Turner v. Ledbetter

906 F.2d 606, 1990 WL 90301
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 19, 1990
DocketNo. 89-8907
StatusPublished
Cited by5 cases

This text of 906 F.2d 606 (Turner v. Ledbetter) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turner v. Ledbetter, 906 F.2d 606, 1990 WL 90301 (11th Cir. 1990).

Opinion

HATCHETT, Circuit Judge:

In affirming the district court, we hold that the state of Georgia may not recoup funds paid to families pursuant to the Aid to Families with Dependent Children (“AFDC”) program because the payments did not constitute “overpayments,” and did not violate the eleventh amendment to the United States Constitution, or applicable statutes and regulations.

FACTS

The AFDC program provides cash support to children who have been deprived of the care and support of one of their parents through either death, continued absence, incapacity or unemployment. 42 U.S.C. § 606(a). The state of Georgia and the federal government funds the program. In order to receive federal funds, however, the program must comply with federal law, and the state is not permitted to impose eligibility requirements which exclude from coverage individuals who are eligible under federal statutes. 42 U.S.C. §§ 601, 602(a). Carleson v. Remillard, 406 U.S. 598, 92 S.Ct. 1932, 32 L.Ed.2d 352 (1972).

James Ledbetter, Commissioner of the Georgia Department of Human Resources, is responsible for the State of Georgia’s administration and operation of the AFDC program. Ledbetter is also responsible for ensuring that the state’s program, as implemented, does not violate federal law.

Prior to 1981, AFDC recipients who received a lump sum of money were deemed in receipt of a “resource.” 1 Under the law at the time, recipients of lump sum payments were terminated from the program until the lump sum was depleted below the $1,000 limit. Once the funds were depleted below that amount, the recipient could once again apply for aid.

After passage of the Omnibus Budget Reconciliation Act of 1981, a lump sum of money is deemed “income” to the recipient. Additionally, the new law requires that the recipient be terminated from the program for a “fixed period” of time, determined by dividing the lump sum amount by the recipient’s “standard of need.” 2 After the new rule became effective, the state of Georgia changed its policy to conform with federal law. In accordance with its new policy, the state terminated individuals who reported receiving a lump sum. Shortly after their terminations, these individuals received a computer-generated termination notice indicating the reasons for termination. Sever[608]*608al of these individuals chose to appeal their terminations.

PROCEDURAL HISTORY

Individuals who are and were recipients of AFDC ("recipients”) filed a class action lawsuit seeking declaratory and injunctive relief generally alleging that the state improperly applied the lump sum rule. Specifically, they alleged that (1) the state provided inadequate notice of the lump sum penalties, (2) the state provided inadequate notice of their termination, and (3) the state improperly discontinued their medicaid benefits without providing the required separate determination of Medicaid eligibility.

In granting summary judgment in favor of the recipients on all issues, the district court held that the state was required to provide advanced written notice of changes in the lump sum budgeting regulations, that the written notices provided were inadequate, and that the medicaid termination procedures were improper. The district court also held that because the state failed to provide adequate notice, the recipients were not legally terminated. Consequently, the district court concluded that the state could not recoup any funds which the recipients received while appealing their terminations.

Following the Supreme Court’s decision in Gardebring v. Jenkins, 485 U.S. 415, 108 S.Ct. 1306, 99 L.Ed.2d 515 (1988), the state moved for reconsideration. The district court vacated its holding that the state needed to provide written advance notice before terminating claimants, but refused to vacate its holding enjoining the state from recouping overpayment because the state gave the recipients inadequate notice of their rights and obligations under the new law.

CONTENTIONS OF THE PARTIES

The state contends that the district court erred when it enjoined the recoupment of “overpayment” from AFDC recipients. According to the state, the district court’s ruling violates both the eleventh amendment and the federal statutes and regulations governing the AFDC program.

The recipients contend that the state is prohibited from recouping funds which they received while appealing their termination. They argue that because they received insufficient notice of their rights and obligations under the program, the state’s attempted termination was ineffective. Accordingly, they maintain that they were entitled to the funds received and did not receive an overpayment.

ISSUE

The sole issue is whether the district court erred by enjoining the state from recouping funds which the recipients received in violation of current AFDC program requirements but which they were entitled to receive under the previous law.

DISCUSSION

Federal law requires that a state agency promptly correct any overpayment of aid under a state plan administering the AFDC program. 42 U.S.C. § 602(a)(22). Under federal regulations, an overpayment “means a financial assistance payment received by or for an assistance unit for the payment month which exceeds the amount for which that unit was eligible.” 45 C.F.R. § 233.20(a)(13)(i).

Statutory Provisions

Federal regulations require that AFDC applicants be informed of “their rights and obligations under the program.” 45 C.F.R. § 206.10(a)(2)(i) (1987). In Gardebring v. Jenkins, 485 U.S. 415, 108 S.Ct. 1306, 99 L.Ed.2d 515 (1988), the Supreme Court held that states need not provide advance written notice concerning every specific change in eligibility to satisfy the federal notice regulation. Consequently, the Court held that the state of Minnesota provided adequate notice by distributing two printed brochures that generally described the AFDC program and the recipient’s duty to report all household income monthly.

In this case, the district court found that the state did not provide the recipients with sufficient notice to satisfy the federal regulations. The state has not appealed the [609]*609district court’s finding on this issue. Consequently, this case is distinguishable from Gardebring.

Title 45 C.F.R. § 206.10(a)(7) provides that “[i]n cases of proposed action to terminate, discontinue, suspend or reduce assistance, the agency shall give timely and adequate notice.

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Turner v. Ledbetter
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Cite This Page — Counsel Stack

Bluebook (online)
906 F.2d 606, 1990 WL 90301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-ledbetter-ca11-1990.