 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Rouse v. Iowa Deparment of Human Services12/13/2000
Appeal from the Iowa District Court for Black Hawk County, Todd A. Geer, Judge.
The respondent appeals from the district court's ruling on judicial review reversing the determination the petitioner was ineligible to receive food stamps.
AFFIRMED.
The Iowa Department of Human Services ("DHS") appeals from the district court's ruling on judicial review reversing the determination Lorrie Rouse was ineligible to receive food stamps. DHS claims the district court incorrectly concluded the conservatorship established with funds from the settlement of the Rouse's daughter's tort claim should be excluded from the computation of the $2000 resource limit for food stamps. We affirm the decision of the district court.
I. Factual Background and Proceedings.
Rouse is a single mother with three minor children, including Whittnie. Whittnie was born on March 23, 1989. On August 18, 1995, Whittnie was struck by a car while riding her bicycle and she suffered a skull fracture and other injuries. The district court in Black Hawk County appointed Rouse as Whittnie's conservator and Rouse settled Whittnie's personal injury claim for $7500, plus medical expenses. From this amount, Rouse paid Whittnie's medical expenses of $1,315.18 and paid $1875 for attorney fees. The district court also authorized Rouse to spend $1000 to purchase various items for Whittnie, including a bed and a new bicycle. The district court ordered the remaining balance of $4625 to be placed in an interest bearing account for Whittnie's benefit until her eighteenth birthday. Rouse complied with the district court's order and deposited the remaining funds in a conservatorship account. Thereafter, Rouse withdrew a small amount of money to purchase school clothes for Whittnie but has made no other withdrawals from the account.
At the time of the establishment of the conservatorship, Rouse and her family received financial assistance through the Family Investment Program. As recipients of funds under this program, they also received food stamps. DHS conducted a review of Rouse's case in April of 1998 and concluded the conservatorship was a countable resource for purposes of determining the family's eligibility for food stamps. On August 10, 1998, DHS sent Rouse a "Notice of Decision" canceling her family's food stamp benefit because her countable resources exceeded the allowable limit of $2000.
Rouse filed an administrative appeal on August 17, 1998. After conducting an evidentiary hearing, an administrative law judge issued a decision on October 6, 1998, affirming the agency's action. Rouse requested the director of DHS to review the decision. The director affirmed the agency's action and adopted the ALJ's decision on December 7, 1998. Rouse filed a petition for judicial review on January 7, 1999. On September 2, 1999, the district court entered an order reversing the agency's decision and determined Rouse's family was eligible to receive food stamps. DHS appeals, asserting the district court incorrectly concluded the conservatorship funds were not accessible and therefore excluded from calculation of the family's resources for purposes of the Food Stamp Program.
II. Standard of Review.
Our review of a district court's ruling on judicial review of agency action is at law. Smith-Porter v. Iowa Dep't of Human Servs., 590 N.W.2d 541, 543 (Iowa 1999). Our review is limited to determining whether the district court correctly applied the law in exercising its judicial review function pursuant to Iowa Code section 17A.19(8). Ahrendsen ex rel. Ahrendsen v. Iowa Dep't of Human Servs., 613 N.W.2d 674, 676 (Iowa 2000). When we review a district court's judici
Page 1 2 3 4 Iowa Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|