Legal Opinion

Burton v. Department of Health & Social Services of State

Court of Appeals of Wisconsin

Decided July 28, 1981No. 80-815PublishedCited by 3 opinions

1Opinion of the CourtGartzke, P.J.

The Department of Health and Social Services has appealed from the judgment of the circuit court. The judgment reversed the department’s de- cisión that it lacked jurisdiction to review respondent’s claim for AFDC benefits retroactive to the date benefits were improperly withheld from her. We affirm.

The facts are undisputed. Respondent Patricia Burton has received AFDC benefits since 1968. Robert, one of her eight children, has received monthly social security benefits resulting from his father’s death since May 1968. Robert’s benefits have been deducted from Burton’s AFDC payments because…

2Cases cited17 opinions

  1. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  2. King v. SmithSupreme Court of the United States · 1968
  3. Occidental Life Insurance v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1977
  4. Shea v. VialpandoSupreme Court of the United States · 1974
  5. Carleson v. RemillardSupreme Court of the United States · 1972

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3Cited by3 opinions

  1. Obert v. Colorado Department of Social ServicesSupreme Court of Colorado · 1989
  2. Prince v. Division of Family ServicesMissouri Court of Appeals · 1994
  3. Horta v. Department of Children & FamiliesDistrict Court of Appeal of Florida · 2005

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