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Court rules FSSA notices are unconstitutional

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The Indiana Supreme Court has held that the notices sent by the state Family and Social Services Administration to inform applicants they were denied Medicaid, food stamps, or family assistance benefits are unconstitutional under the 14th Amendment’s due process clause because they do not sufficiently explain the reasons for being denied.

In Sheila Perdue, et al. v. Michael A. Gargano, et al., No. 49S02-1107-PL-437, the justices partially reversed and affirmed the Marion Superior Court on a challenge to the state agency’s automated system of processing claims for benefits.

Plaintiffs brought a class action against the FSSA seeking declaratory and injunctive relief with respect to the administration of Medicaid, Temporary Assistance to Needy Families and Supplemental Nutrition Assistance Program benefits. Sheila Perdue also brought an individual disability discrimination claim.

The trial court granted summary judgment to FSSA on plaintiffs’ claim that their procedural due process rights were violated, but it granted summary judgment to Perdue individually and to the class of SNAP applicants/recipients whose benefits were denied or terminated for failure to cooperate. On cross-appeals, the Court of Appeals affirmed the trial court’s judgment as to Perdue and as to those whose SNAP benefits were denied or terminated for failure to cooperate, and it reversed the award of summary judgment to FSSA, holding the procedures at issue did not afford plaintiffs due process.

Accepting the case, the Indiana justices held that the FSSA’s denial notices are insufficiently explanatory but that the agency may deny an application when that person fails to cooperate in the eligibility determination process. On that issue, this case is remanded to the trial court to adjudicate the plaintiffs' related claims for relief.

The justices agreed with the trial court’s grant of Perdue’s summary judgment motion on the grounds that she is entitled to reasonable accommodation in applying for benefits. But that accommodation doesn’t require the FSSA to provide a caseworker or case management services.




 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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