Legal Opinion

Cudal v. Sunn

Hawaii Supreme Court

Decided September 8, 1987No. 11818PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT BY

NAKAMURA, J.

Is the Department of Social Services and Housing (DSSH or the department) of the State of Hawaii barred from recovering sums overpaid to recipients of benefits under the Aid to Families with Dependent Children (AFDC) and the Food Stamp programs by its failure to act promptly in attempting to recoup overpayments as required by the relevant federal regulations? The Circuit Court of *337the First Circuit held the pertinent regulation prevented a recovery of AFDC overpayments and “[t]he failure of the Department to take [prompt] action .. . constitute^] affirmative…

2Cases cited8 opinions

  1. Rosado v. WymanSupreme Court of the United States · 1970
  2. United States Department of Agriculture v. MorenoSupreme Court of the United States · 1973
  3. Helvering v. DavisSupreme Court of the United States · 1937
  4. Shea v. VialpandoSupreme Court of the United States · 1974
  5. Anderson v. Commissioner of the Department of Human ServicesSupreme Judicial Court of Maine · 1985

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3Cited by15 opinions

  1. Cook v. Mardi Gras Casino Corp.Mississippi Supreme Court · 1997
  2. Child Support Enforcement Agency v. RoeHawaii Supreme Court · 2001
  3. Obert v. Colorado Department of Social ServicesSupreme Court of Colorado · 1989
  4. Malahoff v. SaitoHawaii Supreme Court · 2006
  5. Prince v. Division of Family ServicesMissouri Court of Appeals · 1994

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