Author: Catherine M. Callery (Kate)| Louise M. Tarantino

As we reported in the May 2009 Disability Law News, any SSI recipient who received food stamps while residing in a group home between January 2005 and September 2008 may be eligible for retroactive food stamps as a result of the decision in Graves v. Doar. On May 19, 2009, the Appellate Division, Second Department, issued a decision certifying the class in Graves v. Doar. 2009 NY Slip Op 04060 [62 AD3d 874].

Although this decision means that individuals will no longer have to intervene into the Graves litigation to be awarded retroactive food stamps, OTDA has filed a notice of appeal from this decision and a motion to reargue the earlier Court decision.  So, it is important to identify potential class members in the hopes that they will get their benefits once the litigation is finished.  In the meantime, please feel free to contact class counsel Peter Vollmer [(516) 277-1156] and John Castellano [(631) 581-7100; ] with any questions.