97 A.D.2d 764 | N.Y. App. Div. | 1983
In proceedings pursuant to CPLR article 78 to review two determinations of the State Commissioner of the Department of Social Services which affirmed determinations of the local agency to adjust petitioner’s Medicaid authorization to reflect excess income, the petitioner appeals from two judgments of the Supreme Court, Suffolk County, entered February 17,1982 (Murphy, J.), and July 1,1982 (Burke, J.), respectively, which dismissed the proceedings. Judgments reversed, on the law, without costs or disbursements, petitions granted to the extent that the determinations are annulled, respondents are directed to disregard petitioner’s “aid and attendance” allowance in determining her eligibility for Medicaid, and to reimburse petitioner and her creditors for liabilities incurred as a result of respondents’ erroneous inclusion of the “aid and attendance” allowance in her income, and matter remitted to the Supreme Court, Suffolk County, for a hearing to determine reasonable attorney’s fees. In these proceedings, petitioner challenges respondents’ inclusion of her “aid and attendance” allowance in her income for the purposes of determining her eligibility for Medicaid. Petitioner receives Social Security disability benefits and a Veterans’ Administration Widow’s Pension. The Veterans’ Administration pension includes a supplemental allowance for “aid and attendance”. In the proceedings at Special Term, the State commissioner acknowledged that the “aid and attendance” allowance is excluded from income under Federal regulations, but contended that, since the State of New York terminated its agreement with the Social Security Administration to administer the State Medical Assistance Plan, it was no longer bound by Federal regulations. However, petitioner correctly notes that, on or about August 13, 1980, the State commissioner agreed that, with some exceptions (not applicable here), all conditions of eligibility of the Supplemental Security Income (SSI) program would be applied in determining the Medicaid eligibility of aged or disabled persons. Section E 00830.161 of the Program Operations Manual System published by