BUENING v. DHSS

No. 94-0891.

205 Wis.2d 32 (1996)

556 N.W.2d 116

Tracy A. BUENING, Petitioner-Respondent, v. WISCONSIN DEPARTMENT OF HEALTH & SOCIAL SERVICES, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided September 30, 1996.


Attorney(s) appearing for the Case

For the respondent-appellant the cause was submitted on the brief of James E. Doyle, attorney general, with Donald P. Johns, assistant attorney general.

For the petitioner-respondent the cause was submitted on the brief of Jack Longert of Legal Action of Wisconsin, Inc. of Madison.

Before Eich, C.J., Paul C. Gartzke and Robert D. Sundby, Reserve Judges.


SUNDBY, RESERVE JUDGE.

This appeal presents the question: Does a child meeting all other eligibility requirements qualify for Aid for Families with Dependent Children (AFDC) when her parent becomes unemployed but is paid unemployment compensation exceeding the state's level of assistance?1 We reject the argument of the Wisconsin Department of Health and Social Services ("department") that a child...

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