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King v. McMahon
Issue
The lawsuit was brought to force the State to comply with the federal AFDC 90-day rule for rendering State hearing decisions.
Date
The effective date was August 1, 1983.
Retroactivity
Penalty payments will be issued to clients who are issued a late decision after December 1, 1989.
Duration
Indefinitely
Application of the Court Order
- The State is required to pay $100 for each month or portion of a month that the fair hearing decision exceeds the 90-day limit.
- The State will make payments directly to the clients.
- The clients will receive a notice of the payment from the State instructing them to report the payments on their CA 7 as “King” payments.
- The “King” payments are TOTALLY EXEMPT AS INCOME OR RESOURCE IN AFDC.
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