State settles lawsuit over food stamp applications

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PROVIDENCE—The state of Rhode Island has agreed to settle a lawsuit accusing it of failing to process hundreds of food stamp applications on time.

The Rhode Island branch of the American Civil Liberties Union filed the suit, alleging that state workers often miss federally mandated deadlines for handling the applications and the delays caused needy residents to go hungry.

In a proposed settlement submitted for a federal judge’s approval Monday, the state committed to meeting the deadlines and said it already has taken steps to do so by hiring more workers, improving technology, approving overtime and streamlining the application process.

The settlement makes it easier for food stamp applicants whose paperwork is not processed on time to notify the state and have the problem fixed.

It also calls for the state to submit monthly reports of how many applications it receives, how long it takes to process them and how many people have been screened for and received expedited service. That will allow the lawyers who brought the lawsuit to track the state’s compliance in meeting the deadlines.

“It’s like a report card in many respects. The state can see how it’s doing and we can see how it’s doing,“ said Lynette Labinger, the lawyer handling the case for the ACLU.

The state did not admit any fault or wrongdoing under the 11-page proposed settlement.

“We’re not committing to much more than what we’re required to do by state and federal law,“ said Special Assistant Attorney General Darryl Paquette.

Federal law requires states to process food stamp applications within 30 days and provide food stamps within 7 days to households found to need emergency help. The ACLU said the Department of Human Services missed the deadline for nearly one-fifth of applications filed between April 2008 and September 2008.

“It’s not a question of whether it’s intentional or not intentional, but rather, is it being done or not being done,“ Labinger said.

Paquette said the state has already taken steps to clear a backlog of applications, noting that staffers reported to work on three consecutive weekends over the summer to help process documents.

The lawsuit was filed in July in U.S. District Court in Rhode Island and encompasses all state residents who have applied for food stamps over the last three years. Federal data cited in the lawsuit show 99,122 people in Rhode Island were participating in the food stamp program as of last March.

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