Division of County Operations

This directive, which supersedes FSC 87-1, updates the procedures that county office workers should follow in determining whether a legal opinion should be requested in the Food Stamp Program.

While it is unreasonable to expect county office workers to be able to make legal determinations regarding resources, it is also impractical to require a written legal opinion for each case that has a resource. Therefore, a written legal opinion will be required for a case where the following conditions exist:

1. An individual whose resources must be considered is the sole or joint owner of a resource; and
2. Ownership of the resource or accessibility to the resources is questionable; and
3. The equity value of the resource, when combined with other resources, exceeds the resource limit or equity value cannot be determined.

A legal opinion may also be requested anytime the worker is unsure whether the resource should be disregarded. A request should be made even if you have requested a similar opinion in the past.

If a legal opinion is needed, a memo from the County Administrator or ES Supervisor must be submitted to Roy D. Kindle, Jr., Assistant Director, Office of Program Planning and Development, Slot 1220.

The memo must include:

1. The programs (food stamps only or food stamps and TEA or Medicaid) for which a clearance is being requested;
2. A complete description of the circumstances; and
3. Copies of all documentation (deeds, titles, etc.).

The Office of Program Planning and Development (OPPD) will either provide a clearance or will submit the request to the Office of Chief Counsel for an opinion. The Office of Chief Counsel will provide a written opinion to OPPD within 30 days. In either case, a written interpretation will be provided to the requesting office.