United States District Court, D. Idaho
JENNIFER L. STAAR, Petitioner,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Respondent.
MEMORANDUM DECISION AND ORDER RE:
E. Bush, Chief U.S. Magistrate Judge
before this Court is Petitioner Jennifer L. Staar's
Complaint/Petition for Review (Docket No. 2) and related
Motion for Summary Judgment (Docket No. 21). Having carefully
considered the record and otherwise being fully advised, the
undersigned enters the following Memorandum Decision and
2001, Petitioner was awarded Supplemental Security Income
disability benefits under Title XVI of the Social Security
Act. At that time (and until July 2007), Petitioner lived in
Oracle, Arizona (the “Arizona Residence”), caring
for her elderly mother. While living there, the Arizona
Residence was excluded as a resource under the Social
Security Act because it represented Petitioner's primary
on July 13, 2007, Plaintiff moved to Idaho to live with her
brother, describing the circumstances surrounding the move in
the following exchange with Administrative Law Judge James W.
Sherry during (“ALJ”) during the April 22, 2010
ALJ: And at the time before you moved, your mother was living
with you and you were taking care of her?
A: She was in hospice in my home.
A: They were giving my mom approximately three months to
ALJ: And I understand that you needed help with your mother,
and that's what caused you to move to Idaho with your
A: Yes. And my mom is in an infant state. She needs feeding,
bathing, changing, you need to position her, she needs to be
lifted from the bed to her wheelchair. And my dad had been
assisting me with this. My dad is now 85 years old. But he
had developed a severe hernia, and he could not help - ALJ:
Couldn't do the heavy - A: Right.
A: And he needed surgery. And there was just no option - no
option. It - I could no longer take care of my mom by myself.
My dad was going to also need help. So all the family got
together and they decided that was the only option open.
(AR 393-94). Relevant here, Petitioner intended to sell the
Arizona Residence and use the proceeds from the sale to
purchase a new home in Idaho to be closer to her family.
Petitioner claims to have attempted to sell the Arizona
Residence (both on her own and via a realtor), but, to date,
has been unsuccessful - all ...