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Food stamp applicant presented sufficient evidence of recurring expenses for prescription drugs.

Topic: Public Assistance, Decided by Judge Malihi 
Docket Number: ******* , Decision Date: 2017-08-29 
Attachment: Click here to download the decision. 

Two printouts from medical insurance provider evidencing that a food stamp applicant made two payments for prescription medication in separate months and that each refill was for a 30 days’ supply, together with a note from the beneficiary’s doctor, sufficiently demonstrated that the applicant’s medical expenses were recurring.

Operator of inert landfill did not have vested right to permit.

Topic: Environmental Law, Decided by Judge Malihi 
Docket Number: 1729095 , Decision Date: 2017-09-25 
Attachment: Click here to download the decision. 

Under amendments to the regulations of the Georgia Department of Natural Resources, Environmental Protections Division (“EPD”), owners and operators of inert landfills were required to either obtain a solid waste handling permit or a certification from a professional engineer stating that their facilities were in full compliance with “Permit by Rule” requirements as they existed on January 1, 2012.  After the Director ordered one such operator to cease operations at his inert landfill because he failed to abide by the amendments, the operator argued that he had a “vested right” in the Permit by Rule, and that the Director’s action deprived him of his constitutional rights.   The Court held that the operator did not have a vested right because (1) he failed to abide by the conditions of the Permit by Rule, as determined by prior EPD inspections, and (2) he could not allege a vested right in procedural requirements.

John Hennelly Joins OSAH as Newest ALJ

Pulpit rock Topic: Court News

Judge John E. Hennelly and Chief Judge Michael Malihi I am pleased to welcome experienced litigator John E. Hennelly as our newest Administrative Law Judge. Prior to joining OSAH, Judge Hennelly served as a Senior Assistant Attorney General, and Section Chief of the Environmental Section [..] Read More..

Petitioner did not receive earned income such as would disqualify him from Senior SNAP.

Topic: Public Assistance, Decided by Judge Malihi 
Docket Number: ******* , Decision Date: 2017-01-30 
Attachment: Click here to download the decision. 

Vague, second-hand testimony to the effect that a recipient of food stamp benefits under “Senior SNAP” was working as a “self-employed electrician” insufficient to disqualify him from the program.

Hospice services sufficient evidence that child met institutional level of care criteria

Topic: Medicaid Eligibility, Decided by Judge Woodard 
Docket Number: ******* , Decision Date: 2017-02-08 
Attachment: Click here to download the decision. 

Evidence that a child born with a terminal condition received hospice services from a skilled professional at home during the one month he was alive was sufficient to show that he received skilled nursing services of the requisite amount and duration for him to qualify [..] Read More..

Durable power of attorney for healthcare is not equivalent to advance directive

Topic: Health Law, Decided by Judge Brown 
Docket Number: 1707847 , Decision Date: 2016-12-13 
Attachment: Click here to download the decision. 

Staff members of a personal care home (PCH) did not perform CPR on a resident upon discovering him unconscious.  The owner of the PCH argued that its staff members were not obligated to perform CPR because the resident had a durable power of attorney for [..] Read More..

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