Price v. Cohen

715 F.2d 87
CourtCourt of Appeals for the Third Circuit
DecidedAugust 17, 1983
DocketNo. 83-1387
StatusPublished
Cited by54 cases

This text of 715 F.2d 87 (Price v. Cohen) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Price v. Cohen, 715 F.2d 87 (3d Cir. 1983).

Opinion

OPINION OF THE COURT

ADAMS, Circuit Judge.

The Pennsylvania Department of Public Welfare and Walter S. Cohen, Secretary of the Department, appeal from an order of the district court, 565 F.Supp. 657, permanently enjoining enforcement of section 10 of Act 1982-75, which amended the Pennsylvania Public Welfare Code. 1982 Pa. Laws 231, amending 62 P.S. § 432.1 The district court issued the injunction after concluding that section 10 violated the equal protection clause of the Fourteenth Amendment by discriminating impermissibly on the basis of age. Because we hold that there is a rational relationship between the age-based categories established in section 10 and legitimate state interests, we reverse.

I.

In 1982, the Pennsylvania legislature passed by a narrow margin a series of major changes in the Commonwealth’s welfare laws. Act of April 8, 1982, 1982 Pa. Laws 231. Section 10, the provision at issue in this suit, significantly alters the eligibility requirements for state-funded general assistance payments. Under the previously applicable provision, all persons eligible to receive general assistance relief were entitled to payments for twelve months a year. Section 10, in contrast, establishes two categories of needy persons: the chronically needy and the transitionally needy. Only those deemed to be in the former group are eligible for year-round general assistance relief. Those classified as transitionally needy are limited to three months’ general assistance payments in any twelve month period.

A chronically needy person is defined by the Act as one who is eligible for general assistance relief and is

(A) A child who is under age eighteen or who is attending a secondary or equivalent vocational or technical school full-time and may reasonably be expected to complete the program before reaching age nineteen.
(B) A person who is over forty-five years of age.
(C) A person who has a serious physical or mental handicap which prevents him or her from working in any substantial gainful activity as determined in accord[90]*90anee with standards established by the department....
(D) A person who is a caretaker.. ..
(E) A person suffering from drug or alcohol abuse who is currently undergoing active treatment in an approved program. No individual shall qualify as chronically needy under this clause for more than nine months.
(F) A person who is employed full-time and who does not have earnings in excess of current grant levels.
(G) Any person who is ineligible for unemployment compensation and whose income falls below the assistance allowance level as a result of a natural disaster as determined by the department.
(H) Any person who has previously been employed full-time for at least forty-eight months out of the previous eight years and has exhausted his or her unemployment compensation benefits prior to applying for assistance.

1982 Pa. Laws 231.

The transitionally needy are all persons eligible for general assistance relief who are not classified as chronically needy. The distinction between the two groups is essentially an age distinction. Those eligible persons younger than eighteen or older than forty-five are deemed chronically needy. Persons between eighteen and forty-five are classified as transitionally needy, unless they meet one of the additional enumerated requirements. 1982 Pa. Laws 231.

The statutory classifications are not rebuttable. Thus a person between the ages of eighteen and forty-five, who does not fall within one of the specific enumerated categories of chronically needy, is not permitted to establish eligibility for year-round general assistance relief by showing that he or she is in fact totally unable to support him or herself. Even if such a person could show both total destitution and good faith efforts to find employment, he or she would not be entitled to more than three months of general assistance per year.

II.

The original plaintiffs in this action were ten named individuals between the ages of eighteen and forty-five, who alleged that they were unable to maintain a “decent and healthful standard of living” without receipt of public assistance. Each asserted a willingness to work, but claimed to have been unable to find employment. Two of the original plaintiffs withdrew from the case before the district court entered its order on May 27, 1983. The remaining eight plaintiffs claim to represent a class of similarly situated persons, all of whom have been classified as transitionally needy. The district court did not certify the class, but in its Memorandum Opinion and Order appears to have treated the case as a class action.

Bleak and uncertain futures confront the named plaintiffs. Their sources of public assistance are either wholly exhausted or inadequate to maintain them. Each has already received the ninety day allowance permitted the transitionally needy under section 10, and will therefore be ineligible for further cash payments under the general assistance program until next year. Some, if they succeed in maintaining a residence, will continue to be entitled to other benefits, but the payments under these programs are quite limited: food stamps worth about $2.50 a day, low income energy assistance, and some medical help. Those who are put out on to the streets because of a failure to pay rent or because relatives or friends are unwilling or unable to support them any longer will lose their eligibility for even these meager benefits.

Private charities may provide some relief for some of the transitionally needy, but the affidavits submitted assert that these charities are neither inclined nor equipped to take on responsibility for the extended care and support of indigents. According to the affidavits, Mercy Hospice and the Salvation Army, for example, provide only emergency temporary shelter for the homeless. They limit the amount of time that any individual may remain in their facilities to two or

[91]*91three weeks. (Declarations of Sister Mary Scullion and Lois Semanision.)

Those who are transitionally needy are, consequently, thrown back on their own very limited personal and familial resources. The affidavits of several of the plaintiffs. Show that they have moved in with relatives and friends, but fear that those persons will be unwilling and unable to keep them much longer. (Affidavits of Cynthia Rivers and Anthony Gooden.) Other plaintiffs appear to have no family or friends from whom to obtain assistance. (Affidavits of Andrew Talley, Patricia Dogma, and Toni Cobb.) With few skills and little education, the plaintiffs face a difficult job market. One of the named plaintiffs had only three years of education in a rural school and is illiterate, and several operate with serious handicaps such as prison records and past alcohol and drug dependency. Given the high unemployment rate, particularly in certain areas of Pennsylvania, it will be difficult for these persons to find work.2

The plight of the two plaintiffs who are pregnant is especially poignant. Pregnant women are entitled in Pennsylvania to certain special benefits designed to insure that they receive proper nutrition and minimally adequate medical care.

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Bluebook (online)
715 F.2d 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-cohen-ca3-1983.