Davis v. Snider

No. 1:CV-90-1884 (M.D. Pa. Feb. 25, 1994) ; Clearinghouse Number: 46204

Description

Pennsylvania Agency Agrees to Implement Changes in Its AFDC Rules Regarding Stepparents' Income

Abstract

Defendant Pennsylvania Department of Public Welfare (DPW) has agreed to revise its Cash Assistance Handbook and change its AFDC rules for determining countable income from stepparents. Prior to entering the settlement in this case, DPW had instructed county assistance offices to apply the state "legally responsible relative" rule, rather than the federal AFDC stepparent rule, to compute countable income from a stepparent when the stepparent's spouse lives in the home and is included with the spouse's children in the AFDC assistance unit. Plaintiffs argued that this practice was in violation of the taking clause of the Fourteenth Amendment and 42 U.S.C. § 602(a)(31), 45 C.F.R. § 233.20(a)(3)(xiv). Pursuant to the settlement, DPW will instruct the county offices to compute stepparents' countable income, including lump-sum income, using the standard-of-need deduction required by the federal AFDC rules, even if the stepparent is also a legally responsible relative. Counsel notes that DPW has conducted a computer run that identified 7,942 AFDC applicants and recipients whose entitlement to benefits may have been improperly determined due to DPW's failure to use the proper rules for computing countable stepparent income. DPW has sent notices to the computer-identified class members advising them of their right to request a case review to determine whether they may be owed corrective AFDC payments. Posters will also hung in county offices describing the settlement and available relief.

Additional Information

Attorney Information
Plaintiffs represented by Peter Zurflieh, Rhodia Thomas (paralegal), Central Pennsylvania Legal Services, 213-A N. Front St., Harrisburg, PA 17101-2240, (717) 232-0581.
Docket Date
1994-02-25 00:00:00+00:00

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