Food Stamp Class Certified in Class Action Against Georgia

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A Georgia federal judge certified a class of residents in Georgia, alleging that there was an unlawful delay in their food stamp applications.

U.S. District Judge William Duffey Jr. certified the class of food stamp recipients for settlement purposes on March 2, which is for “all Georgia residents who, since Jan. 1, 2013, have applied, are applying, or will apply for Food Stamps through a completed initial or renewal application and whose applications or renewals have not been or will not be timely processed in accordance with the requirements of the Food Stamp Act and its implementing regulations.”

The food stamp class action lawsuit was filed against the Georgia Department of Human Services in 2014 by four Georgia residents, who alleged that the commissioner for the Georgia Department of Human Services did not process food stamp applications in the time frame dictated by federal law. The federal food stamp program is also knowns as the Supplemental Nutrition Assistance Program, or SNAP.

The Georgia class members claim that because of the failure by the Georgia DHS that applicants were “unlawfully denied . . . the opportunity to comply with application procedures resulting in denial of their applications,” and that their the processing of their applications were “unlawfully delayed,” which resulted “in eligibility decisions being made after federally required time limits.”

In addition, the food stamp class action lawsuit claims that Georgia DHS failed to provide “adequate notice of the specific reason for the denial” in the notices sent out denying applications or failing to renew benefits.

The plaintiffs in the SNAP class action lawsuit filed their motion for class certification in March 2014, asking for certification of a class of Georgia residents who applied, are applying or will apply for food stamps since January 2013.

The plaintiffs are seeking injunctive and declaratory relief against the Georgia DHS as stated in the class action settlement, which the Georgia federal judge says “is injunctive in nature and requires defendant’s compliance with the timely processing requirements of the Food Stamp Act.”

Judge Duffey said in his ruling that the proposed settlement class includes about two million Class Members and the class action lawsuit entails questions that are “common to the entire class.” In addition, he also said that the allegations in the food stamp class action lawsuit are typical of the entire class.

“Plaintiffs also share a common interest with the Settlement Class, that is, enjoining defendant’s policies and practices that result in untimely processing and improper denial of applications, and inadequate notice of denials,” the federal judge explains. Therefore, “the interests of the Settlement Class” have been “fairly and adequately protected.”

Judge Duffey also approved the proposed class counsel to represent the Class Members in the course of the food stamp class action lawsuit.

The Food Stamp Act became law in 1964 under former President Lyndon B. Johnson, which provides benefits for needy Americans in the form of coupons that can be used to purchase food and participating grocery stores. Modern food stamps are distributed in the form of a debit card that is refilled on a monthly basis.

While the benefits are funded by the federal government. The program and application process is funded and managed by the states.

The class is represented by David Webster, Marc Cohan, Mary R. Mannix and Petra T. Tasheff of the National Center for Law and Economic Justice, and by Mark E. Grantham of DLA Piper.

Attorneys for the defendant were not listed in this ruling.

The Food Stamp Class Action Lawsuit is Melanie K. et al. v. Keith Horton, Case No. 1:14-cv-710-WSD filed in the U.S. District Court for the Northern District of Georgia, Atlanta Division.