Tofte v. Department of Social & Health Services

In this appeal we are asked to decide whether attorney fees, authorized by statute in successful appeals from “welfare fair hearing” decisions, are to be awarded to publicly funded legal services organizations. We conclude that they are.

Appellant, Mrs. Tofte, is a recipient of State old-age assistance. Following the death of her husband, a disagreement arose between appellant and the respondent, Department of Social and Health Services, concerning her expenditures for his funeral. The dispute arose because of a misdirected interoffice memorandum and resulted in a termination of appellant’s…