LOIS IVORY, APPELLANT,
v.
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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Lois Ivory appealed the Department of Children and Families' determination that she had no monthly medical expenses and was entitled to only $10.00 in monthly food stamps. The court reversed and remanded, finding that the department failed to comply with federal and state law by not providing Ivory assistance in obtaining required verification documentation for her medical deduction claim.
The department erred by reaching a decision on Ivory's medical deduction claim without first determining whether it had provided her with assistance in obtaining the necessary verification. Federal and state regulations require the department to offer and provide assistance when a household supplies incomplete verification.
[1] A state agency must offer and provide assistance to a household in obtaining necessary documentation to establish a medical deduction for food stamp benefits when the hou…
[2] A hearing officer must ensure that all relevant issues are considered in a hearing before the department.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In cases where verification is incomplete, the State agency must have provided the household with a statement of required verification and offered to assist the household in obtaining required verification and allowed the household sufficient time to provide the missing verification.”
Establishes the federal regulatory requirement that the department provide assistance when verification is incomplete.
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Join FLexlaw to unlock all legal intelligenceIvory applied for food stamp benefits but did not provide documentation of medical expenses during the entitlement period commencing September 1, 1998…
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PER CURIAM.
Appellant, Lois Ivory, appeals from a final order entered by appellee, the Department of Children and Families, affirming its determination that Ivory had no monthly medical expenses and was entitled to a monthly food stamp allotment of $10.00. Ivory contends that the department failed to comply with federal and state law when considering her claim for a medical deduction. We conclude instead that the department erred in reaching a decision without first determining whether Ivory was ^provided assistance in obtaining the verification required to establish a medical deduction, and reverse and remand for further proceedings.
In so deciding, we recognize that Ivory did not provide the department with documentation which would establish that she had incurred medical expenses during the entitlement period commencing September 1, 1998. It appears from the transcript of the hearing, however, that Ivory was confused and did not understand precisely what type of evidence she was required to produce. Under federal and state regulations, when a household supplies incomplete verification, the department is required to offer and provide assistance in obtaining the necessary documentation. 7 C.F.R. § 273.2(h)(1)(i)(C) (1999) (“In cases where verification is incomplete, the State agency must have provided the household with a statement of required verification and offered to assist the household in obtaining required verification and allowed the household sufficient time to provide the missing verification.”).1 See also Maldonado v. Department of Health & Rehab. Servs., 478 So. 2d 1136, 1137 (Fla. 1st DCA 1985) (“The agency may not deny food stamp benefits on the grounds of inade quate verification where the agency has not provided assistance[.]”).
Although Ivory did not raise this issue below, Florida Administrative Code Rule 65-2.057(12), dealing with conduct of hearings before the department, provides that hearing officers “shall insure that all relevant issues are considered.” Accordingly, we reverse and remand with directions for the hearing officer to consider this matter before reaching a decision.
REVERSED and REMANDED.
ERVIN, MINER and KAHN, JJ., CONCUR. . Such requirement is also found at 7 C.F.R. § 273.2(Q(5)(i) (1999); Fla. Admin. Code R. 65A-1.204(1); Fla. Admin. Code R. 65A-1.602(3)(a).