State of Hawaiʻi sued for food stamp delays

Federal class action lawsuit filed to require the state to provide food stamps within 30 days as required by federal law.

HONOLULU, Hawaiʻi — A class of low-income Hawaiʻi residents filed a federal lawsuit against the Hawaiʻi Department of Human Services (DHS) today. The lawsuit seeks to correct the department’s ongoing and persistent failure to process applications for Supplemental Nutrition Assistance Program (SNAP) benefits for Hawaiʻi families in a timely manner. This failure to appropriately process applications means that thousands of households are unable to access desperately-needed food assistance for their families and suffer hunger as a result.

SNAP benefits—also known as food stamps—are intended to alleviate hunger and malnutrition in low-income households by providing fully federally-funded benefits to help them purchase food. Participating states are required to comply with federal SNAP requirements, created by the U.S. Department of Agriculture, which administers the program at the federal level. Under those requirements, DHS must process and provide SNAP benefits within 30 days of the filing of applications by eligible applicants.

The plaintiffs are being represented by Lawyers for Equal Justice (LEJ), a Hawaiʻi nonprofit law firm, as well as the National Center of Law and Economic Justice, a nonprofit law firm based in New York City and the Hawaiʻi law firm of Alston Hunt Floyd & Ing.

“Over the past several months, the delay in properly processing food stamp applications has been the subject of legislative hearings and media attention. Nevertheless, the department’s performance has continued to deteriorate,” said Victor Geminiani, the Executive Director of LEJ. “It is time for the department to make the improvements necessary to effectively operate this critical program.”

The lawsuit comes amid the economic downturn at a time when more residents of Hawaiʻi are seeking assistance, especially SNAP. As of May, 2010, there were 139,816 people on food stamps throughout the state which represents an 18 percent increase in participation over the previous year. At the same time, according to the department, as of last May only 79.8 percent of food stamp applicants statewide had been processed in a timely manner. That is down from 87 percent in July, 2009. The increase in untimely dispositions is particularly pronounced on the islands of Oʻahu, parts of Hawaiʻi and Maui. From October 2009–February 2010, untimely processing of all SNAP application increased from 10.42 percent to 15 percent on Oʻahu; 47.28 percent to 52.8 percent on Maui; and 20.39 percent to 38.4 percent in Kona, Hawaiʻi Island.

Plaintiffs include all Hawaiʻi residents who applied for SNAP benefits that have filed applications in Hawaiʻi since August 8, 2008, and have not had their applications processed within 30 days. The lawsuit requests that the federal court require the state to develop and implement a corrective action plan that will ensure that all SNAP applications are processed and SNAP benefits provided to all eligible individuals within the 30 day time frame required by federal law.

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Lawyers for Equal Justice (LEJ) is a legal aid organization that was created in 2001 to complement existing legal service providers that assist financially disadvantaged people. LEJ engages in legal advocacy, including the bringing of class actions, to assist low income individuals and communities in the enforcement of their rights and the obtaining of benefits under the law or governmental policies and regulations.

The National Center of Law and Economic Justice (NCLEJ) works with low-income families, individuals, communities, and a wide range of organizations to advance the cause of economic justice through ground-breaking, successful litigation, policy work, and support of grassroots organizing around the country. NCLEJ has provided legal representation, support, and advice to people living in poverty and their advocates since 1965.

Alston Hunt Floyd & Ing, one of Hawaiʻi’s largest law firms, represents clients in resolving disputes in federal and state court and other dispute resolution forums.