Legal Opinion · Dissent

Zeien v. Palmer

Court of Appeals for the Eighth Circuit

Decided January 23, 1992No. 90-2744Published

1DissentLay, Chief Judge

I respectfully dissent. At issue is the Department of Health and Human Services’ (HHS) policy which leaves poor families without any source of assistance when they are disqualified from further AFDC based on receipt of one month’s child support.1 Upon receipt Iowa presumes that payments will continue. This is true even if nonpayment intervenes between the initial collection and the month of cancellation. Thus, IDHS cancels benefits without any sort of estimate or projection that child support payments will continue. As a result of this presumption, a family may be without any means or…

2Cases cited12 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. King v. SmithSupreme Court of the United States · 1968
  3. Bowen v. GilliardSupreme Court of the United States · 1987
  4. Shea v. VialpandoSupreme Court of the United States · 1974
  5. Heckler v. TurnerSupreme Court of the United States · 1985

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