Learned v. Department of Public Welfare

Massachusetts Appeals Court

Learned v. Department of Public Welfare

444 N.E.2d 398, 15 Mass. App. Ct. 923, 1983 Mass. App. LEXIS 1181

CourtMassachusetts Appeals Court

DecidedJanuary 17, 1983

StatusPublished

Cited by1 cases

This text of 444 N.E.2d 398 (Learned v. Department of Public Welfare) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Learned v. Department of Public Welfare, 444 N.E.2d 398, 15 Mass. App. Ct. 923, 1983 Mass. App. LEXIS 1181 (Mass. Ct. App. 1983).

Pincite

Opinion

The plaintiff has appealed from a judgment of the Superior Court which affirmed a decision of the Department of Public Welfare denying the plaintiff’s application for AFDC benefits. The department had determined that the plaintiff failed to cooperate with it and that such cooperation was a statutory prerequisite to receipt of benefits under the joint Federal-State AFDC program, 42 U.S.C. § 602(a)(26) (1976); G. L. c. 118E, § 3.

The only issue properly before us concerns the sufficiency of the evidence regarding the plaintiff’s failure to provide the requisite cooperation. [924]*924On our review of the record, and mindful of the plaintiff-applicant’s burden to demonstrate eligibility for AFDC benefits, see Williams v. Department of Pub. Welfare, 11 Mass. App. Ct. 1034 (1981), the department’s decision was supported by substantial evidence. See G. L. c. 30A, § 14. The other contentions of the plaintiff were not made before the department, see Shamrock Liquors v. ABCC, 7 Mass. App. Ct. 333, 335 (1979), or raised in the Superior Court, see Drury v. Abdallah, 9 Mass. App. Ct. 865, 867 (1980). As a consequence, they cannot be considered here.

Joel Pentlarge for the plaintiff. William L. Pardee, Assistant Attorney General, for the defendant, submitted a brief.

Judgment affirmed.

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The plaintiff has appealed from a judgment of the Superior Court which affirmed a decision of the Department of Public Welfare denying the plaintiff’s application for AFDC benefits. The department had determined that the plaintiff failed to cooperate with it and that such cooperation was a statutory prerequisite to receipt of benefits under the joint Federal-State AFDC program, 42 U.S.C. § 602(a)(26) (1976); G. L. c. 118E, § 3.

The only issue properly before us concerns the sufficiency of the evidence regarding the plaintiff’s failure to provide the requisite cooperation. [924]*924On our review of the record, and mindful of the plaintiff-applicant’s burden to demonstrate eligibility for AFDC benefits, see Williams v. Department of Pub. Welfare, 11 Mass. App. Ct. 1034 (1981), the department’s decision was supported by substantial evidence. See G. L. c. 30A, § 14. The other contentions of the plaintiff were not made before the department, see Shamrock Liquors v. ABCC, 7 Mass. App. Ct. 333, 335 (1979), or raised in the Superior Court, see Drury v. Abdallah, 9 Mass. App. Ct. 865, 867 (1980). As a consequence, they cannot be considered here.

Joel Pentlarge for the plaintiff. William L. Pardee, Assistant Attorney General, for the defendant, submitted a brief.

Judgment affirmed.

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Bluebook (online)

444 N.E.2d 398, 15 Mass. App. Ct. 923, 1983 Mass. App. LEXIS 1181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/learned-v-department-of-public-welfare-massappct-1983.

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