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Transfer of assets to POA and then partial return

December 18, 2009

Appellant transferred approximately $55,000 to her POA during 3 month period March -May 2008. POA returned approximately $30,000 on June 12, 2008. Appellant and DSS disagree about the initial date of the beginning of the penalty period.  Appellant claimed penalty period should begin May 1, 2008. DSS treated the June 12 return of the $30,000.00 as though the funds had remained available form March 2008-June 2008. Hearing Officer upheld DSS determination of the initial date of penalty.

Fair Hearing Decision 12-18-09 (PDF)