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FRAKES v. AFSD

R2-2501-AN3532-7; CA A38678.

746 P.2d 233 (1987)

88 Or.App. 506

Teresa Thi FRAKES, Petitioner, v. ADULT AND FAMILY SERVICES DIVISION OF THE STATE OF OREGON AND KEITH PUTMAN, Administrator, Respondents.

Court of Appeals of Oregon.

Decided December 9, 1987.

Reconsideration Denied January 29, 1988.

Review Denied February 17, 1988.

Attorney(s) appearing for the Case

Marcia Ohlemiller, Legal Aid Service, Portland, argued the cause for petitioner. With her on the briefs was Michael H. Marcus, Legal Aid Service, Portland.

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for respondents. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Linda DeVries Grimms, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Petitioner seeks review of a determination by the Adult and Family Services Division (AFSD) that she is liable for repayment of Aid to Dependent Children (ADC) of $10,147.70 for which she was ineligible. Petitioner does not dispute that she received unearned benefits. She argues, however, that the judgment against her should be offset by the amount of assistance she could have received under another ADC program for which she was eligible...

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