TAMESA M. WILLIS, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A recipient must reimburse the Department for overpaid AFDC and food stamp benefits, even if the overpayment resulted from the Department's error.
Tamesa M. Willis received overpayments of AFDC and food stamp benefits due to the Department of Children and Family Services' error. The Department or…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Recoupment Of Overpayments cases and more on FLexlaw
PER CURIAM.
Tamesa M. Willis appeals from a final administrative order requiring her to reimburse the Department of Children and Family Services [Department] for the overpayment of Aid for Dependent Children [AFDC] benefits and the overissuance of food stamp benefits. • We affirm.
In the instant case, Ms. Willis’ AFDC and food stamp benefits were overpaid as a result of the Department’s error. Ms. Willis argues that because the overpay-ments were as a result of the Department’s error, she should not be required to repay the amounts that were overpaid.
This issue has been directly addressed in Leims v. State, Department of Health & Rehabilitative Services, 659 So. 2d 1255 (Fla. 4th DCA 1995). In Lewis, as in the present ease, AFDC and food stamps benefits were overpaid as a result of the administrative agency’s error. The Lewis Court acknowledged that pursuant to the Florida Administrative Code and the Code of Federal Regulations, the agency , is required to recoup the overpayments, and that under the circumstances, the doctrine of equitable estoppel was not applicable. Lewis, 659 So. 2d at 1256; see also, Story v. State, Dep’t of Health & Rehabilitative Servs., Dist. 10, 666 So. 2d 989 (Fla. 4th DCA 1996). As in Lewis, we find that the Department, regardless of its error, correctly found that Ms. Willis must reimburse the Department for the overissuance and overpayment of the benefits.
Although we must affirm the Department’s final order, we acknowledge that as a result of the Department’s error of which Ms. Willis had no notice, she will now have to repay the Department at a time when she is struggling to provide for her family. We sympathize with Ms. Willis and believe that her frustration with the situation created by the Department is well founded.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Payne v. FLA. Dept OF Child. & Fam. Servs., 875 So. 2d 763 (Fla. 3d DCA 2004)…he child. This made her ineligible for benefits. Pursuant to the Florida Statutes, Florida Administrative Code and the Code of Federal Regulations, the Agency is required to recoup these over-payments. See Willis v. Dept. of Children & Family Serv., 735 So. 2d 585 (Fla. 3d DCA 1999); see also Lewis v. State, Dept. of Health & Rehabilitative Servs., 659 So. 2d 1255 (Fla. 4th DCA 1995). As in Willis, we find that Ms. Payne must reimburse the Department for the erroneous payment of benefits. Although we must a…
-
Pinelli v. Dep't of Child. & Families, 878 So. 2d 491 (Fla. 1st DCA 2004)…recover the overpayment.” § 414.41(1), Fla. Stat. (2002). Thus, even if the food stamp benefits were overpaid due to the Department’s error, the Department is required to recoup the overpayments. Willis v. Department of Children and Family Services, 735 So. 2d 585 (Fla. 3d DCA 1999); Lewis v. State of Florida, Department of Health and Rehabilitative Services, 659 So. 2d 1255 (Fla. 4th DCA 1995). AFFIRMED. BARFIELD, VAN NORTWICK and PADOVANO, JJ., concur.…
-
Samira Nekhaila v. Fla. Dep't of Child. & Families, 971 So. 2d 927 (Fla. 3d DCA 2007)…r overpayment is the result of an error on the part of the Department or the recipient. See § 414.41, Fla. Stat. (2005); Payne v. Fla. Dep’t of Children & Family Servs., 875 So. 2d 763 (Fla. 3d DCA 2004); Willis v. Dep’t of Children & Family Servs., 735 So. 2d 585 (Fla. 3d DCA 1999). While we sympathize with the appellant’s situation, [*928] the statute requires repayment even though a significant portion of the error was attributable to the Department. The Department has indicated that it has a payment pla…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lewis v. State, 659 So. 2d 1255 (Fla. 4th DCA 1995)
- Story v. State, 666 So. 2d 989 (Fla. 4th DCA 1996)