LINDA PAYNE, APPELLANT,
v.
FLA. DEPT OF CHILDREN & FAMILY SERVICES, ETC., APPELLEE
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The court held that the appellant must reimburse the Department for overpaid benefits, despite the Department's error.
The Department of Children & Families erroneously paid $1,080 in AFDC benefits to Linda Payne, who was ineligible because she was not blood-related to…
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PER CURIAM.
Linda Payne appeals from a final administrative order requiring her to reimburse the Department of Children & Families (Department) for the overpayment of aid for dependent children (AFDC) benefits. We affirm.
In the instant case, Payne received cash assistance benefits from the Florida Department of Children & Families in the sum of $1,080 as a result of Department error. Payne had cared for the child in question since birth, but was not blood related to the 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 affirm the Department’s final order, we acknowledge that the Department has caused the error, and that Ms. Payne will now have to repay the Department at a time when she is struggling to provide for the minor child for whom she is serving as a legal guardian. As we did in Willis, we pause to sympathize with Ms. Payne and believe that her frustration with the situation created by the Department is well founded.
Affirmed.
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S.D.F. v. State, 911 So. 2d 887 (Fla. 3d DCA 2005)…ls from these written orders. Based on the State’s proper confession of error, we reverse and remand to the trial court to correct its written adjudicate- [*888] ry and probation orders to conform with its oral pronouncements. See S.S.M. v. State, 875 So. 2d 763, 763 (Fla. 3d DCA 2004)(holding that “a written probation order must conform with the trial court’s oral pronouncements at sentencing”); Creme v. State, 752 So. 2d 1238, 1239 (Fla. 3d DCA 2000)(reversing and remanding to trial court to correct sente…
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Authorities Cited
- Lewis v. State, 659 So. 2d 1255 (Fla. 4th DCA 1995)
- Tamesa M. Willis v. Dep't of Child. & Fam. Servs., 735 So. 2d 585 (Fla. 3d DCA 1999)