COURT OF APPEALS DECISION DATED AND FILED March 30, 2010 David
R. Schanker Clerk of Court of Appeals |
|
NOTICE |
|
|
This opinion is subject to further editing. If published, the official version will appear in the bound volume of the Official Reports. A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. See Wis. Stat. § 808.10 and Rule 809.62. |
|
APPEAL
from an order of the circuit court for
Before Curley, P.J., Fine and Kessler, JJ.
¶1 PER CURIAM. Rafael A. Rodriguez
appeals from an order affirming a decision by the Division of Hearings and
Appeals (“Division”) dismissing Rodriguez’s petition challenging
¶2 Rodriguez was a
¶3 We review the Division’s decision as opposed to the decision
of the trial court. See Kozich v. Employe Trust
Funds Bd., 203
¶4 Rodriguez applied for caretaker benefits. He resides with his wife and their baby daughter. To receive caretaker benefits where both parents reside in the home, both parents must receive supplemental security income, the child must meet certain criteria not at issue here, and the child must not receive supplemental security income in his or her own right. See Wis. Stat. § 49.775(2).[2] Rodriguez admitted that his wife does not receive supplemental security income. Section 49.775(2)(b) expressly requires both custodial parents living in the home with their child to receive supplemental security income as a prerequisite to receiving caretaker benefits. Mrs. Rodriguez does not meet that prerequisite. Therefore, Rodriguez is not eligible for caretaker benefits pursuant to § 49.775(2)(b).
¶5 Rodriguez contends that his wife’s eligibility for Medical Assistance renders him eligible for caretaker benefits. The plain language of Wis. Stat. § 49.775(2)(b) expressly provides that “each custodial parent receives supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77, or both.” Medical Assistance is not supplemental security income or state supplemental payments. According to the plain language of § 49.775(2), Rodriguez is not entitled to caretaker benefits.
By the Court.—Order affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)5.
[1] All references to the Wisconsin Statutes are to the 2007-08 version.
[2]
(2) Supplemental payments. Subject to sub. (3), the department shall make a monthly payment in the amount specified in sub. (4) to a custodial parent for the support of each dependent child of the custodial parent if all of the following conditions are met:
(a) The custodial parent is a recipient of supplemental security income under 42 USC 1381 to 1383c or of state supplemental payments under s. 49.77, or both.
(b) If the dependent child has 2 custodial parents, each custodial parent receives supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77, or both.