Johnson V. DPW, Suffolk Sup., Special Master's Report

Johnson v. DPW, Suffolk Sup. #82238 (8/15/91), Advocate: Lynn Girton, GBLS.

• Stipulation for settlement of class action challenging certain policies of the Dept. with respect to food stamp recipients who are not fluent in English. Key elements of the stipulation: DPW will not pursue administrative disqualification from FS program against anyone who has not been provided, at time of application or recertificatoin before the alleged IPV arose, with a penalty warning notice in a language in which an adult household member is fluent; DPW will send Quern notices to everyone disqualified because of alleged IPV who is coded Asian or Hispanic, and will unilaterally restore benefits and expunge disqualification if its own records show that the penalty warning notice was not provided in the proper language; DPW will notify applicants and recipients of the right to an interpreter at any administrative haring involving food stamps; DPW will change its regulations, manuals, and notices to conform to these requirements and will notify class counsel of future changes; and will pay plaintiff's attorney fees.
• Special Master recommends approval of settlement stipulation in this class action challenging how DPW handles food stamp cases of non-English speakers. Claims involved right to penalty warning in native language and right to interpreters at hearings.
• Boilerplate Stipulation of Dismissal.