Walker v. Karpan
Decision Date | 30 September 1986 |
Docket Number | No. 85-240,85-240 |
Citation | 726 P.2d 82 |
Parties | Marcia WALKER, Appellant (Plaintiff), v. Kathleen M. KARPAN, in her official capacity as Director, Julia E. Robinson, in her official capacity as Administrator of the State of Wyoming Department of Health and Social Services Division of Public Assistance & Social Service, Appellees (Defendants). |
Court | Wyoming Supreme Court |
Duane Myres, Casper, for appellant.
A.G. McClintock, Atty. Gen., Carole Shotwell, Sp. Asst. Atty. Gen., Whitehead, Zunker, Gage, Davidson & Shotwell, P.C., Cheyenne, for appellees.
Before THOMAS, C.J., and BROWN, CARDINE, URBIGKIT and MACY, JJ.
The sole question presented in this case is whether Marcia Walker should have been afforded a hearing prior to the termination of benefits for her and her minor son under the Aid to Families with Dependent Children (AFDC) program. The Department of Health and Social Services (Department) denied a hearing after furnishing notice to Marcia Walker of the termination of benefits and of her opportunity to request a hearing, and that action was affirmed by order of the district court upon a petition for review presented by Walker. We hold that given the circumstances reflected in the record the law does not require that a fair hearing be granted to Marcia Walker, and we affirm the judgment of the district court.
Prior to May 20, 1985, Marcia Walker and her minor son were receiving benefits under the AFDC program. Another son was receiving social security benefits due to the death of his father. The total of these benefits for the three-member family was $688 per month. The rules of the Division of Public Assistance and Social Services (DPASS) were changed prior to May 20, 1985, in accordance with the Deficit Reduction Act of 1984, Public Law 98-369. Section 2640(a) of Public Law 98-369 provided that § 402(a) of the Social Security Act would be amended by inserting among others the following new paragraph which provided in pertinent part:
Title 45 C.F.R. § 206.10(a)(1)(vii) (1982) then was amended to provide that the definition of assistance unit included all related children, that is both of the minor sons of Marcia Walker. 49 Fed.Reg. 35,599 (1984) ( ). Consistently with the amendment to the statute, existing federal AFDC policy, which permitted the exclusion of a child receiving social security benefits such as Walker's one son received, was stated to be no longer valid, and State Letter 1088, which promulgated that policy, was revoked. 49 Fed.Reg. 35,588-35,589 (1984) ( ). The Wyoming Public Assistance Manual at § 5006.02 was changed to conform with the federal requirements.
The effect of these changes on the situation of Marcia Walker was that the social security benefits received by the one minor son had to be considered in determining the level of need of the three-person assistance unit. The result of these changes, in accordance with appropriate calculations, was that the AFDC benefit of $320 previously paid to Walker and the minor son who did not receive social security was eliminated. An employee of the Wyoming DPASS then advised Walker that the benefits would be terminated.
Upon receiving that advice Walker requested a fair hearing, or agency appeal of the termination. She indicated that her reason for requesting the hearing was to determine whether DPASS legally could terminate the benefits. On June 13, 1985, a letter from the Wyoming Department of Health and Social Services was sent to Walker denying the request for fair hearing. Walker received that letter June 27, 1985, and on July 25, 1985, she filed a petition for review in the district court. After amending the petition on July 26, 1985, Walker also filed motions requesting the district court to order the Department to afford her a hearing and to continue her benefits until the hearing was held.
While the proceedings were pending in the district court, Walker received another notice of termination on August 16, 1985, and she again requested a fair hearing on August 26, 1985. The district court entered an order on September 3, 1985, affirming the June denial of a hearing. Walker's benefits then were terminated on September 5, 1985. Walker filed a motion to vacate the district court's order on September 11, 1985, which the district court granted on September 12, 1985, but on September 18, 1985, another order was entered affirming the denial of the fair hearing. After that the Department of Health and Social Services sent Marcia Walker a letter on October 16, 1985, which informed her that her second request for a fair hearing, the one presented on August 26, 1985, also was denied. Walker's appeal is from the order of the district court affirming the denial of a fair hearing.
Walker's statement of the issues discloses that she attacks the denial of a hearing on all possible theories. Her statement of issues is:
The appellees state the issues for decision as follows:
To continue reading
Request your trial-
Natrona County School Dist. No. 1 v. Ryan, s. 88-13
...the legal rules to a defined set of facts, Cody Gas Co. v. Public Service Com'n of Wyoming, 748 P.2d 1144 (Wyo.1988); Walker v. Karpan, 726 P.2d 82 (Wyo.1986); and Belco Petroleum Corp. v. State Bd. of Equalization, 587 P.2d 204 (Wyo.1978), or committed error in the application of an errone......
-
Hennigan v. State, 86-82
...tone, they do not afford optimum assistance in our effort to identify incidents that can be characterized as errors of law. Walker v. Karpan, Wyo., 726 P.2d 82 (1986). Hennigan's arguments, instead, manifest an effort to explain the errors that could be present if the extant rules were as H......
-
General Adjudication of All Rights to Use Water in the Big Horn River System, In re, s. 85-203
...conscience of this court is held to be an abuse of discretion. Waldrop v. Weaver, Wyo., 702 P.2d 1291 (1985). See also Walker v. Karpan, Wyo., 726 P.2d 82, 90 (1986). The master determined that practicably irrigable acreage should be based on present standards. Mr. Floyd Bishop, former Stat......
-
In re Rights to Use Water in Big Horn River, No. 85-203 to 85-205
...conscience of this court is held to be an abuse of discretion. Waldrop v. Weaver, Wyo., 702 P.2d 1291 (1985). See also Walker v. Karpan, Wyo., 726 P.2d 82, 90 (1986). [85 P.3d 103] The master determined that practicably irrigable acreage should be based on present standards. Mr. Floyd Bisho......