Lentz v. McMahon

Opinion

LUCAS, C. J.

We consider whether, in an administrative hearing in which the government seeks recoupment from a welfare recipient for over-payments, the recipient may assert equitable estoppel as a defense. We conclude a recipient may do so in appropriate circumstances.

I. Facts and Governing Statutory Law

The State Department of Social Services (DSS) supervises administration by county welfare departments of various public assistance programs, including aid to families with dependent children (AFDC). If a recipient of such public assistance is dissatisfied with a decision by a county…