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GUARDIANSHIP ESTATE OF KEFFELER v. DSHS

No. 67680-1.

32 P.3d 267 (2001)

GUARDIANSHIP ESTATE OF Danny KEFFELER, by Wanda Pierce, Guardian, and other persons similarly situated, Respondents, v. STATE of Washington DEPARTMENT OF SOCIAL AND HEALTH SERVICES; Lyle Quasim, Director of the Department of Social and Health Services; and Michael R. Hobbs, Program Manager for the Department of Social and Health Services, Appellants.

Supreme Court of Washington, En Banc.

Decided October 11, 2001.

Attorney(s) appearing for the Case

Eugene Amandus Studer, Tacoma, Deborah Ruth Kant, United States Attorney, William Kanter, Department of Justice, Colette G. Matzzie, United States Department of Justice, Washington, Amicus Curiae on Behalf of Commissioner of the United States.

Christine Gregoire, Attorney General, Debra Ellen Casparian, Assistant Attorney General, Lawrence Scott Lockwood, Assistant Attorney General, William Gerggren Collins, Assistant Attorney General, for Appellant.

Mansfield, Reinbold & Gardner, Rodney Reinbold, Okanogan, Richard B. Price, Omak, for Respondent.

SANDERS, J.

The plaintiff class asks us to hold the Washington State Department of Social and Health Services (DSHS) violated that provision of the Social Security Act (the Act), 42 U.S.C. § 407(a) which forbids creditor access to Social Security benefits. Here DSHS acts as a representative payee under 42 U.S.C. § 405(j) for foster children and then applies the Social Security benefits to reimburse the state budget for payments made to foster parents for...

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