Benson v. Adult & Family Services Division

Petitioners appeal an order of Adult and Family Service Division (AFSD), which terminated an Aid to Dependent Children (ADC) grant of $539 per month and medical assistance benefits for petitioners and their 16-year-old son. The grant was based on the incapacity of the father. One of petitioners’ assignments of error is that AFSD’s hearings officer improperly considered facts not in the record. We agree and reverse and remand for reconsideration.

The father, age 38, was injured at work in 1971 and has not worked steadily since then. Petitioners have received ADC benefits since 1971. On July…