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WHEATON v. DEPT. OF HEALTH & HUMAN SERVICES

943 A.2d 568 (2008)

2008 ME 48

Tammie WHEATON v. DEPARTMENT OF HEALTH AND HUMAN SERVICES.

Supreme Judicial Court of Maine.

Decided: March 18, 2008.

Attorney(s) appearing for the Case

Amy Keck, Esq. (orally), Pine Tree Legal Assistance, Bangor, ME, for Tammie Wheaton.

G. Steven Rowe, Atty. Gen., Sally H. DeMartini, Asst. Atty. Gen. (orally), Office of Attorney General, Augusta, ME, for Department of Health and Human Services.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, and SILVER, JJ.

CLIFFORD, J.

[¶ 1] Tammie Wheaton appeals from a judgment entered in the Superior Court (Penobscot County, Mead, J.) affirming a decision of the Department of Health and Human Services concluding that Wheaton's receipt of $500 in unrestricted monthly income as a result of her divorce property settlement agreement precludes her from being eligible for the subsistence benefit of food stamps. Wheaton contends that the payment she receives represents a property...

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