Roseann BARNES, on behalf of herself and all others similarly situated, Nancy Betson, Annabelle Woodard, and Cynthia Williams
v.
Walter COHEN, individually and in his capacity as Secretary of the Pennsylvania Department of Public Welfare; Don Jose Stovall, individually and in his capacity as Executive Director of the Philadelphia County Board of Assistance; and Margaret M. Heckler, individually and in her capacity as Secretary of the United States Department of Health and Human Services.
Appeal of Nancy BETSON, Annabelle Woodard, and Cynthia Williams.
Essie Mae HARRIS, and T.E., individually and on behalf of all others similarly situated,
v.
Audrey HARRIS, individually and in her capacity as Acting Director of the Division of Public Welfare, New Jersey Department of Human Services; George J. Albanese, individually and in his capacity as Commissioner of New Jersey Department of Human Services; and Margaret M. Heckler, as Secretary of the United States Department of Health and Human Services, Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued September 10, 1984.
Decided November 23, 1984.
Attorney(s) appearing for the Case
Deborah Harris (Argued), David A. Super, Community Legal Services, Inc., Philadelphia, Pa., for appellants in No. 84-1043.
Stephen M. Latimer (Argued), Legal Services of New Jersey, New Brunswick, N.J., Aldred Donnarumma, Union County Legal Services, Elizabeth, N.J., Richard Semel, Bergen County Legal Services, Hackensack, N.J., for appellees in Nos. 84-5063 and 84-5064.
Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Edward Dennis, Jr., U.S. Atty. for the Eastern Dist. of Pa., Philadelphia, Pa., W. Hunt Dumont, U.S. Atty. for the Dist. of N.J., Newark, N.J., Robert S. Greenspan, Atty., Marleigh D. Dover, Atty., Deborah Kant, Atty. (Argued), Dept. of Justice, Civil Div., Washington, D.C., for Margaret Heckler.
Leroy S. Zimmerman, Atty. Gen., John O.J. Shellenberger (Argued), Allen C. Warshaw, Deputy Atty. Gen., Philadelphia, Pa., for appellees in No. 84-1043.
Irwin I. Kimmelman, Atty. Gen. of N.J., Trenton, N.J., for appellants in Nos. 84-5063 and 84-5064.
James J. Ciancia, Asst. Atty. Gen., Trenton, N.J., of counsel.
Dorothy A. Donnelly, Deputy Atty. Gen., Trenton, N.J., on brief.
Before SEITZ, BECKER, and ROSENN, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
ROSENN, Circuit Judge.
In 1981, Congress, as part of the Omnibus Budget Reconciliation Act (OBRA), Pub.L. No. 97-35, 95 Stat. 357 (1981), revised the Aid to Families with Dependent Children (AFDC) program by providing that "specified" AFDC beneficiaries who receive lump-sum income in excess of their monthly standard of need are ineligible for program assistance for a specific period of time regardless of whether the lump sum is still...
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