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Court: Indiana can't deny welfare without reason

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The Indiana Supreme Court said Thursday that the state Family and Social Services Administration can't deny Medicaid, food stamps or welfare to people without first doing a better job of telling them why.

The unanimous ruling came in a four-year-old class action lawsuit that challenged the way the outsourcing of the state's welfare system dealt with clients. The system has since been modified, but a lawyer for the American Civil Liberties Union of Indiana, which filed the lawsuit in 2008, said the problem persists.

In a 23-page opinion, the justices said FSSA violated applicants' due process rights when it sent them notices that stated their benefits were denied because they had failed to cooperate without citing a specific reason. The 2008 lawsuit argued that the FSSA sent notices denying or cutting off Medicaid, welfare or food stamps because of missing documents in clients' applications, but never told clients which documents were missing.

In one case, the agency cut off Medicaid to a woman with hearing problems and other disabilities after a telephone interview that she had trouble understanding and refused to meet with her in person. The justices said the agency's treatment of the woman violated federal law including the Americans with Disabilities Act.

The woman had wanted to talk with a caseworker, but the ruling said only that FSSA must accommodate her disability but wasn't obligated to provide a caseworker.

"I think a lot of those issues have likely been resolved by the fact that they did get away from the modernization effort and revamped their offices so there is a little more person-to-person contact," ACLU attorney Gavin Rose said.

The woman whose benefits were cut off sued on behalf of all people who applied for or received public benefits from the FSSA. Rose said that could be as many as a million people.

FSSA spokesman Neal Moore said the agency was reviewing the ruling and had no comment.

The modernization effort involving a team of private vendors began in 2007 and introduced call centers, the Internet and fax machines as means to apply for benefits. It took away specific state caseworkers assigned to each household. But Gov. Mitch Daniels canceled the contract with IBM, the main vendor, in 2009 following problems that included lost documents, lengthy hold times for its call centers and too many errors in processing of food stamps and Medicaid.

After Daniels fired IBM, FSSA took its place as the leader among several subcontractors in the automation project and has gradually introduced a new system, dubbing it "hybrid." The system adds more face-to-face caseworker interaction with clients during the welfare application process.

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  • Privacy
    Not only does this system not work it also invades your privacy by including everyone in the household as a group. When your information is sent out everyone who has held that address or phone number information is included in the letter
  • people lie
    I know someone who applyed in two different states gets it lives with her husband so how do they beat the system,don't have to work for their food stamps,but other people do.i wish i was them so i could do the same thing
  • This wont help
    So I get to know in details why I was denied, sweet more failure!

    http://ebtcardbalance.com/
  • Typical
    The state and the gov and the legislature all have the same attitude. The people do not count. The safety net and middle class do not deserve services. The elimiation of the taxes on the rich will help the state prosper. I am sure IBM is laughing as the company sue us.
  • State Supreme Court Medicaid Ruling
    While Medicaid is no longer privatized, the state has opted for a system that forces callers to speak with whoever in the state answers the phone. Despite numerous errors, no one would give me the number of my local office. People on the phone were rude and condescending. Until I contacted my state senator, I could not get my questions answered. This new system is ridiculous.

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  1. So the Mayor adds another non value added layer to having a vehicle towed? Whereby the City Government RECIEVES AN ILLEGAL KICKBACK FROM A LGOISTICS COMPANY THAT SUBS THE WORK TO LOCAL TOW COMPANIES? What is the service the City performs for receiving the "tribute"? This is RICO!!!!! What a corrupt and unnecessary layer. What a dirtbag Mayor and his cronies.

  2. Owner occupied housing. Clear enough?

  3. So people think I am paranoid. It's from experience in dealing with puds requested by developers who make major donations themselves to representatives, have nice fund raisers for those running for office and hide through pac's. then there are the public relation firms. You will note some pr comments below. You there Clyde Lee? My opinion. Commercial along 421, great. Multifamily housing, terrible idea that will change the town. Senior condos or zero lot line homes west, great. I suggest keeping all entries to commercial areas at 421. All entries to owner occupied on sycamore. Will keep the traffic on sycamore down some. Two other things. You can't trust what will be there in 10 years. Steve builds quality stuff, but areas change over time. Look at the changes at the wall mart center at 86th and 421 over the last 10 years. Look at the apartments and neighborhoods behind St Vincent's. Raintree properties WILL decrease in value if commercial and multifamily goes in near. It has already been happening around the bridges area. The houses that have been sold recently are way below market. Several deals not closed due to the Illinois construction and the whole unsurety of the bridges. It's pretty simple, Zionsville will approve the whole thing because the city council has been groomed over a LONG period of time for this. I might even suggest some are in their position as a result of this.

  4. Esta, do you have a dog in this fight? You seem to really want to knock anyone against this project. No, I didn't move to Indiana for the architecture. I moved here for that red barn in the field. The horses and fields of corn. A place that is NOT overdeveloped. There are plenty of nearby places in Indianapolis that could be REDEVELOPED instead.

  5. RKW - OK, we get it, you're paranoid. The question is, are you paranoid enough? Greg - Yes, Pittman(s) is (are) at it again. They are developers, they build things. It's what they do. So when you go to work tomorrow, Greg, you're at it again too. Cliff - Really? You moved to Indiana for its progressive architecture? That's like moving to England for the cuisine. Zionsvillain - The house you moved to was once a field or woods. I'm willing to bet folks were upset when that ground was plowed under and a house was built. But I guess now that you are in, everything should stop? "My house was OK, but the next one is sprawl." SE Guy - Please don't paint us with such a wide brush. Most reasonable Zionsville residents welcome planned, measured development.

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