The Role of the Courts in Securing Welfare Rights and ...

Welfare Law Centerfrom Virginia notes the great disparity between neighboring counties in the number of sanctionsimposed and suggests worker discretion as the reason. 88In Florida, extensive delays and inconsistent administration have occurred in the creationand implementation of the private and quasi-public coalitions charged with implementing thework program components of that state’s TANF program. As a consequence, thousands ofrecipients have not received services designed to assist them in securing unsubsidizedemployment prior to the expiration of the time limits. In Massachusetts proposed regulationsregarding extensions of time limits do not contain adequate standards defining which families willqualify for an extension.In other states, standardless administration has also pumped up the rate of erroneoussanctions. In Utah, a welfare administrator found that half of the sanctions ordered under a pilotprogram were done in error, often when a caseworker didn’t detect that a recipient suffered frommental illness or some other problem. 89 In Montana, a family was sanctioned for submitting apay stub one day late, in violation of an unwritten rule developed by the caseworker. 90In many of the situations described above, litigation is being contemplated to deal withthe enormous harm that results from unfairness in treatment. In New York State, the WelfareLaw Center and the local legal aid program have filed a class action in federal district court in oneof the few cases post-PRA due process cases to be filed. 91 In this case, plaintiffs challenge illegalterminations of medical assistance, often without notice, whenever the public assistance programbenefits are terminated for allegedly failing to comply with public assistance program rules. Theparties are in settlement discussions.Adequacy of Notice. While the notices provided to applicants and recipients underAFDC were often far from ideal, we have observed, and advocates across the country report, ageneral decline in the adequacy and timeliness of notices. Notice is clearly crucial for poorpersons seeking to navigate increasingly complex welfare bureaucracies with numerous newrequirements, including tight time limits on aid. Thus, litigation will likely be filed to improve theadequacy and timeliness of notice provided applicants and recipients of public assistance. It isMay 1999⋅ 34 ⋅