A New Jersey appeals court rules that an administrative law judge's determination that a Medicaid applicant's son was not a credible witness in a Medicaid eligibility case is not supported by the evidence and vacates the ALJ's decision denying eligibility. S.M. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-2710-15T3, Oct. 27, 2017).
S.M. applied for Medicaid, but the state denied her application because she had a joint checking account with her son, M.M., with $70,000 in it. S.M. appealed, arguing that M.M. was the source of most of the money in the account.
After a hearing, the administrative law judge (ALJ) rejected S.M.'s attempt to rebut the presumption that the money in the account did not belong to her, ruling that M.M. was not a credible witness because he was confrontational and defensive. S.M. appealed to court.
The New Jersey Superior Court, Appellate Division, vacates the ALJ's decision and remands the case, finding that the ALJ's credibility determination was mistaken. According to the court, it usually accepts an ALJ's credibility determinations, but that in this case, the transcript of the hearing showed that M.M. was responsive. The court notes that it does not have "insight into M.M.'s demeanor, but without a greater explanation from the factfinder we are left with the strong impression that there has been a manifest denial of justice with regard to this particular credibility finding that calls for our intervention."
For the full text of this decision, go to: https://www.njcourts.gov/attorneys/assets/opinions/appellate/unpublished/a2710-15.pdf
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