PROVIDENCE – A U.S. District Court judge issued a temporary restraining order against the R.I. Department of Human Services, ordering the government agency to temporarily stop issuing deficient notices demanding recipients in the federal Supplemental Nutrition Assistance Program to reimburse the state for overpayments of food assistance.
U.S. District Court Judge John J. McConnell Jr. granted the order Monday in response to the recently filed lawsuit by the American Civil Liberties Union of Rhode Island against the state. The suit alleges that Woonsocket resident Carmen Correia received a notice from DHS demanding repayment of $1,925 the state agency said was overpaid to Correia more than four years ago without including a reason for the claim – a SNAP requirement.
The state could subtract the amount by up to 10% increments from Correia’s monthly food assistance if she did not repay the money, according to Correia’s attorney, Ellen Saideman.
In a notice Monday from the ACLU, McConnell verbally found that the notices “likely violated” SNAP regulations and “the due process rights of the recipients.” McConnell’s order also notes that Correia and other such SNAP recipients would “suffer irreparable harm” from the use of the overissuance notices “that does not contain a reason for overissuance” in order to obtain repayment of such benefits.
The ACLU said the order, which runs through Jan. 14, temporarily bars the state from issuing more demand letters due to agency or household errors, and further stops DHS from processing reductions of any SNAP benefits for individuals who received the letters.
The order also temporarily ceases any pending administrative appeals filed by recipients contesting the overpayment determinations, the ACLU said, and DHS must notify in the next month all households that received the demand letter the terms of the restraining order.
A hearing on a preliminary injunction against the agency’s practice will be held Jan. 14.
James Bessette is the PBN special projects editor, and also covers the nonprofit and education sectors. You may reach him at Bessette@PBN.com.
