Johnson v. Quern

412 N.E.2d 1082, 90 Ill. App. 3d 151, 45 Ill. Dec. 500, 1980 Ill. App. LEXIS 3905
CourtAppellate Court of Illinois
DecidedNovember 7, 1980
Docket16183
StatusPublished
Cited by18 cases

This text of 412 N.E.2d 1082 (Johnson v. Quern) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Quern, 412 N.E.2d 1082, 90 Ill. App. 3d 151, 45 Ill. Dec. 500, 1980 Ill. App. LEXIS 3905 (Ill. Ct. App. 1980).

Opinion

Mr. PRESIDING JUSTICE MILLS

delivered the opinion of the court:

After wading through the sea of alphabet soup which typically surrounds governmental programs, we reverse.

This action comes before us through administrative review of a decision made by the Illinois Department of Public Aid (IDPA), denying plaintiff’s request for disability benefits under the Illinois program for Aid to the Aged, Blind and Disabled (AABD). The circuit court affirmed the IDPA’s determination.

Facts

On August 31, 1978, plaintiff filed an application with the IDPA in Champaign Qounty for public assistance. Although our record does not contain a copy of the application, every indication we have is that plaintiff applied for only AABD. Again, although not explicitly evidence here, it appears as if plaintiff also filed an application with the Social Security Administration (SSA) for Supplemental Security Income (SSI). (42 U.S.C. §1381 (1976).) Our record does not indicate when the application was filed with the SSA or whether plaintiff filed this application at the direction of the IDPA.

Based solely on plaintiff’s AABD application, plaintiff was put on presumptive eligibility status (PE), pending a determination of disability by the SSA. The county department thus authorized, on October 18,1978, interim assistance payments of $214.02.

On November 28, 1978, the IDPA was notified by the SSA that SSI payments had been denied to plaintiff because it was found that she was not disabled. On the same date, the IDPA denied plaintiff’s application on the basis that the SSA had determined that she was not disabled and terminated the interim assistance effective January of 1979.

On December 7, 1978, plaintiff filed a notice of appeal with the IDPA and a hearing was held on January 10,1979. At the hearing, the only question considered by the IDPA was whether SSA had in fact found that she was disabled. Counsel for the plaintiff attacked the policy of the IDPA which delegates the disability determination to the SSA. A final administrative decision denying the application for assistance was entered on February 1, 1979.

Trial Court

On March 8, 1979, plaintiff filed a complaint under the Administrative Review Act. (Ill. Rev. Stat. 1979, ch. 110, par. 264 et seq.) In the complaint, plaintiff asserted that she was sufficiently disabled to qualify for medical and financial assistance under the AABD program and that the decision to deny her application was erroneous; that she was denied due process of law by the IDPA’s refusal to continue her assistance payments pending appeal; and that she was denied due process since she was not allowed a hearing on the factual determination of her disability.

On March 3, 1980, the circuit court entered an order affirming the final administrative decision. The court framed two issues on appeal: whether the plaintiff had a statutory or administrative right to insist that Illinois make its own determination on the question of disability; and whether it was a violation of the IDPA’s regulations of due process for the IDPA to terminate the interim assistance without a hearing.

On the first question, the trial court concluded that Illinois had instituted a State program to supplement fully the Federal SSI program. The court indicated that the State Supplemental Payments (SSP) were mandated by section 3 — 13 of the Public Aid Code (Ill. Rev. Stat. 1979, ch. 23, par. 3 — 13), and that for all practical purposes SSP and AABD are not the same program. The court concluded that under section 3 — 13 of the Public Aid Code the IDPA has the power to make regulations governing a determination of disability which it has done by delegation to the SSA. The court noted that the plaintiff predicated her contention for a separate State determination of her disability upon sections 3 — 1 and 3 — 4 of the Public Aid Code. The court found, however, that the passage of sections 3 — 13 and 3 — 14 established a unified complementary Federal-State program for aid to the disabled. The court determined that an administrative appeal of an adverse determination is provided by the Social Security Administration under provisions of 42 U.S.C.A. § 1383(c) (1976), and that an adequate safeguard is provided for the rights of the applicant.

On the second question, the trial court found that the Illinois Department makes a determination upon initial application that if the applicant is indeed determined to be disabled, then a certain monthly benefit would be applicable. Illinois then pays interim assistance but the applicant is not truly eligible until the determination of disability is made. The court also found that discontinuance of the interim payments is not a termination of a right or an entitlement when no disability is found. The court concluded that since the disability determination was being made by the Federal Government, there was no requirement upon the State to continue presumptive payments during the time that an appeal is made of the Federal decision.

Issues

The plaintiff now prosecutes this appeal, arguing that the IDPA was required by State statutes, Federal regulations, and the Illinois and United States constitutions to provide her with a hearing encompassing the question of her disability. She also argues that the State was required pursuant to IDPA policy, Federal regulations, and the Illinois and United States constitutions to provide her with a hearing prior to termination of her benefits on a presumptive eligibility status. The Department claims that this case has been mooted due to the fact that plaintiff is now receiving benefits. We address the final claim first.

Mootness

It is the duty of an appellate court to decide actual controversies which can be carried into effect and not to give opinion upon moot questions or abstract propositions or to declare principles of law which cannot affect the matter in issue in the case before the court. (Rasky v. Anderson (1978), 62 Ill. App. 3d 633, 379 N.E.2d 1.) A moot question is one that existed but because of the happening of certain events has ceased to exist and no longer presents an actual controversy over the interest or rights of the party; an abstract question is one in existence but for which no effectual relief can be granted. (Harney v. Cahill (1965), 57 Ill. App. 2d 1, 206 N.E.2d 500.) Where there are strange circumstances which render the issue on appeal moot, the appeal will be dismissed even though such facts do not appear in the record. See, e. g., Slaughter v. Thornton (1975), 30 Ill. App. 3d 285, 332 N.E.2d 525.

In her brief, plaintiff asserts that the “SSA finally decided on January 21,1980, that the initial determination of no disability was erroneous and that the plaintiff had in fact been disabled since September 14, 1978, the date she applied for SSI.” Defendant now focuses upon this language and argues that the case has become moot.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Marriage of Davis
2019 IL App (3d) 170389 (Appellate Court of Illinois, 2019)
Ahmad v. Board of Election Commissioners of the City of Chicago
2016 IL App (1st) 162811 (Appellate Court of Illinois, 2017)
In re Nancy A.
Appellate Court of Illinois, 2003
People v. Nancy A.
801 N.E.2d 565 (Appellate Court of Illinois, 2003)
Patel v. Illinois State Medical Society
698 N.E.2d 588 (Appellate Court of Illinois, 1998)
Patel v. Medical Society
Appellate Court of Illinois, 1998
Steel City National Bank v. J.J. Wright Oldsmobile, Inc.
549 N.E.2d 726 (Appellate Court of Illinois, 1989)
Stallings v. Fajardo
513 N.E.2d 404 (Appellate Court of Illinois, 1987)
McHenry County Landfill, Inc. v. Environmental Protection Agency
506 N.E.2d 372 (Appellate Court of Illinois, 1987)
Jerry Russell Bliss, Inc. v. Pollution Control Board
485 N.E.2d 1154 (Appellate Court of Illinois, 1985)
Tucker v. Country Mutual Insurance Co.
465 N.E.2d 956 (Appellate Court of Illinois, 1984)
Handley v. Unarco Industries, Inc.
463 N.E.2d 1011 (Appellate Court of Illinois, 1984)
Nugent v. Miller
456 N.E.2d 640 (Appellate Court of Illinois, 1983)
Watterson v. Miller
454 N.E.2d 373 (Appellate Court of Illinois, 1983)
Carroll v. Miller
451 N.E.2d 1034 (Appellate Court of Illinois, 1983)
Bernstein Bros. v. Department of Revenue
9 Or. Tax 197 (Oregon Tax Court, 1982)
Dixon v. Quern
537 F. Supp. 983 (N.D. Illinois, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
412 N.E.2d 1082, 90 Ill. App. 3d 151, 45 Ill. Dec. 500, 1980 Ill. App. LEXIS 3905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-quern-illappct-1980.