Graeser v. Glickman; Graeser (Lillian) v. (Dan) Glickman

No. 94-1042 (NHJ) (D.D.C. filed July 14, 1995) ; Clearinghouse Number: 50784

Description

Elderly and Disabled Food Stamp Recipients Challenge USDA’s Failure to Implement Simplified Medical Expense Calculation

Abstract

Plaintiffs have filed their complaint in this class action challenging the Department of Agriculture’s failure to implement 7 U.S.C. § 2014(e), which simplifies the medical expense calculation for elderly and disabled individuals for food stamp purposes. Plaintiffs allege that defendant requires them to satisfy burdensome and repetitive paperwork requirements at the local food stamp office each month in order to obtain the medical expense deduction. They assert that the great majority of elderly and disabled recipients are so overwhelmed by these requirements that they forgo the medical deduction entirely, thus losing the benefits that the simplified calculation is designed to assure. They also allege that defendant has refused to implement the statutory requirement that food stamps be based on expected medical expenses, rather than past medical bills, leaving many recipients to suffer unlawful delays in the adjustment of their food stamps. They claim that defendant’s practices violate the Food Stamp Act and the Administrative Procedure Act, 5 U.S.C. § 552. Plaintiffs seek declaratory and injunctive relief requiring defendant to issue regulations implementing the statute and to pay costs and attorney fees.

Additional Information

Attorney Information
Plaintiffs represented by Deborah Stein, Carrie Lewis, Food Research and Action Center, 1875 Connecticut Ave. NW, Suite 540, Washington, DC 20009, (202) 986-2200; Burton Fretz, Roger Gette, Jacqueline Doig, Martin Ozga.
Docket Date
1995-07-14 00:00:00+00:00