NASW Joins in Lawsuit to Protect MDHHS Consumers from Unlawful Case Closures

NASW-Michigan was included in a recent federal appeals case involving the Michigan Department of Health and Human Services as an Amicus. On August 25, 2016, the federal appeals court in Cincinnati upheld a January 2015 class action decision that required the MDHHS Services to stop denying food assistance to people in need based on a computer match with a list of people named on outstanding felony warrants. NASW-Michigan provided advocacy in support of the original decision.

MDHHS had been using the computer match to automatically deny or cut off benefits, without considering the individual circumstances on a case by case basis, as required by federal law. MDHHS must follow the federal rules, which only allow denial of benefits if a person is intentionally fleeing and actively sought by law enforcement officials.

As a result of the federal court decisions, tens of thousands of low income households that are eligible under federal standards will receive the benefits they are entitled to, as they will not be denied or cut off from food assistance simply because the computer match shows there is a felony warrant in their name.

A much smaller number of individuals may still be disqualified from receiving food assistance if MDHHS determines that they meet the federal standard (intentionally fleeing from -- and actively sought by -- law enforcement).

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The appeals court also affirmed the district court’s decision that MDHHS cannot disqualify low income individuals from receiving cash, food, or child care assistance without giving them a notice explaining in detail why they are being disqualified, so that they can decide whether there has been a mistake and whether they should pursue a hearing to correct the mistake.

Any individuals disqualified from receiving benefits because MDHHS decides they are fleeing to avoid arrest or prosecution for a felony crime will have to be given a notice that includes information such as the type of crime they are charged with, the place where the warrant was issued, and whether MDHHS has decided that they are intentionally fleeing and actively sought by law enforcement.

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The appeals court decision paves the way for MDHHS to obtain federal agency approval for a plan to restore back food assistance benefits to roughly 20,000 individuals who were denied or cut off of food assistance during the December 2013 to January 2015 period that MDHHS was sending inadequate notices and applying the automated disqualifications to people named in felony warrants.

Once the plan is finalized and approved, the individuals who were unlawfully denied benefits will be notified (hopefully within the next month or two), and back benefits will be paid out to those who qualify.

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Anyone who thinks they may be eligible for back food assistance benefit under the lawsuit should make sure that MDHHS has their current address. Individuals who currently receive assistance from MDHHS can contact their caseworker or use Mibridges to update their address. Individuals not receiving MDHHS assistance can call MDHHS at 877-522-8050 to report their current address.

Information will be posted at aclumich.org/publicbenefits as soon as the plan for providing back benefits to class members is approved. Check the website for up to date information.