LOCATION: Bureau of Indian Affairs
DOCKET NO.: 72-1513
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the Tenth Circuit
CITATION: 416 US 251 (1974)
ARGUED: Feb 26, 1974
DECIDED: Apr 23, 1974
Charles B. Lennahan - for petitioners
Douglas D. Doane - for petitioners
Tom W. Armour - for respondents
Facts of the case
Media for Shea v. VialpandoAudio Transcription for Oral Argument - February 26, 1974 in Shea v. Vialpando
Audio Transcription for Opinion Announcement - April 23, 1974 in Shea v. Vialpando
Warren E. Burger:
The disposition of number 72-1513, Shea against Vialpando and 72-1598, Labor Board against Bell Aerospace Company will each be announced by Mr. Justice Powell.
Lewis F. Powell, Jr.:
In Shea against Vialpando, we have a case that's here from Certiorari, from the United States Court of Appeals for the Tenth Circuit.
The provisions of the Social Security Act providing aid to families with dependent children are administered by the states.
Section 402 (a) (7) of the Act requires that the states take into consideration any expenses reasonably attributable to the earning of income.
Such expenses are deducted from an applicant's income in determining eligibility for assistance.
A Colorado State regulation adopted in 1970, established a flat uniform allowance for work related expenses of $30 per month.
Respondent's expenses substantially exceeded this $30, making her ineligible for continued assistance.
She brought this action for injunctive and declaratory relief.
We hold that the Colorado regulation, imposing what in effect is an arbitrary ceiling on work related expenses, conflicts with Section 402 (a) (7), and therefore, is invalid.
Accordingly, we affirm the judgment of the Court of Appeals for Tenth Circuit.