I hereby FILE my initial decision with the DIRECTOR OF THE DIVISION OF FAMILY DEVELOPMENT for consideration.

This recommended decision may be adopted, modified, or rejected by the DIRECTOR OF THE DIVISION OF FAMILY DEVELOPMENT, the designee of the Commissioner of the Department of Human Services, who by law is authorized to make a final decision in this matter. If the Director of the Division of Family Development does not adopt, modify, or reject this decision within fortyfive days, this recommended decision shall become a final decision in accordance with N.J.S.A. 52:14B10.

Within seven days from the date on which this recommended decision was mailed to the parties, any party may file written exceptions with the DIRECTOR OF THE DIVISION OF FAMILY DEVELOPMENT, Six Quakerbridge Plaza, Room 304, PO

Box 716, Trenton, New Jersey 08625-0716, marked "Attention: Exceptions." A copy of any exceptions must be sent to the judge and to the other parties.

Firac method:

Facts

Issue

Rule

Analysis

Conclusion