Opinion
No. 12–P–470.
2013-03-25
Craig CROMWELL v. DEPARTMENT OF TRANSITIONAL ASSISTANCE.
By the Court (GRASSO, BROWN & GREEN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The plaintiff, Craig Cromwell, appeals from a Superior Court judgment affirming the determination of an administrative judge that Cromwell received certain public benefits in excess of those to which he was entitled. We affirm for substantially the reasons given by the motion judge.
Cromwell does not assert error by the department in the application of the relevant statutes and regulations to the facts found by the administrative judge. Rather, he argues that the administrative judge made an incorrect factual finding that he received Emergency Aid to Elderly, Disabled and Children (EAEDC) and Supplemental Nutrition Assistance Program (SNAP) benefits in excess of those to which he was entitled by virtue of his receipt of unreported Veteran's Administration benefits during the same period.
As fact finder, the administrative judge was free to discredit the testimony of Cromwell and his fiancée that Cromwell's EBT card was stolen and accessed by others and his veteran's benefits did not begin in March of 2005. See Andrews v. Civil Serv. Commn., 446 Mass. 611, 617 (2006). The administrative judge's factual findings can only be set aside if unsupported in the administrative record. In this case, the administrative record contained adequate evidence to support the determinative factual findings. The department produced documentation that Cromwell received and accessed EAEDC and SNAP benefits during the pertinent time period through an EBT card issued to him with a passcode selected by him. The department also demonstrated that Cromwell received veteran's benefits during the pertinent period and his EAEDC and SNAP benefits did not account for his veterans' benefits. In short, Cromwell failed to meet his heavy burden of demonstrating that the department's administrative decision was “unsupported by substantial evidence.” G.L. c. 30A, § 14(7)( e ). See Massachusetts Assn. of Minority Law Enforcement Officers v. Abban, 434 Mass. 256, 263–264 (2001).
Judgment affirmed.