McKee v. Department of Social Services

The question presented is whether the Department of Social Services, charged with implementing and administering the Aid to Families With Dependent Children program may, consistently with federal and state law, deem an interest in real property held by an applicant or recipient to be "available” for support and maintenance, and hence countable in computing dollar-amount resource limits governing eligibility for benefits, whenever there is no legal impediment to the sale of the interest, although the applicant or recipient, despite good-faith efforts, has not been able to convert the interest…