O'DEA v. COMMISSIONER OF PUBLIC WELFARE


14 Mass. App. Ct. 146 (1982)

437 N.E.2d 540

DAISY O'DEA vs. COMMISSIONER OF PUBLIC WELFARE.

Appeals Court of Massachusetts, Middlesex.

July 15, 1982.


Attorney(s) appearing for the Case

Ellen L. Janos, Assistant Attorney General, for the defendant.

Peter Berry for the plaintiff.

Present: PERRETTA, DREBEN, & KASS, JJ.


DREBEN, J.

This appeal by the Department of Public Welfare (department) raises the following question: When a self-employed household member gradually depletes the inventory of his unprofitable business and makes cash withdrawals, how are such withdrawals treated for determining the household's eligibility to obtain food stamps?

The department considered the withdrawals as income and determined that the plaintiff's income exceeded the maximum allowable income...

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