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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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