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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. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

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