McDowell v. South Carolina Department of Social Services

Gregory, Chief Justice:

This appeal is from an order denying appellant attorney’s fees under S.C Code § 15-77-300 (Supp. 1990). We affirm in part, reverse in part, and remand.

Appellant commenced an action for judicial review under the Administrative Procedures Act (APA), S.C. Code Ann. § 1-23-380 (1986), contesting the decision of respondent Department of Social Services (DSS) denying her food stamp benefits. DSS ruled that a 1984 Chrysler automobile, titled jointly in appellant’s and her son’s names, was appellant’s asset. This asset placed her over the resource limit for food stamp…