Marshall v. State Department of Human Services

HARRIS, Justice.

The trial court held that the law applicable in this case demands a harsh result. The remedy accorded to the State initially does seem excessive. To his considerable credit, the assistant attorney general, as appellate counsel, tendered a lesser remedy that we feel obliged to reject. We agree with the trial court that incorrect information on a public benefits application rendered all benefits subject to recoupment by the State.

The petitioner Tina Marshall received aid to dependent children (ADC) 1 benefits from the Iowa department of human services (the department) from July…