Waters-Haskins v. New Mexico Human Services Department

OPINION

ALARID, Judge.

{1} We granted certiorari to review a judgment of the district court upholding an administrative decision of the Human Services Department (Department) establishing a claim for overpayment of food stamp benefits and rejecting the food stamp recipient’s defense that the Department should be equitably estopped from recovering the overpayment because the overpayment resulted solely from administrative error and without fault on the part of the food stamp recipient. We reverse on the ground that it is premature to address equitable defenses because the Department has not yet…