Benally v. Heim

OPINION

WOOD, Chief Judge.

Benally received welfare assistance under two categories — Aid to the Disabled and Aid to Families with Dependent Children. After a hearing, PISS (Health and Social Services Department) terminated this assistance. Benally appeals. The reason shown for termination was that the value of a pick-up exceeded $1200.00. HSS regulations 221.832 and 231.832 place a maximum value of $1200.00 on the total personal property owned by a recipient. Value above this amount is considered to be available to meet the needs of the recipient if it is transferable.

The pick-up involved is a…