PROVIDENCE – The American Civil Liberties Union of Rhode Island has filed a federal lawsuit that seeks to prevent the state from issuing demand notices for over payments of food assistance without adequate documentation.
It is the third lawsuit filed by the organization in the past three years that relates the state of Rhode Island’s troubled computer system that administers state aid, including through the federal Supplemental Nutrition Assistance Program.
The ACLU, through cooperating attorneys Ellen Saideman and Lynette Labinger, represents Woonsocket resident Carmen Correa, who receives SNAP benefits for herself and her 13-year-old niece.
According to the ACLU, Correa recently received a notice from the state’s Department of Human Services, demanding she repay $1,925 in benefits that the state agency said was overpaid to her more than four years ago.
If she does not repay the money promptly, the state can subtract that amount in up to 10 percent increments from her monthly food assistance, Saideman said, in a telephone interview.
The only explanation the state provided to Correa was the over payment was the result of an “agency error.” This fails to give Correa a basis for which to contest the overage, Saideman said. Under federal rules for the SNAP program, over payment notices are required to include the reason for the claim and an explanation of how the amount was calculated, she said.
Between 76 and 400 Rhode Islanders could be affected by the state’s move to collect past over payments.
The ACLU is seeking a temporary restraining order that would prevent the state from issuing the demand letters without adequate written notices, and from taking action against Correa and others affected.
A hearing is scheduled for Wednesday.
Mary MacDonald is a staff writer for the PBN. Contact her at macdonald@pbn.com.
