CopyCited 1013 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 24848, 1991 WL 129458
...Similarly, the plaintiffs allegations in Oliver included the complaint that the method used to calculate income under the Aid to Families with Dependent Children (AFDC) program, established by title IV-A of the Social Security Act, 42 U.S.C. § 601 et seq., constituted an equal protection violation. Under 45 C.F.R. § 206.10 (a)(l)(vii), Old Age, Survivors, and Disability Insurance (OASDI), benefits received by parents or siblings living in the same household as a qualifying AFDC recipient must be included in the amount used to determine AFDC eligibility....
CopyCited 17 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 8197
...Congress changed this policy when it enacted § 2640(a) of the Deficit Reduction Act of 1984 (“DRA”), Pub.L. No. 98-369, 98 Stat. 494, 1145 (codified at 42 U.S.C. § 602 (a)(38) (Supp. Ill 1985)). 1 Pursuant to 42 U.S.C. § 602 (a)(38), the Secretary of HHS (the “Secretary”) promulgated 45 C.F.R. § 206.10 (a)(l)(vii) (1986), 2 which requires that all parents and siblings living in the same household with an eligible AFDC recipient be included, along with their available income, in the AFDC grant group....
...llees.
624 F.Supp. 325 (N.D.Ga.1985). We affirm. FACTS Appellants brought this class action for injunctive and declaratory relief from federal and state implementation of the AFDC filing provision, 42 U.S.C. § 602 (a)(38), on grounds that 45 C.F.R. §
206.10 (a)(l)(vii) and County Letter 84-44 3 conflict with provisions governing the use of OASDI benefits, and deprive them of due process and equal protection of the law....
...4 Subsequent to passage of the DRA, the Secretary promulgated a regulation to implement § 602(a)(38), which provides that in order for a family to be eligible for AFDC, the dependent child’s application must also include any blood-related or adoptive brothers and sisters. 45 C.F.R. § 206.10 (a)(l)(vii)(B)....
...ion with respect to a dependent child must also include, if living in the same household and otherwise eligible for assistance: (A) Any natural or adoptive parent, or stepparent ...; and (B) Any blood-related or adoptive brother or sister. 45 C.F.R. § 206.10 (a)(l)(vii) (1986)....
CopyCited 10 times | Published | District Court, M.D. Florida
...s a class action as set forth below. Based upon the foregoing, it is accordingly ORDERED: 1. The plaintiffs' Motion For Preliminary Injunction is GRANTED. The defendants are enjoined from enforcing any regulation, including but not limited to 45 CFR § 206.10(a)(1)(vii)(B) (1984), 49 Fed....
CopyCited 9 times | Published | District Court, N.D. Florida | 1974 U.S. Dist. LEXIS 12006
...ive a medicaid backdate of eligibility of three months, which would cover the expenses connected with the expected child, including doctor, hospital and drug bills, as well as an AFDC payment for herself and the child for the month of birth. 45 CFR, § 206.10(a)(6)....
...states provide benefits in favor of the unborn. It should also be noted that Florida does provide Medicaid benefits which cover doctor, hospital and drug expenses incurred during the third trimester of pregnancy upon application under Title 45, CFR, Section 206.10(a)(6)(ii)....
..."(3) Federal financial participation (at the 50 percent rate) is available in any expenses incurred in establishing eligibility for AFDC, including expenses incident to obtaining necessary information to determine the existence of incapacity of a parent or pregnancy of a mother." [3] 45 CFR, § 206.10(a)(6) states that: "Entitlement will begin as specified in the State plan, which (i) for financial assistance must be no later than the date of authorization for payment and, for purposes of federal financial participation, may be as early...
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...failed to provide her, in either written or oral form, relevant information about coverage, conditions of eligibility, scope of program, available related services, and the rights and responsibilities *1010 of the applicant, as required by 45 C.F.R. § 206.10(a)(2)(i)....
...Had appellant been provided this information, she could have executed such an agreement and immediately sought partition of the property or a declaration concerning any legal restrictions on her ability to alienate her interest, during which time she would have been eligible to receive benefits. The provisions of section 206.10(a)(2)(i) require that applicants shall be fully informed of eligibility requirements so they may change their circumstances sufficiently to comply with such requirements....
...to legal restriction. Although HRS contends that appellant was not informed of these rights because its case worker dealing with appellant was not aware that the six-month grace period was an available option, we conclude that the duty to inform in section 206.10(a)(2)(i) is not fulfilled and its performance is not excused because the case worker did not have sufficient knowledge of the rights available to the applicant pursuant to the statute and rules. Because appellant has been erroneously deprived of benefits as the result of HRS's failure to comply with rule 206.10(a)(2)(i), the order denying benefits is reversed, and the cause is remanded for further proceedings consistent with this opinion....
...roperty interest excluded for a six-month period while she undertook to dispose of her interest... ." I disagree with the decision, and would hold that legal proceedings to make an applicant eligible for benefits are not within the purview of 45 CFR § 206.10(a)(2)(i) which provides: Applicants shall be informed about the eligibility requirements and their rights and obligations under the program....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 728
...However, it is also not the responsibility of a Specialist or Supervisor to withhold information regarding eligibility when directly questioned. The brochures and pamphlets which are available at the AFDC Office, advise applicants of the broad spectrum of information as set forth in 45 CFR 206.10(a)(2)(i)....
...egulatory requirement. Florida is required to comply with all federal laws, statutes and regulations that control the AFDC program. See King v. Smith,
392 U.S. 309, 317,
88 S.Ct. 2128, 2133,
20 L.Ed.2d 1118, 1125 (1968). Federal Regulation 45 C.F.R. §
206.10(a)(2)(i) provides in pertinent part: Applicants shall be informed about the eligibility requirements and their rights and obligations under the program....
...cumstances existing in the instant case. Accordingly, where, as here, a caseworker is presented with specific and revealing information regarding the applicant's eligibility for benefits, that caseworker *1333 has an affirmative duty under 45 C.F.R. § 206.10(a)(2)(i) to inform that applicant at least orally of the conditions relevant to her eligibility....
...in determining the availability of income and resources, the following will not be included as income ... (B) loans and grants, such as scholarships, obtained and used under conditions that preclude their use for current living costs... . [2] See 45 C.F.R. § 206.10(a)(3)(i); rule 10C-1.80(9), Florida Administrative Code.
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1990 WL 14888
...This argument fails to consider that shifting the onset of benefit payments to the date of entitlement (the date of authorization of payment or 30 days after application, whichever is earlier) is consistent with federal law and thus a viable remedy for an imminent budget shortfall. 45 CFR section 206.10....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1988 WL 23002
...This court rejected the applicant's argument that her name was on the deed as a convenience to insure that her son by Powell would receive the property at Powell's death, thus she did not hold an interest in the property free of legal restrictions. Finding, however, that HRS failed to comply with the provisions of section 206.10(a)(2)(i) of the federal regulations, which "require that applicants shall be fully informed of eligibility requirements so they may change their circumstances sufficiently to comply with such requirements," the order denying benefits was reversed....
...Instead, the department representatives responded to questions and explained procedures concerning income. The hearing officer's order noted that brochures and pamphlets available at the AFDC office advised applicants "of the broad spectrum of information as set forth in 45 CFR
206.10(a)(2)(i)."
503 So.2d at 1332....
...a right to make inquiries. This court reversed, finding that "where, as here, a caseworker is presented with specific and revealing information regarding the applicant's eligibility for benefits, that caseworker has an affirmative duty under 45 CFR §
206.10(a)(2)(i) to inform that applicant at least orally of the conditions relevant to her eligibility."
503 So.2d 1332-1333....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1989 WL 146398
...Under this requirement individuals are given information in written form, and orally as appropriate, about coverage, conditions of eligibility, scope of the program, and related services available, and the rights and responsibilities of applicants for and recipients of assistance. [emphasis added] 45 C.F.R. § 206.10(a)(2)(i) (1988)....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1990 WL 90301
...month which exceeds the amount for which that unit was eligible.” 45 C.F.R. § 233.20 (a)(13)(i). Statutory Provisions Federal regulations require that AFDC applicants be informed of “their rights and obligations under the program.” 45 C.F.R. § 206.10 (a)(2)(i) (1987)....
...In this case, the district court found that the state did not provide the recipients with sufficient notice to satisfy the federal regulations. The state has not appealed the *609 district court’s finding on this issue. Consequently, this case is distinguishable from Gardebring . Title 45 C.F.R. § 206.10 (a)(7) provides that “[i]n cases of proposed action to terminate, discontinue, suspend or reduce assistance, the agency shall give timely and adequate notice....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2666, 1987 Fla. App. LEXIS 11263, 1987 WL 1901
...ailed to provide her, in either written or oral form, relevant information about coverage, conditions of eligibility, scope of program, available related services, and the rights and responsi *1010 bilities of the applicant, as required by 45 C.F.R. § 206.10 (a)(2)(i)....
...to legal restriction. Although HRS contends that appellant was not informed of these rights because its case worker dealing with appellant was not aware that the six-month grace period was an available option, we conclude that the duty to inform in section 206.10(a)(2)(i) is not fulfilled and its performance is not excused because the case worker did not have sufficient knowledge of the rights available to the applicant pursuant to the statute and rules. Because appellant has been erroneously deprived of benefits as the result of HRS’s failure to comply with rule 206.10(a)(2)(i), the order denying benefits is reversed, and the cause is remanded for further proceedings consistent with this opinion....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 6663, 2007 WL 1263983
...However, the first district reversed, finding that “where, as here, a caseworker is presented with specific and revealing information re *480 garding the applicant’s eligibility for benefits, that caseworker has an affirmative duty under 45 CFR § 206.10 (a)(2)(i) to inform that applicant at least orally of the conditions relevant to her eligibility.” Id....
...erest or seek a declaration that her interest was subject to a legal restriction.” Id. at 1010 ; see also Gonzalez,
558 So.2d at 32 . The obligation imposed upon DCF by passage 1840.0110 of the policy manual is similar to that created by 45 C.F.R. §
206.10 (a)(2)(i) in Buckley and Pond....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1297, 1988 Fla. App. LEXIS 2413, 1988 WL 55719
...ication but argued that it had corrected any harm by providing retroactive benefits to the date of application and that it properly deducted the loans as income pursuant to HRS policy. In the final order, the hearing officer concluded that 45 C.F.R. § 206.10 (6)(i)(A)(2) mandated that assistance begin within 30 days of the receipt of the application but that the hearing was not the proper forum to address the issue of agency delay because HRS was already under court order to comply with time standards....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 2554, 1991 WL 10152
...Similarly, the plaintiff’s allegations in Oliver included the complaint that the method used to calculate income under the Aid to Families with Dependent Children (AFDC) program, established by Title IV-A of the Social Security Act, 42 U.S.C. § 601 et seq., constituted an equal protection violation. Under 45 C.F.R. § 206.10 (a)(l)(vii), Old Age, Survivors, and Disability Insurance (OASDI), benefits received by parents or siblings living in the same household as a qualifying AFDC recipient must be included in the amount used to determine AFDC eligibility....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 10292, 2000 WL 1140441
...The record on appeal clearly shows the Department, on its own, rescheduled its interview with Appellant, and subsequently did not promptly inform Appellant of his responsibility to provide further verification of his worker’s compensation benefits, as required by 45 C.F.R. § 206.10 (a)(2)(i)....
