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2016 February

What Does Due Process Mean for State Notices on Receiving Public Benefits?

By Sovereign Hager & Ty Jones

State agencies notify recipients of public benefits when those benefits are denied, terminated, or reduced. Such notification must be constitutionally adequate to satisfy the due process protections of the Fourteenth Amendment. The three main public-benefits programs—the Supplemental Nutrition Assistance Program, Medicaid, and Temporary Assistance for Needy Families—have specific notice rules. Advocates should make sure their state’s notices comply with the law and are clear and understandable. Advocates in New Mexico succeeded in improving their state’s notices.

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