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[Download] "Green v. New Mexico Human Services Department" by New Mexico Court of Appeals # Book PDF Kindle ePub Free

Green v. New Mexico Human Services Department

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eBook details

  • Title: Green v. New Mexico Human Services Department
  • Author : New Mexico Court of Appeals
  • Release Date : January 27, 1988
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

Iva Green (appellant), a recipient of Aid to Families with Dependent Children (AFDC) benefits, appeals from a fair hearing decision. That decision affirmed action by the Socorro County office declaring appellant ineligible for her basic monthly grant and accompanying benefits. The new Mexico Human Services Department (HSD) affirmed the hearing officers decision that the county correctly applied the "lump sum rule"; because appellant had received a nonrecurring lump sum payment, she was ineligible for a period of time calculated by dividing the nonrecurring payment, together with all income for that month, by the basic monthly grant. See Muckey v. New Mexico Dept of Human Servs., Income Support Div., 102 N.M. 265, 694 P.2d 521 (Ct. App.1985). Appellants sole argument on appeal is that HSD is equitably estopped from imposing a period of ineligibility. Cf. id. Appellant does not challenge on appeal the correctness of HSDs application of the lump sum rule. Consequently, that issue is not before us. We vacate the fair hearing decision and remand for further proceedings.


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