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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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