- Posted June 29, 2012
- Tweet This | Share on Facebook
Appeals court says state's 5-year welfare limit OK
LANSING (AP) -- The state of Michigan can take away welfare benefits under a five-year federal limit even if recipients still might qualify for cash under state law, a state appeals court ruled Wednesday.
The court overturned a decision in a closely watched dispute over welfare spending. A Genesee County judge had said Michigan Department of Human Services Director Maura Corrigan lacked authority last fall to enforce the five-year limit against more than 11,000 families.
Michigan has a four-year limit, but the clock stops when someone with a disability can't work or when family members are caring for a disabled spouse or child and can't hold an outside job. The Human Services Department said it would adhere to the stricter federal cap in an attempt to save more than $70 million a year. Without it, the state would be spending beyond five years.
"The circuit court erred in finding that the DHS director has no authority under the Social Welfare Act to impose this limitation. Other statutory provisions ... authorize the DHS" to take action, said judges Patrick Meter, Deborah Servitto and Karen Fort Hood.
Corrigan said she was pleased with the decision.
The Saginaw-based Center for Civil Justice, which filed the lawsuit, said many families are on the verge of losing housing or utilities. The group claims the state could use federal money instead of state money.
"We are disappointed by the decision and are worried about its impact on thousands of needy families," director Terri Stangl said in a statement.
"I spoke to a woman who was the caregiver for five children as well as a mother with disabilities," Stangl said. "She has been applying for jobs the last six months without success. She is about to lose her water service, and soon will be homeless."
Stangl said the group is reviewing its options.
The appeals court addressed the key dispute in the lawsuit but sent the scaled-down case back to Genesee County court to look at other issues.
Published: Fri, Jun 29, 2012
headlines Oakland County
- Bench/Bar Conference
- Whitmer signs bipartisan bills to support the education and safety of Michigan Children, other legislation
- Attorney general decries latest DTE electric rate hike request
- Federal judges approve redraw of Detroit-area state House seats ahead of 2024 election
- Local moot court team impresses at ABA National Advocacy Competition
headlines National
- 50 Years of Service: ABA has been a ‘stalwart ally’ for LSC funding
- ACLU and BigLaw firm use ‘Orange is the New Black’ in hashtag effort to promote NY jail reform
- Biden recalls time he bluffed knowledge of torts case and why he changed his mind about civil-trial work
- Lawyers’ ‘barrage of personal attacks’ on opponents started with tissue-box toss, appeals court says
- Longtime prosecutor resigns after judge tosses him from case, citing Perry Mason-type revelations
- 24% of law students expect to work in public service, survey says