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IN THE COURT OF APPEALS OF TENNESSEE WESTERN SECTION AT NASHVILLE _______________________________________________
CYNTHIA D. GENTRY,
Plaintiff-Appellant,

FILED

October 4, 1995
Cecil Crowson, Jr.

Appellate Court Clerk
Vs. Davidson Chancery # 94-2563
C.A. No. 01A01-9504-CH-00155


LINDA RUDOLPH, Commissioner of the Tennessee Department of Human Services,
Defendant-Appellee.
FROM THE CHANCERY COURT FOR DAVIDSON COUNTY

THE HONORABLE C. ALLEN HIGH, CHANCELLOR

Rural Legal Services of Tennesse, Inc.
William Bush of Cookeville, For Appellant

Charles W. Burson, Attorney General and Reporter
Lisa A. Yacuzzo, Assistant Attorney General
For Appellee

AFFIRMED AND REMANDED
Opinion fil ed:  


W. FRANK CRAWFORD, JUDGE
CONCUR:

HEWITT P. TOMLIN, JR., PRESIDING JUDGE, W.S.
ALAN E. HIGHERS, JUDGE

Plaintiff, Cynthia D. Gentry, appeals from the order of the chancery court that affirmed the final administrative order of the Department of Human Services (DHS).  The controversy in this case arose from the receipt by Mrs. Gentry's husband of a lump sum social security disability payment in July, 1991.  At the time of the payment, Mrs. Gentry was the recipient of Aid for Dependent Children (AFDC) benefits.  DHS determined that the lump sum payment constituted income sufficient to render Mrs. Gentry ineligibl e for AFDC benefits for a period of four months.  Mrs. Gentry was notified by DHS that her benefits would be terminated for four months because of the receipt of the lump sum social security payment.  DHS also sent Mrs. Gentry a termination notice which stated:
If you think we made a mistake on your application or your benefits, you can have a chance to tell us why at a fair hearing.  This is your right to appeal.  At the fair hearing, a different person will hear why you think we are wrong.  You also can meet with a supervisor to discuss the action(s) taken on your application or benefits. . . . To get a fair hearing, contact the Human Services Office within ninety days of the date of this notice . . . You can file an appeal directly to the state office of the Department of Human Services.  The county office will help you to do this.  For free legal help contact your local legal aid office at [legal aid name and address].
After receiving the notice of termination, Mrs. Gentry received AFDC checks for August and September, 1991, but returned the checks to DHS uncashed.  In July, 1993, DHS informed Mrs. Gentry that it had made over

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