Legal Services NYC Files Constitutional Challenge for Mother and Infant Denied WIC Benefits in Violation of Federal Due Process Rights

December 21, 2015, NEW YORK—Legal Services NYC’s Queens program has filed a federal lawsuit against the New York State Department of Health on behalf of a single mother and her infant child, both participants in the federal Women, Infant and Children Program (WIC), whose WIC benefits were terminated without any notice or opportunity to challenge the decision. (Photo: USDAgov/Flickr)

The lawsuit claims that DOH has failed to comply with clear state and federal regulations by not providing WIC participants with notice of adverse actions and/or an opportunity for a hearing prior to terminating benefits. WIC is one of the central components of the nation’s food and nutrition assistance system. Almost half of all infants and about one-quarter of all children one to four years of age in the United States now participate in the program, which provides essential food, healthcare referrals and nutrition education. In New York, the WIC Program is administered by the Department of Health (DOH) in conjunction with a private contractor—in this case, Public Health Solutions (also a named defendant in the lawsuit).

LSNYC’s complaint demonstrates the terrible impact of DOH’s failure to provide these constitutionally-mandated protections. Ms. H began receiving WIC benefits while pregnant with her child, A.P. Ms. H received no notice or hearing prior to learning that her benefits had been terminated due to an alleged investigation. She received no notice about her own WIC participation explaining her right to request a prehearing conference or a hearing or the right to have continued benefits. She also never received any notice about her infant A.P.’s participation in the program and rights to continue, to recertify, or to assert any appeal rights. Without her WIC benefits, Ms. H and her newborn have been deprived of supplemental food, referrals and support necessary for a mother caring for an infant child.

“Because of DOH’s and PHS’s patent disregard for due process for WIC recipients, and their unbridled and unfettered discretion in implementing the federal regulations, Ms. H and her infant child have been deprived of critical protections guaranteed by the 14th Amendment,” said Legal Services NYC’s Queens program (QLS) Staff Attorney Amy Leipziger. “Ms. H and her child have every right to WIC benefits that provide food and nutrition assistance, and QLS will continue to advocate for them for the restoration of those benefits.”

“The right to be notified when essential benefits are being terminated is a long-established constitutional protection,” said Ann Biddle, QLS Deputy Director. “Both federal and New York courts have upheld this right in cases starting with 1970’s Goldberg v. Kelly, and we expect to achieve the same result here.”

“WIC is a critical benefit for poor children in New York City,” said Legal Services NYC Director of Government Benefits Tanya Wong. “There must be a fair way to challenge decisions when benefits are illegally denied or stopped.”

The suit was filed in U.S. District Court, Eastern District of New York. Among other requests for relief, plaintiffs are seeking orders requiring DOH to implement procedures to provide appropriate notices, prehearing conferences, and impartial hearings, and to train all employees and partner agencies on the new procedures.

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Contact: Kate Whalen, 646-442-3654, kwhalen (at) legalservicesnyc.org