ACLU Files Lawsuit Alleging Indiana Cut Aid to Food Stamp Users

The American Civil Liberties Union (ACLU) filed a lawsuit against the Indiana Family and Social Services Administration (IFSSA) on July 9, 2010 alleging that the IFSSA improperly cut benefits to individuals who received food stamps.

According to the ACLU summary, Dick v. Indiana Family and Social Services Administration challenges "the manner in which grocery allowances are computed for individuals enrolled in Indiana's Developmental Disabilities Medicaid Waiver Program."  Seriously disabled persons "are permitted a small grocery allowance each month" but for those persons who are also enrolled in the Food Stamp program, "the amount of the grocery allowance is reduced dollar-for-dollar by the amount of any Food Stamp allotments."  The plaintiff alleges that this practice violates federal law and state administrative law.

Federal law has "barred states from counting food stamps as income or using them to reduce any other public benefits" since 1964, as reported by the Associated Press.  The Department of Agriculture and Medicaid officials are reviewing the issue.

Indiana has been criticized by the federal government for its conduct involving food stamps in the past.  Last month, Indiana's social service agency was fined $1.2 million for miscalculating food stamps.  The Department of Agriculture also criticized the state recently for not processing food stamps in a timely manner.

The lawsuit filed by the ACLU is seeking class-action status for people enrolled in Indiana's Developmental Disabilities Medicaid Waiver Program.

To read the ACLU summary of the case, click here.
To read the Associated Press story, click here.

Posted: 07/21/2010