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MOORE v. BEIRNE

No. S-948.

714 P.2d 1284 (1986)

Odis MOORE, Glee Ohlsson, A.C.M., and Corkey Ewan on behalf of themselves and all others similarly situated, Appellants, v. Helen D. BEIRNE, in her capacity as Commissioner of the Department of Health and Social Services; Robert London Smith, in his capacity as Commissioner of Health and Social Services; and Rod Betit, in his capacity as Director of the Division of Public Assistance, Appellees.

Supreme Court of Alaska.

February 28, 1986.

Attorney(s) appearing for the Case

Carla A. Grosch and Joseph D. O'Connell, Alaska Legal Services, Anchorage, for appellants.

Dianne Olsen, Asst. Atty. Gen., Anchorage, Harold M. Brown, Atty. Gen., Juneau, for appellees.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS and COMPTON, JJ.

OPINION

MATTHEWS, Justice.

At issue is the state's administration of "interim assistance" provided to certain presumptively disabled persons. Under Alaska's Adult Public Assistance statutes, a minimum of $280 a month is to be paid to aged, blind, or disabled persons while their eligibility for federal Supplemental Security Income benefits "is being determined." AS 47.25.455(a); AS 47.25.615(2). The state has been terminating interim assistance upon an initial...

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