CHRISTOPHER v. DEPT. OF HEALTH

No. 103, Sept. Term, 2003.

849 A.2d 46 (2004)

381 Md. 188

Luella D. CHRISTOPHER v. MONTGOMERY COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES.

Court of Appeals of Maryland.

May 12, 2004.


Attorney(s) appearing for the Case

Donald E. English, Jr. (Morgan, Lewis & Bockius, L.L.P., Washington, DC; Gregory S. Lewis of Morgan, Lewis & Bockius, L.L.P., McLean, VA, on brief), for Appellant.

Steven D. Keller, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of MD, Baltimore, on brief), for Appellee.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.


BATTAGLIA, Judge.

This case requires us to consider whether a food stamp recipient must be receiving disability benefits in order to be entitled to an "uncapped" "excess shelter cost deduction" under the Maryland Food Stamp Program. Determining that "receives" means "actual receipt," we conclude that the decision of the Administrative Law Judge (hereinafter the "ALJ") that the appellant must actually be receiving disability...

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