Quarterman v. Department of Health & Rehabilitative Services

650 So. 2d 104, 1995 Fla. App. LEXIS 573, 1995 WL 33520
CourtDistrict Court of Appeal of Florida
DecidedJanuary 31, 1995
DocketNo. 93-3874
StatusPublished
Cited by2 cases

This text of 650 So. 2d 104 (Quarterman v. Department of Health & Rehabilitative Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quarterman v. Department of Health & Rehabilitative Services, 650 So. 2d 104, 1995 Fla. App. LEXIS 573, 1995 WL 33520 (Fla. Ct. App. 1995).

Opinion

DAVIS, Judge.

Appellant, Tamela Quarterman, appeals from an order of the Department of Health and Rehabilitative Services Office of Public Assistance Appeal Hearings affirming the Department of Health and Rehabilitative Services’ (“the department”) action to reduce appellant’s Aid to Families with Dependent Children (AFDC) benefits in order to recover AFDC overpayments made to appellant’s mother at a time when appellant was a member of her mother’s assistance unit. Appellant argues on appeal (1) that the hearing officer erred in allowing the department to recoup five percent of appellant’s current AFDC benefits to repay an overpayment to appellant’s mother; (2) that appellant’s right to due process was violated by a failure of the department to give proper and timely notice of the action to appellant; and (3) that the hearing officer erred in failing to determine whether appellant would suffer extreme hardship by the department’s recoupment of appellant’s AFDC benefits. Because the notice sent by the department to appellant states only that appellant’s AFDC grant would be reduced to recover overpayments which occurred from November 1989 through January 1990, we reverse that part of the order which affirms the department’s action to reduce appellant’s AFDC benefits to recover overpayments during other time periods. We find no merit to the other issues raised by appellant and, therefore, affirm as to those issues.

On June 10, 1993, the department sent appellant a letter advising appellant that, in accordance with federal regulations, Florida Statutes and agency policy, appellant’s AFDC benefits would be reduced beginning the following month to recover benefits received in error by appellant’s mother on appellant’s behalf. The letter informed appellant that the overpayments occurred from November 1989 through January 1990 because appellant’s mother failed to report income and received benefits to which she was not entitled. The letter informed appellant that her benefits would be reduced by twelve dollars per month, which represented five percent of the AFDC payment standard for appellant’s size assistance group. The letter further advised appellant of the right to request a hearing before a hearing officer, that appellant could bring anyone she chose, such [106]*106as a lawyer, relative or friend to the hearing, and that appellant could contact the department’s local office if she needed information on how to obtain free legal advice.

The department initially attempted to seek repayment of the overpayments from appellant’s mother, but was only able to recoup $551. At the time of the hearing, appellant’s mother was no longer receiving AFDC benefits and a benefits recovery action was pending against her.

At the time of the hearing, appellant was living with her grandmother. Appellant was 15 years of age with two minor children of her own. Appellant was 9, 12 and 13 years of age when the overpayments to her mother occurred. Appellant testified that she first found out about the overpayments when she received the June 10, 1993 letter irom the department. Appellant testified that she understood the letter, but did not understand why the department was recouping AFDC benefits from her instead of her mother.

The department alleged that appellant’s mother received a total of $3,043 in AFDC benefits to which she was not entitled. The department contended that appellant’s moth-' er’s failure to accurately report her income led to overpayments for the months December 1985 through March 1986, November 1989 through January 1990, February 1990 through March 1990 and January 1991 through February 1991. The department conceded that appellant was not responsible for causing the overpayments and that appellant’s mother was responsible for providing the information for the assistance group. The department argued, however, that, because appellant was a member of her mother’s assistance unit at the time of the over-payments, appellant was liable for the repayment of the claims pursuant to Fla.Admin.Code R. 10C-1.900 and 45 C.F.R. section 233.20(13).

At the time of the hearing, the department was reducing appellant’s AFDC grant by $15 per month, which resulted in an AFDC grant of $288 per month. Appellant testified that the department’s recoupment of $15 per month was an undue hardship because her mother had a job, she was not living with her mother and she had two minor children of her own. Appellant testified that she receives $243 per month in food stamp benefits. Appellant lives with her grandmother and pays her grandmother $100 per month rent. Appellant’s rent includes utilities. On the first of every month, appellant spends an average of $100 on her children for things such as diapers, clothing, shoes and haircuts. Appellant spends approximately $50 per month for personal items. Appellant also spends money on clothing for herself. Appellant does not have a car. The department argued that recoupment in the amount of $15 per month was not an undue hardship because, based on appellant’s testimony, appellant had $38 per month left after her monthly expenses were subtracted from her AFDC check.

The hearing officer concluded that, under Fla.Admin.Code R. 10C-1.900 and 45 C.F.R. section 233.20(a)(13)(B), appellant was responsible for the overpayments. The hearing officer concluded that, under Fla.Ad-mimCode R. 10C-1.900(8) and 45 C.F.R. section 233.20(13)(E), it was not necessary for the department to notify appellant, in addition to her mother, of the establishment of the overpayment claims. The hearing officer further determined that the department’s action to recoup the overpayments was in accordance with Fla.Admin.Code R. 10C-1.900 because appellant was a current recipient of AFDC benefits. The hearing officer concluded that it was not within the hearing officer’s discretion to suspend or waive repayment when an individual is receiving AFDC benefits.

Appellant argues that the hearing officer erred in allowing recoupment of appellant’s AFDC benefits pursuant to 45 C.F.R. section 233.20(a)(13)(i)(B)(3) because the regulation is inconsistent with 42 U.S.C. section 602(a)(22)(A), the implementing statute. 42 U.S.C. section 602(a)(22)(A) provides, in part:

(a) Contents. A State plan for aid and services to needy families with children must—
(22) provide that the State agency will promptly take all necessary steps to correct any overpayment or underpayment of [107]*107aid under the State plan, and, in the ease of—
(A) an overpayment to an individual who is a current recipient of such aid (including a current recipient whose overpayment occurred during a prior period of eligibility), recovery will be made by repayment by the individual or by reducing the amount of any future aid payable to the family of which he is a member....

45 C.F.R. section 23S.20(a)(13)(i)(B) provides:

The State shall recover an overpayment from (1) the assistance unit which was overpaid, or (2) any assistance unit of which a member of the overpaid assistance unit has subsequently become a member, or (3) any individual members of the overpaid assistance unit whether or not currently a recipient_

Fla.Admin.Code R. 10C-1.900(2)(a) provides:

(2) Persons Responsible for Repayment of Overpayment.

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Bluebook (online)
650 So. 2d 104, 1995 Fla. App. LEXIS 573, 1995 WL 33520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quarterman-v-department-of-health-rehabilitative-services-fladistctapp-1995.