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Social-services recipients entitled to injunctive relief

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The Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana Court of Appeals ruled Friday.

The American Civil Liberties Union of Indiana sued the FSSA on behalf of people who have applied for or receive public benefits to enjoin the state agency from issuing adverse action notices regarding Medicaid, Temporary Assistance to Needy Families and Supplemental Nutrition Assistance Program. If an applicant was denied, he would receive a generic notice alleging failure to cooperate but the notice didn’t specify what verification document was missing. The trial court certified specific classes of people who could sue.

Marion Superior Court found FSSA procedures as a whole satisfied procedural due process requirements and FSSA was entitled to summary judgment on that issue. It also issued a declaratory judgment and injunction against FSSA because the agency had, in violation of federal law governing SNAP, utilized a “failure to cooperate” standard as opposed to a “refusal to cooperate” standard. The trial court also ruled that FSSA had violated class member Sheila Perdue’s rights under the Americans with Disabilities Act and the Rehabilitation Act when FSSA automatically scheduled her for a phone interview with a caseworker despite her known hearing impairment and denied her benefits for “failure to cooperate.”
 
In Sheila Perdue, et al. v. Anne W. Murphy, et al., No. 49A02-1003-PL-250, the appellate court reversed the lower court’s ruling that the adverse action procedures as a whole satisfied procedural due process rights. FSSA’s procedures place a great burden upon the disadvantaged person to show on appeal that each and every document was timely provided, wrote Judge L. Mark Bailey. He also noted the appellate court couldn’t find that making the FSSA specify the reason for its denial would place a great burden on the agency.

“We are persuaded by the Recipients’ argument that they may not effectively exercise a right to be heard on appeal absent sufficient information to adequately prepare for and pursue the appeal. Mindful that an individual receiving an FSSA adverse action notice likely has a physical, mental, or economic disadvantage (or combination thereof), it is unreasonable to expect that the recipient can act to protect his or her interests without specific information,” wrote the judge.

In addition to reversing summary judgment for FSSA on this issue, the judges also upheld the lower court’s grant of declaratory judgment and injunctive relief regarding SNAP and the finding that Perdue’s rights were violated. The agency didn’t demonstrate that the injunction was overbroad or a genuine issue of material fact existed precluding summary judgment. In addition, FSSA even conceded at oral argument that it wasn’t demonstrably harmed by the injunctive orders that amounted to orders to follow existing law, wrote the judge.

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  • GOP and that Man Mitch at it again
    This is a typical example of how Mitch in his "reform" minded mode to "fix" government is nothing but a ruse to deny benefits for those in need. You can't convince anyone that the vagueness of the "form" letter was not a GOP way of denying benefits based upon their "concieved" notion of complying with the law. They knew that a person would have no idea what was missing, and if they tried to find out, they would get put on hold for ever trying to find someone who would not have any answers.

    Again the GOP provides the worse government that special interests can buy. Time to get rid of the pary of NO and their mean spirited self center, selfish agenda.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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