Opinion

Amy R. Rhoe v. West Virginia Department of Health and Human Resources, Bureau for Social Services

Court
Intermediate Court of Appeals of West Virginia
Filed
Feb 27, 2024
Status
Published
Nature of suit
Administrative Agency-Other
Cited by
0 cases
Authority
More cited than 15.4%

“findings of fact by the administrative officer are accorded deference unless the reviewing court believes the findings to be clearly wrong.”

How later courts described this case

  • “findings of fact by the administrative officer are accorded deference unless the reviewing court believes the findings to be clearly wrong.”

Written by the judges who cited it.

The opinion

IN THE INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA

FILED

AMY R. RHOE, February 27, 2024

Petitioner Below, Petitioner C. CASEY FORBES, CLERK

INTERMEDIATE COURT OF APPEALS

OF WEST VIRGINIA

v.) No. 23-ICA-100 (Bd. of Review No. 22-BOR-2512)

WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES,

BUREAU FOR SOCIAL SERVICES,

Respondent Below, Respondent

MEMORANDUM DECISION

Petitioner Amy R. Rhoe appeals the February 3, 2023, decision of the West Virginia

Department of Health and Human Resources’ Board of Review (“Board”). Respondent

West Virginia Department of Health and Human Resources, Bureau for Social Services

(“DHHR”) filed its response.1 Ms. Rhoe filed a reply. The issue on appeal is whether the

Board erred in upholding the DHHR’s October 19, 2022, termination of Ms. Rhoe’s

Supplemental Nutritional Assistance Program (“SNAP”) benefits.

This Court has jurisdiction over this appeal pursuant to West Virginia Code § 51-

11-4 (2022). After considering the parties’ arguments, the record on appeal, and the

applicable law, this Court finds no substantial question of law and no prejudicial error. For

these reasons, a memorandum decision affirming the Board’s order is appropriate under

Rule 21 of the Rules of Appellate Procedure.

Ms. Rhoe was a SNAP benefits recipient with a 24-month recertification period due

because she was considered elderly and/or disabled.2 As such, Ms. Rhoe was required to

complete and return an Interim Contact Report Form (“PRC-2”) during the twelfth month

of her 24-month recertification period in order to continue receiving benefits. On

September 12, 2022, the DHHR sent Ms. Rhoe a PRC-2 form to her listed post office box

1

Ms. Rhoe is self-represented. The DHHR is represented by Patrick Morrisey, Esq.,

and Randy K. Miller, Esq.

2

Below, a DHHR representative acknowledged that Ms. Rhoe was considered

elderly for the purposes of the recertification period. While Ms. Rhoe argues that she is

disabled, the record is unclear as to whether she is disabled for the purposes of the

recertification period, nor does it seem to be relevant to that issue since she qualifies for

the extended period due to her age.

1

in Maryland with instructions to complete the form and return it by October 2, 2022. On

October 5, 2022, the DHHR sent Ms. Rhoe a “10 Day Notice of Not Returning the Interim

Contact Report Form” instructing her to complete and return the form within 10 days or

else her SNAP benefits would be terminated. On October 19, 2022, the DHHR sent Ms.

Rhoe a notice of the closure of her SNAP benefits, which would terminate at the end of

October of 2022.

Ms. Rhoe attempted to submit her PRC-2 to her local DHHR office on November

8, 2022, but was unsuccessful due to the election holiday. Ms. Rhoe returned on November

9, 2022, and submitted the form. However, the DHHR did not process the form and told

Ms. Rhoe that, per policy guidance, she would have to reapply for her SNAP benefits. Ms.

Rhoe filed a request for a pre-hearing conference, which was unsuccessful. Thereafter, she

requested a fair hearing, which was scheduled for December 13, 2022. On December 9,

2022, Ms. Rhoe requested a continuance, which was granted, and the hearing was

rescheduled for January 31, 2023.

The fair hearing commenced on January 31, 2023. Peter VanKleeck, a family

support supervisor, appeared on behalf of the DHHR. Mr. VanKleeck explained the

circumstances leading to the termination of Ms. Rhoe’s SNAP benefits, including the

DHHR’s having mailed Ms. Rhoe the PRC-2 with instructions to complete it by October

2, 2022, and the 10-day notice with instructions to complete the form and return it within

10 days. Mr. VanKleeck acknowledged that Ms. Rhoe had filed the form on November 9,

2022, but stated that the DHHR was unable to process the form per regulations from the

Food and Nutrition Services of the U.S. Department of Agriculture and West Virginia

Income Maintenance Manual (“IMM”) Chapters 1.4.1D and 10.4.2D. Mr. VanKleeck

explained that the DHHR’s position was that Ms. Rhoe would have to reapply for benefits

and that it could not accommodate her request for an exception to her late-filed form.

Ms. Rhoe claimed that the reason she did not file her form on time was because she

had been unable to check her mailbox due to things such as age, illnesses, and disabilities.

Ms. Rhoe provided a narrative of her medical history, claimed to have problems with her

West Virginia post office box,3 and questioned the legality of the policies in place. Ms.

Rhoe argued that reasonable accommodations should be made for “people who are not in

the mainstream” and that the DHHR should have some flexibility in allowing Ms. Rhoe to

complete her PRC-2 and restart her benefits.

By decision dated February 3, 2023, the Board upheld the DHHR’s decision to

terminate Ms. Rhoe’s SNAP benefits. The Board found that Ms. Rhoe had “ample” notice

that her SNAP benefits would be suspended if she did not file a completed PRC-2 before

October 31, 2022, but that she failed to return the form until November 9, 2022. The Board

3

However, Ms. Rhoe acknowledged that she was receiving mail at her Maryland

post office box during the relevant period.

2

found that although Ms. Rhoe had health issues that complicated her activities, no evidence

had been presented that she was unable to retrieve her mail between September 12, 2022,

and October 19, 2022. The Board noted that state and federal regulations mandate that

SNAP recipients certified for twenty-four months complete a PRC-2 by the twelfth month

and that failure to return the form prior to the end of the twelfth month results in case

closure. The Board found that, once a case is closed, a PRC-2 cannot be processed, and a

new application must be completed in order to receive SNAP benefits. The Board

concluded that it lacked the authority to change this policy or meet Ms. Rhoe’s request for

an “accommodation” to the policy. Accordingly, the Board found that the DHHR properly

closed Ms. Rhoe’s SNAP benefits case based on her failure to timely submit her PRC-2.

Ms. Rhoe now appeals.

This appeal is governed by the following standard of review:

The court may affirm the order or decision of the agency or remand the case

for further proceedings. It shall reverse, vacate, or modify the order or

decision of the agency if the substantial rights of the petitioner or petitioners

have been prejudiced because the administrative findings, inferences,

conclusions, decision, or order are:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority or jurisdiction of the agency;

(3) Made upon unlawful procedures;

(4) Affected by other error of law;

(5) Clearly wrong in view of the reliable, probative, and substantial evidence

on the whole record; or

(6) Arbitrary or capricious or characterized by abuse of discretion or clearly

unwarranted exercise of discretion.

W. Va. Code § 29A-5-4(g) (2021); accord W. Va. Code § 16-1-22a(c) (2023) (designating

West Virginia Code § 29A-5-4 as governing standard of review for Board of Review

appeals); W. Va. Code § 9-2-13 (2018) (a person has right to appeal Board of Review

decision to court designated under West Virginia Code § 9-2-13(j)).4

4

This Court notes that West Virginia Code § 9-2-13 has been repealed effective

May 23, 2023, but was in effect at the time of the underlying events and proceedings below

and is thus the applicable statute in this case.

3

The crux of Ms. Rhoe’s argument is that she believes the Board erred in upholding

the closure of her SNAP benefits.5 Ms. Rhoe argues that she should have been given an

exception to the filing deadline due to a myriad of reasons (unreliable mail, illness, and

disability) and claims that she could not have been late to filing PRC-2 when she was not

even aware that it was due. Ms. Rhoe also argues that rigorously enforcing a policy, such

as the deadline at issue here, without exception is illegal, unconstitutional, and

discriminatory. Ms. Rhoe argues the DHHR’s position that she reapply for SNAP benefits,

rather than accepting her late filing, is arbitrary and that, had she been provided an

accommodation or had some discretion been applied to the situation, this matter would

have been easily resolved. Ms. Rhoe argues that if forced to file a new application, there is

no guarantee that she will receive SNAP benefits again. Ms. Rhoe claims that reinstatement

of her benefits is permitted by the IMM and that the DHHR has singled out elderly and

disabled recipients, such as Ms. Rhoe, by requiring that they file a new application. Ms.

Rhoe believes she is entitled to some flexibility in filing her PRC-2, especially given the

COVID-19 pandemic.

Upon review, we find no error in the Board’s decision. Per the Code of Federal

Regulations, elderly or disabled SNAP beneficiaries may be certified for the benefits for

periods lasting between thirteen and twenty-four months. Here, Ms. Rhoe was certified for

twenty-four months. These regulations provide that such beneficiaries must file a periodic

report (here, the PRC-2) once a year. 7 C.F.R. § 273.12(a)(5)(iii)(B). If a beneficiary fails

to file a completed periodic report by the specified filing date, the State agency shall

provide the beneficiary with a reminder advising the beneficiary that he or she has 10 days

to file a completed periodic report. 7 C.F.R. § 273.12(a)(5)(iii)(E). Critically, if a

beneficiary “does not respond to the reminder notice, the [beneficiary’s] participation shall

be terminated.” Id. (Emphasis added). Pursuant to IMM Chapter 10.4.2.D, if the PRC-2 is

returned late, the beneficiary “must reapply for SNAP.”

Here, the Board found that Ms. Rhoe had sufficient notice that her SNAP benefits

would be terminated unless her PRC-2 form was completed and returned. Although Ms.

Rhoe claimed that she had been unable to retrieve her mail, the Board found that she

presented no evidence in support of this assertion. In fact, Ms. Rhoe admitted during the

proceedings below that she designated her Maryland post office box is the address at which

she received her mail, and there is nothing in the record to suggest that Ms. Rhoe notified

the DHHR that she was not receiving mail at her listed post office box. Ultimately, the

5

Ms. Rhoe references issues such as separation of powers, discrimination, and lack

of adequate assistance in preparing for her fair hearing. However, her statements regarding

these alleged errors are unsupported, both in fact and law, and, quite simply, are predicated

upon a complete misunderstanding of the underlying proceedings. Ultimately, for the

reasons set forth more fully above, we find that the Board did not err in upholding the

termination of Ms. Rhoe’s SNAP benefits and, like the Board, focus our analysis on this

issue.

4

Board concluded that per 7 C.F.R. § 273.12(a)(5)(iii)(E) and the IMM, a state agency shall

terminate a beneficiary’s participation in the benefits program if he or she does not respond

to the reminder notice and once benefits have been closed due to a beneficiary’s failure to

timely file the PRC-2, a new application for SNAP benefits must be filed.

Upon review, we conclude that Ms. Rhoe has failed to demonstrate that the Board

erred in finding that the DHHR properly closed Ms. Rhoe’s SNAP benefits. Both federal

and state regulations dictate that upon Ms. Rhoe’s failure to timely file her PRC-2, her

benefits would terminate. Ms. Rhoe has failed to adequately establish that she was entitled

to an accommodation to this requirement. We find no clear error in the Board’s order and

give deference to its findings. See Syl. Pt. 1, in part, Muscatell v. Cline, 196 W. Va. 588,

590, 474 S.E.2d 518, 520 (1996) (“findings of fact by the administrative officer are

accorded deference unless the reviewing court believes the findings to be clearly wrong.”).

Given the foregoing, we conclude that the Board’s decision to uphold the DHHR’s closure

of Ms. Rhoe’s SNAP benefits is supported by the evidence. Finding no error, we affirm the

Board’s February 3, 2023, order.

Affirmed.

ISSUED: February 27, 2024

CONCURRED IN BY:

Chief Judge Thomas E. Scarr

Judge Charles O. Lorensen

Judge Daniel W. Greear

5

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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