Petrin v. Carlson

PER PAOLI v. ANDERSON THE LUMP SUM RULE HAS BEEN ELIMINATED. A PERIOD OF INELIGIBILITY (POI) IS NO LONGER ESTABLISHED. Refer to Paoli v. Anderson.

Issue

The decision in the Petrin v. Carlson court case added two more reasons why a client who was in a lump sum period of ineligibility (POI) could have that POI shortened.

Dates

This became effective November 1, 1993 for current cases.

The retroactive portion is implemented starting November 1, 1993.

The claim period is from November 1, 1993 through January 31, 1994.
The retroactive period for any possible back benefit is from May 31, 1989 through October 31, 1993.

Informing

A poster "Petrin v. Carlson - Welfare May Owe You Money" (TEMP 2051) is to be displayed in the district offices and in the CET offices from November 1, 1993 through January 31, 1994. There will not be any case specific notification in this county, as we are unable to locate any potentially affected cases through existing computer records.

Required Action

The CROP Unit will process all retroactive Petrin requests. The district office EWs and/or clerical staff are responsible for:

Providing the client with the Petrin v. Carlson Claim Form (TEMP 2049), if the client so requests.
Sending the case to the CROP Unit, if requested.
Following any instructions provided by the CROP EW to complete the application process.

CROP Unit

When the CROP Unit requests the current volume to process a potential Petrin application, the case-carrying EW must insure that the case is sent to the CROP EW immediately. Do not delay for RVs, transfers or other case requests. Strict court mandated timelines must be met to avoid financial sanctions.