PUBLIC BENEFITS

Velazquez v. State of New York, 226 A.D. 141 (1st Dep't 1996)
MFY represented indigent non-custodial parents in a class action lawsuit on behalf of approximately 35,000 class members and obtained a declaratory judgment that New York State's $25 mandatory minimum child support orders are unconstitutional as a violation of the Supremacy Clause of the U.S. Constitution. The court held that the $25 minimum order should, instead, be a presumption that the indigent parent could rebut.

Goldberg v. Kelly, 397 U.S. 254 (1970)
MFY brought suit on behalf of welfare recipients whose benefits were summarily terminated without a hearing. In a 7-2 decision, the Court held that states must afford public aid recipients a pre-termination evidentiary hearing before discontinuing their aid. Noting that welfare benefits are statutory entitlements, rather than "privileges," the Court concluded that recipients' need for procedural due process and the severity of the harm they might suffer from discontinuation of their very means of existence prior to a hearing outweighed the government's interest in administrative efficiency. With respect to New York's newly implemented procedural review, the Court found it deficient because it did not permit recipients to present evidence, be heard orally in person or through counsel, or cross-examine adverse witnesses.

public benefits | housing | mental health | adult homes | workplace | home