Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500 www.njlaws.com
Kenneth Vercammen was included in the “Super Lawyers” list published by Thomson Reuters

Thursday, June 21, 2012

BURLINGTON COUNTY BOARD OF SOCIAL SERVICES VS. G.W. A-5974-09T2


BURLINGTON COUNTY BOARD OF SOCIAL SERVICES VS. G.W.
 A-5974-09T2

The issue raised in this appeal is whether a county board
of social services may terminate a recipient's General
Assistance (GA) and Emergency Assistance (EA), which is provided
pursuant to the Work First New Jersey Program, N.J.S.A. 44:8-107
to -145.5, based on the recipient's eligibility for, rather than
actual receipt of, Social Security Disability benefits (SSD). 
The Board of Social Services determined that the anticipated SSD
benefits placed his monthly "countable income" above the maximum
limit to be eligible for GA and EA benefits.  Appellant did not
receive his first SSD check until after termination of his GA
and EA benefits.  We hold that, upon receiving notification that
a GA or EA recipient has been approved for SSD benefits,
pursuant to the "prospective budgeting methodology" prescribed
in N.J.A.C. 10:90-3.11, the Board of Social Services need not
wait until the recipient is in actual receipt of SSD benefits
before adding the amount of those benefits to the recipient's
countable income, and determining whether GA or EA benefits
should be terminated. 03-27-12