Barrett v. Roberts

551 F.2d 662
Court of Appeals for the Fifth Circuit·Decided May 2, 1977·No. No. 75-2997·Published·Cited by 19 cases

Opinion

JAMES C. HILL, Circuit Judge:

The appellant has been a recipient of Aid to Families with Dependent Children (“AFDC”), since October, 1973.1 Although the appellant normally had received her monthly AFDC benefit check on or about the first day of each month, she received notice on May 19, 1975, advising her that the benefits would be terminated at the end of May, unless she requested what is known as an administrative fair hearing, prior to May 29, 1975. The appellant requested such a hearing on or about May 29, 1975, and she was advised that her June check would arrive later in the month. On June 6, 1975, appellant brought this action, seeking declaratory and injunctive relief and alleging that the delay in the receipt of her benefits constituted a violation of her Fourteenth amendment rights and her rights under Title IV-A of the Social Security Act, 42 U.S.C. § 601 et seq. On June 17, 1975, the District Court for the Southern District of Florida denied the requested in[664] junction and entered a judgment dismissing the complaint with prejudice. As of June 17, 1975, the plaintiff had not yet received her June check.

I. The Facts.

The delay experienced by the plaintiff in receiving her check resulted from a procedure followed by the appellees in reviewing, on a semi-annual basis, the eligibility of each AFDC recipient. This review program is intended to prevent large numbers of persons from receiving cheeks to which they are not entitled and to improve the administrative efficiency of the distribution process. The savings occasioned by the program allegedly involve large sums of money each year.2

The procedure followed by the appellees may be described as follows. When an AFDC caseworker determines that a recipient is no longer eligible for benefits, the worker sends a “Notice of Case Action” so advising the recipient and further advising the recipient that if a request for hearing is made within ten days, the AFDC benefits will be continued until a decision as to eligibility is made by a hearing officer.3 At the same time the notice is sent, the caseworker completes what is called an Assistance Payments Record Form (“APR”), which removes the recipient’s grant from the “regular payroll.” If the recipient files a timely request for a fair hearing, the caseworker then completes and sends another APR form, placing the recipient upon a “supplemental payroll,” and thereby resuming the benefits of the recipient. The date of this action, which is based upon the date when the hearing is requested, determines the supplemental payroll upon which the recipient is placed and, depending on the date of the supplemental payroll, the next month’s check to the recipient will arrive from 8 to 20 days after the first of the month. As a result, the recipient’s check for the month subsequent to the Notice of Case Action will be delayed even though a hearing is requested and the recipient’s eligibility might later be established. The principal question presented in this appeal is whether the delay caused by this procedure is violative of the recipient’s rights.

A close examination of the appellees’ payroll procedure is essential to an understanding of this case. The appellees explain that checks are sent to recipients only after a “payroll” is prepared. The payroll is actually a computer tape which contains essential information about the payee, such as the payee’s name, the amount of the check, the address and the date. After a payroll is prepared it is given to the State Comptroller, who is responsible for issuing the checks. Although this procedure normally takes a maximum of ten days, there is a cut-off date for each payroll date. This is usually the day prior to the payroll date, as that is the last day on which information can be received in time to process it for inclusion in the payroll.

The appellees use three different types of payrolls. The first of these is called the “new case payroll,” which as its name implies, is used to expedite the mailing of checks to new applicants who are determined to be eligible for welfare assistance. There are four of these payrolls prepared each month.

There is also what is known as a “regular payroll,” to which a recipient appearing on the new case payroll is automatically transferred for the next and each subsequent month. This payroll, which accounts for 75,000 checks each month, is prepared on approximately the 19th of each month, with [665] a closing date of the 18th. Normally, recipients on the regular payroll will receive their checks on or about the first day of each month.

The appellees also prepare three “supplemental payrolls” each month, approximately 10 days apart (on the 10th, 19th, and 28th of each month). Supplemental payroll checks are mailed approximately ten days after each payroll is prepared. The supplemental payroll is used to perform many functions, such as sending payments of grants which are increased after the regular payroll has been printed; reissuing checks which have been lost or stolen or in which the name of the payee has been changed; paying retroactive benefits; issuing checks where a regular payroll check has been inadvertently omitted or not processed on the regular payroll for technical reasons; and, as in this case, providing for the continuation of benefits when a recipient files a timely appeal to a proposed termination. Thus, the date on which a request for a fair hearing is received determines which supplemental payroll is used and, as a result, the length of the delay to the recipient (8 to 20 days).

II. The Denial of Injunctive Relief.

In the district court, appellant sought a preliminary injunction on her behalf, and on behalf of all other similarly situated AFDC recipients, against the eligibility review procedures of the appellees. Since the cause had not been certified as a class action before the district court dismissed it with prejudice, the appellant is in an anomalous situation on appeal. Although her check was delayed during the month of June, 1975, the record does not indicate that her checks for later months were also delayed.

Since the appellant is no longer experiencing any delay in the receipt of her checks, the appellees contend that this action is moot. Aside from the class action allegations, which are not before us in this appeal, the appellant is essentially asking this court to declare that something which has already happened ought not to have happened. As a result, the appellees contend that the appellant no longer has a stake in this litigation. They argue that the requested injunction would have absolutely no effect on the appellant since she is already receiving her checks on the first of each month.

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Barrett v. Roberts, 551 F.2d 662 (5th Cir. 1977).

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Barrett v. Roberts
551 F.2d 662 (Fifth Circuit, 1977)