Legal Opinion

Burns v. Department of Social & Health Services

Court of Appeals of Washington

Decided July 3, 1978No. 5316-1PublishedCited by 4 opinions

1Opinion of the CourtCallow, J.

Quaere: Is the recoupment authorized by RCW 74.04.300 and WAC 388-44-035(1) (a) of an extra 25 percent of funds fraudulently received under the Aid to Families with Dependent Children program invalid under the Supremacy Clause as contrary to the Social Security Act? We hold such recoupment is valid.

Between March 1970 and July 1971, Jacqueline T. Burns applied under four different names for public assistance in the form of AFDC (Aid to Families with Dependent Children) and food stamps on behalf of herself and her dependents. Following her conviction on criminal charges, she was assessed…

2Cases cited15 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. King v. SmithSupreme Court of the United States · 1968
  3. Zemel v. RuskSupreme Court of the United States · 1965
  4. Townsend v. SwankSupreme Court of the United States · 1971
  5. Burns v. AlcalaSupreme Court of the United States · 1975

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3Cited by4 opinions

  1. Berry v. BurdmanWashington Supreme Court · 1980
  2. Bazan v. DEP'T OF SOCIAL & HEALTH SERVS.Court of Appeals of Washington · 1980
  3. Bazan v. Department of Social & Health ServicesCourt of Appeals of Washington · 1980
  4. State v. FarmerWashington Supreme Court · 1983

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