# Appendix — Edelman v. Jordan > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386414_0255%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1974 - **Citation:** 415 U.S. 651 ## Text ED AUS 20 1973 Supreme Court of the Unitel State . Ocroser Term, 1972 No. 72-1410 JOEL EDELMAN, DIRECTOR OF ILLINOIS DEPART. , MENT OF PUBLIC AID, AND SUCCESSOR TO ED- WARD WEAVER, FORMER DIRECTOR OF PUBLIC ATD, Petitioner, Vs. JOHN JORDAN, et al., Respondent. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT APPENDIX WILLIAM J. SCOTT, Attorney General of the State of linois, 160 North La Salle Street, Chicago, Mlinois, Downarp S. Carnow, Special Assistant Attorney 300 West Washington Street, Chicago, Mlinois, Printed by Authority of the State of Illinois PETITION FOR CERTIORARI FILED APRIL 16, 1973 CERTIORARI GRANTED JUNE 11, 1973 PORES IRS Ot: me - 2 . SO LER | TED eae _Cook County Department of Public Aid, December, 1970 and INDEX Chronological List of relevant Docket Entries. ...ccccrecee l Plaintiff's complaint for Declaratory Judgment, Equitable and Other Appropriate Relief, Filed January 12, 1971 Pesos reese ee ereseeeeeeseseseseseseseeeses h Motion for Temporary Restraining Order and Affidavit of Jeanette Bryant, Filed January 14, 1971 cescscccescecece 17 Order In Rodriquez v. Swank, attached as Exhibit B to Memorandum in Support of Plaintiff's Motion for , Temporary Restraining Order, Filed January 14, 1971 .eeee-e 22 Analysis of Registered Applications Pending Investi- gation, Cook County Department of Public Aid, November 1970, attached as Exhibit D to Memoradnum in Support of Plaintiffs' Motion for Temporary Restraining Order, Filed January 14, 1971 See eereeeeeeeeeseeeeeeseeeseseseseeee 30 Temporary Restraining Order, Filed January 21, 1971l....... 312 Amended Complaint for Declaratory Judgment, Equitable and other Appropriate Relief, Filed January 28, 1971 es... 37 Answer of Defendants Daniel and Barrett to Plaintiffs’ Amended Complaint, Filed February 16, 1971 esccccssccsccee YO Analysis of Registered Applications Pending Investigation January, 1971, Filed March 17, 1971 coccccccccccccccccccces £6 a 10. ll. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Answer of Defendant Swank to Plaintiffs' Amended Complaint, Filed March 22, 1971 e@eeeeevrevee eee eeeeeaeneeene eee Request to Defendant Swank for Production of Documents, Filed March 29, 1971 eeoereeeersreen eee eee reseee see eevee eeeeeee ee Motion to Strike Certain Portions of Defendants’ Answers, Filed April 5, 1971 @rereereeereeeeeeeereeeeereeereeeeeeeeeee eee Motion for Preliminary Injunction, Filed April 5, 1971..... Minute Order Granting Motion to Strike Certain Portions of Defendants' Answer, Filed April hb, 1971 acccccececesceses Preliminary Injunction, Order and Decree - April 16, 1971 Motion for Order for Production of Documents, Filed June 23, 1971 Minute Order granting Motion for Order to Produce - June 23, 1971 td Motion for Order that Facts be Taken as Established, Filed July 27, 1971 and Exhibit A, Handbook Transmittal No. 139, February 8, 1963, Department of Health, Education and Welfare Pree eeeeeeereeeeeee ee eeeeeeeeeeeeeeeeee Minute Order Granting Motion that Facts be Taken as Established - July 27, 1971 eeeereeee ee eeeeeeeereeeeaeeeeeeeeee Monthly Illinois Department of Public Aid Report of Disposed Applications at End of Month by Date of Application, May, 1971, Filed September 1, 1971 ecccscccecece Cook County Department of Public Aid Inter-Office Memoradnum, Filed October 21, 1971 part of case record of Plaintiff Jordan attached as Exhibit to Plaintiffs’ Motion for Summary Judgement, Permanent Injunction and Other Relief. 8 1 INE OE SONNED Ae INN LR PRY ON 5 | 22. 23. 24. 25. 26. Defendants’ Brief in Opposition to Motion of Plaintiffs for Summary Judgment, Permanent Injunction and Other 7 Relief, Piled December l, 1971 ee@eereeeeeeeeseeveeeeeaeeeee 106 Adoption of Swank's Brief by Daniel and Cook County Department of Public Aid, Filed December 6, l197lecccccee 115 Memorandum Opinion and Order Granting Summary Judgment, Piled February 4, 1972 eree eee eeeeeeeeeeeeeeeeeeeeeeeeee 117 Judgment Order and Decree, Filed March 15, 1972 seeeceee 122 Illinois Department of Public Aid MAG Applications disposed by program; number and recent disposed by program, March, 1973 eeeeeeeeeeeee eee ee eeee eee eeeeeenee ee 129 IN THE Supreme Court of the United States Ocroser Term, 1972 -No. 72-1410 JOEL EDELMAN, DIRECTOR OF ILLINOIS DEPART- MENT OF PUBLIC AID, AND SUCCESSOR TO ED- WARD WEAVER, FORMER DIRECTOR OF PUBLIC ; AID, Petitioner, vs. JOHN JORDAN, et al., Respondent. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT APPENDIX pine A sh Bh NH ae AS ag ABI a January 12, January 14, January 14, January 14, January 21, January 28, February 16, 1971 Answer to Defendants Daniel and Barrett March 17, 1971 Analysis of Registered Applications Pending March 22, 1971 Answer of Defendant Swank to Plaintiffs’ Amended Complaint, March 29, 1971 Request to Defendant Swank for Production of Documents, April 5, 1971 Motion to Strike Certain Portions of Defendants' Answers, ieee CHRONOLOGICAL LIST OF RELEVANT DOCKET ENTRIES 1971 Plaintiff's Complaint for Declaratory Judgment, Equitable and Other Appropriate Relief, ; 1971 Motion for Temporary Restraining Order and Affidavit of Jeanette Bryant, Filed, 1971 Order in Rodriguez v. Swank, attached as Exhibit B to Memorandum in Support of Plaintiffs' Motion for Temporary Sree order, filed, 1971 ‘Analysis of Registered Applications , Pending Investigation, Cook County Department of Public Aid, November 1970, attached as Exhibit D to Memorandum in Support of Plaintiffs* Motion for Temporary Restraining Order, s 1971 Temporary Restraining Order, Filed 1971 Amended Complaint for Declaratory Judgment, Equitable and Other Appropriate Relief, to Plaintiffs" Amended Complant, Filed Investigation, Cook County Department of Public Aid, December, 1970 and January, 1971, ihe ilk «Llc PAA ALN eR cAllatalie a tae eet 0 al advice April 15, 1971 April 15, 1971 April 16, 1971 June 23, 1971 June 23, 1971 July 27, 1971 July 27, 1971 September 1, 1971 October 21, December I, December 6, February 4, 1971 1971 1971 1972 Motion for Preliminary Injunction, Filed, Minute Order Granting Motion to Strike Certain Portions of Defendants’ Answer Preliminary Injunction, order and decree. Motion for Order for Porduction of Documents, Minute Order granting Motion for Order to Produce Motion for Order that Facts be Taken as Established, Filed July 27, 1971 and Exhibit A, Handbook Transmittal No. 139, February 8, 1963, Department of Health, Education and Welfare Minute Order Granting Moti6n that Pacts be Taken as Established - . Monthly Illinois Department of Publid Aid Report of Disposed Applications at End of Month by Date of Application, May, 1971, Cook County Department of Public Aid Inter- Office Memorandum, filed October 21, 1971, part of case record of Plaintiff Jordan attached as Exhibit to Plaintiffs' Motion for Summary Judgment, Permanent Injunction and other relief. Defendants' Brief in Opposition to Motion of Plaintiffs for Summary Judgment, Permanent Injunction and other relief, Adoption of Swank's Brief by Daniel and Cook County Department of Public Aid, filed December 6 Memorandum Opinion and Order Granting Summary Judgment, Filed February 4, 1972 3 Oe reese eb iy at it EER ate Ay Me ae tA by Ree AE Phew ial he tellin a ecards atts nt cn OR Mads ip ey bl NE lade lait te! March 1, 1973 March 24, 1972 April 7, 1972 January 18, 1973 May 22, 1973 May 29, 1973 May 31, 1973 Illinois Department of Public Aid MAG Application disposed by program, number and percent disposed by program, ADDITION TO RELEVANT DOCKET ENTRIES Defendants’ Notice of Appeal Plaintiff's Notice of Cross Appeal Opinion and Order Application for Stay Pending Petition for Certiorari Objections by Plaintiff to Application for Stay Pending ~ Appeal Stay Pending Application for Certiorari denied by the Seventh Circuit Court of Appeals. Stay Pending Appeal granted by Supreme Court with respect to Paragraphs 5 and 6 of Final Judgment and Decree 5 4 Ol si thas Se sl ) ) + Aia; DAVID DANIEL, Director, ) ) ) ) ) ) , IN THE UNITED STATES DISTRICT COURT). J, /- FOR THE NORTHERN DISTRICT OF rutnote! YAY 12 EASTERN DIVISION ' | : 6 ee JouN JORDAN, by his next friend, ) : 4.3. VISTRIC (JEANETTE BRYANT, individually ) and on behalf of all other ) persons similarly situated, ) ; x ‘ ) 2 att : Plaintiffs, estes Vani 3 es a ° . J im vs. 15S a HAROLD O. SWANK, Director, Illinois Department of Public Cook County Department of Public Aid; EDWARD J. BARRETT, Comptroller of Cook County, individually and in their official capacities, Defendants, R DECLARATORY JUDGMENT COMPLAINT FO PROPRIATE RELIEF EQUITABLE, AND OTHER AP PRELIMINARY STATEMENT 1. Plaintiff, individually a person declare mandatory an lations requiring all applications fo and Disabled (AABD) to be acted upon within thirty da the date of application, within thirty days for those dete declaring void all state statutes and regulation with said mandatory federal regulations. com are™ 29 Pi — ——— ~~ s similarly situated, seeks primarily to have th dad binding on the defendants. federal regu- Aé Il oo nd on behalf of all other is Court r Aid to the Aged, Blind ys from and requiring actual receipt of payment rmined eligible, and further s inconsistent Plaintiff also seeks iL -2- OP lg ntl Mido, . (a declaration that the Illinois Public Aid Code, ch. 23, Sec- | tion 3-1, I11.Rev.Stat., federal law, 45 C.F.R. § 233.20(a) (1) (2) Gaia, and equal protection of the laws as guaranteed by the fourteenth amendment to the United States Constitution,require AASD to be paid from the date of application if the applicant meets the eligibility conditions at the time of application. LRN Ait ihe Nall JURISDICTION . “2. Jurisdiction is conferred on this court by 28 The amount in cee ee U.S.C. § 1343(3) (4) and by 28 U.S.C. § 1331. controversy,exclusive of interest and costs, exceeds the sum or value of $10,000.00. | 3. Plaintiff's action for declaratory and injunctive relief, and for benefits wrongfully withheld is authorized by: (a) 28 U.S.C. §§ 2201, 2202 and Rule 57 of the Federal Rules of Civil Procedure, which relate to declaratory judgments; (b) 42 U.S.C. § 1983 which provides redress for the deprivation under color of law of rights, Fo ee ete privileges, and immunities secured by the Constitu- tion and laws of the United States. PLAINTIFFS 4. The named plaintiff, John Jordan, age sixty-one, _lives at 4241 W. Calumet, Chicago, Illinois, in a room of the apartment of Jeanette Bryant. 4 . 5. John Jordan has a substantial mental deficiency Sy Sane er ares : -3- naa nae OS ‘and functions at the level of a small child. Jeanette Bryant = | generally supervises most matters affecting: the raieediles life of John Jordan. CLASS ACTION elt AE ie lie nce athe 6. The named plaintiff brings this action on his own behalf and pursuant to Rule 23(a) and (b) of the Federal Rules of Civil Procedure, on behalf of all other persons simi- ; larly situated. i " DEFENDANTS 7. Defendants are as follows: (a) Harold 0. Swank, is the Director of the Illinois Department of Public Aid and is charged with statewide administration of the public assistance programs, including Aid to the Aged, Blind and Disabled, and with establishing regulations to carry out the statutory pro- visions of such programs; (b) David Daniel is the Director of the Cook County Department of Public Aid, an agency of the Illinois Department of Public Aid, and is responsible for administering the public assistance programs in Cook County; and (c) Edward J. Barrett, is the Comptroller of Cook County, compensitvie for the signing of emergency welfare checks. FACTUAL ALLEGATIONS 8. John Jordan has a substantial mental impairment and functions at the level of a small child. He is unable to a ene -4- . 0 eo SS BN tala Gilda ie read or to recognize and count money. His intelligence is so limited that he|requires supervision in most matters affecting is everyday life. His mental impairment is of a permancnt ature and substantially impairs his ability to perform labor r services or to engage in any useful occupation. 9. On or about September 18, 1970 John Jordan applied or Aid to the Disabled at the Oakland office of .the Cook County artment of Public Aid. . 10. At the time of his application for Aid to the isabled John Jordan met all.of the eligibility conditions for id to the Disabled, and he still meets said eligibility condi- tions, and is in all ways qualified for such assistance. 11. John Jordan, or friends acting on his behalf, have cooperated with the Cook County Department of Public Aid in all respects and have furnished all information requested by the | }Cook County Department of Public Aid and its employees. 12. The Cook County Department of Public Aid has yet }to act on John Jordan's application for Aid to the Disabled and | John Jordan has not received any such assistance from the | defendants as of the date of filing this law suit. : 13. The sole reason for the delay is that the case- = worker of the Cook County Department of Public Aid assigned to John Jordan's application has not had time to act on John Jordan's application. 14. John Jordan has no income or assets except for COPY BOUND CLOSE IN CENTER =§- approximately $2.00 he earns by working at a drugstore one a week and other infrequent odd jobs involving manual labor. ts Ne a - mee ay eee YY 15. John Jordan is in dire need of monetary and dical assistance. He does not eat properly and is suffering om malnourishment because of lack of sufficient funds and is esently sick with a cold and cough and in need of medical re. Also he lacks vision in one eye and needs to be fitted glasses. 16. Because his application for Aid to the Disabled is not been acted upon and approved, John Jordan has suffered ad will continue to suffer irreparable injury, loss, and mage because of the lack of adequate funds to purchase those essities requisite for a minimum standard of life compatible th health and well-being. COUNT I 17. Count I is brought as a class ection by the named aintiff on his own behalf and on behalf of ail other persons larly situated pursuant to Rule 23(a) and (b) of the Federal les of Civil Procedure. The class is composed of all persons Illinois eligible for Aid to the Aged, Blind, or Disabled, ereinafter “AABD") who are required by defendants to wait nger than 30 days after application for a determination of 1 / ; ) of plaintiff are typical of the claims of the class. Maintiffs will fairly and adequately protect the interests , the class. ; 18. Illinois participates in the Federal government's ram of Aid to the Aged, Blind, and Disabled (AABD), estab- shed by the Social Security Act, 42 U.S.C. Subchapter XVI, §§ 81 et. seq. As a condition thereof, Illinois is required | conform with the requirements of the Social Security Act and ulations promulgated thereunder by the United States Depart- t of Health, Education and Welfare. 19. The Social Security Act provides that “all individuals wishing to make application under the (AABD) plan shall have opportunity to do so and that such aid or assistance shal] be furnished with reasonable promptness to all eligible indi- viduals." 42 U.S.C. § 1382(a) (8). 20. At all times relevant herein, the regulations of e Department of Health, Education and Welfare have required at action on applications for AABD be taken within thirty days, cluding, for those determined eligible, the actual receipt of D assistance- Handbook of Public Assistance Administration, rt IV, Section 2200(b) (3) (4), 2300(b) (3) (5S). 22, The defendants maintain that these abovementioned ulations are not mandatory and binding on them with respect AABD applications. ° ; 22. As of the end of November, 1970, approximately % of the applications for AABD pending at the Cook County ee -7J- Department of Public Aid had been pending longer than 30 days. 23. The rules and regulations of the defendant . Illinois Department of Public Aid with respect to time standards for processing of AABD applications, Illinois Categorical Assistance Manval, Sections 4004-4004.3, are in violation of the requirements of the Social Security Act and regulations quoted above in paragraphs 19 and 20. 24. Further, at all times relevant herein, Section 8255 (and subsections thereunder), Illinois Department of Public Aid, Categorical Assistance Manual, has provided that initial grants (ineluding AABD) may be authorized only for the month in which the application has been approved, but not for any prior months. 25. Pursuant to Section 8255, Iliinois Categorical Assistance Manual, plaintiff John Jordan is barred from receiving AABD benefits for October, November, and December, 1970 in violation of the Social Souuwity Act and regulations wastes above in paragraphs 19 and 20. 26. By failing to follow the "30 day requirement" of federal law, the defendants and their agents acting under. color of state law, have unlawfully deprived Plaintiffs of AABD assistance and their rights under the Social Security Act and the regulations issued pursuant thereto. 27. No adequate administrative remedy or remedy at law is available to the plaintiffs. 28. Plaintiffs have suffered irreparable damage to their health and well-being and will continue to,suffer severe “* and irreparable injury because of the failure of defendants 'and their agents to comply with the "30 day requirement." COUNT II 29. Count II is brought as a class action by the named plaintiff on his own behalf and on behalf of all other persons similarly situated pursuant to Rule 23(a)(b) of the ) Federal Rules of Civil Procedure. The class is composed of } all applicants for AABD in Illinois who meet the eligibility requirements when they apply but are denied benefits for the intervening period from the date of application to the month } in which their grant is suthori zed. This class is so numerous that joinder of all members is Sageactionl: There are questions of law and fact common to the class. The claims of plaintiff are typical of the ciaims of the class. Plaintiffs will fairly and adequately protect the interests of the class. 30. Some eligible applicants for AABD similarly situated to John Jordan applied for AABD benefits in September, 1970, and were determined eligible in said snobs and began receiving assistance in and for said month. 31. Some eligible applicants similarly situated to John Jordan applied for AABD benefits in September, 1970, and were actermined eligible in October, some were determined eligible in November, and some were determined eligible in December, and as a consequence, said applicants began receiving assistance in and for October, November, and December respec- z Li © 7 tively, but not for any period prior to the month in which they we determined eligible. 4 32. By delaying determinations of eligibility, the @efendants lessen expenditures to the needy for basic subsis- tence payments. . . 33. To condition the date upon which AABD benefits begin to the speed of the administrative process, is to estab- Qish,wholly arbitrary and invidious classifications between Pimilarly situated, equally needy persons. 34. Section 8255 of the Illinois Categorical Assis- ance Manual is invalid and unconstitutional on its face and bs applied to plaintiffs in violation of the equal protection Iclause of the fourteenth amendment to the Constitution of the tunitea States. | 35. The policy of the defendant Illinois Department ° dor Public Aid, and the practices of its 102 agent County. epee ments of Public Aid throughout the State of Illinois, do not }require AABD assistance be paid from the date of ‘application ywhen the applicant meets all of the eligibility conditions at Tenat time. 36. The policy and practices of the defendants described in paragraph 35 above and in this Cowmt are in vio- Jilation of the Social Security Act, 42 U.S.C. § 1381 et. seq. | and federal regulations issued thereunder, 45 C.F.R. § 233.20 (a) (1) (2) (iii), and Department of Health, Education and Welfare, 7 °- i iz - -10- Handbook of Public Assistance Administration, Part II, § 3300, § 4300. : 37. The policy and practices of the defendants described in paragraph 35 above and in this Count are in vio- lation of the Illinois Public Aid Code, ch. 23, Section 3-1, I1l1.Rev.Stat. which provides that financial aid “shall be given under this Article to or in behalf of aged, blind, or disabled persons who meet the eligibility conditions..." 38. Plaintiffs have suffered and will continue to suffer irreparable injury to their health and well-being because of the policy and practice of the defendants described in para- graph 35 above and in this Count. 39. No adequate administrative remedy or adequate remedy at law is available to plaintiffs. WHEREFORE, plaintiff: respectfully prays, on behalf of himself and all others similarly situated, that this Honorable Court: x 1. Enter a temporary restraining order enjoining the defendants, their successors in office, agents, and employees and all other persons in active concert and participation with them, from continuing to cause irreparable harm to plaintiff and other persons similarly situated by failing to comply with the requirement for making determinations of eligibility for AABD applicants within 30 days and sending checks to those - determined eligible within that same 30 day period. , sg ° fo #: beac V4 -11- 2. Enter preliminary and permanent injunctions ‘enjoining defendants, their successors in office, agents and employees, and all other persons in active concert and parti- Bs ceeden with them, from failing to comply with the federal "30 ‘ay requirement" with respect to applicants for AABD. 3. Enter a final judgment declaring Illinois Cate- Wgorical Assistance Manual Sections 4004 and 8255 (and subsections hereunder) as applied to applicants for AABD invalid insofar Aas they are inconsistent with the Social Security Act and regu- lations issued pursuant thereto. 4. Enter a final’ judgment declaring that the Illinois Public Aid Code, ch. 23, Sections 3-1, I1l.Rev.Stat., the Social Security Act and regulations thereunder, and equal protection ; . of the laws as guaranteed by the fourteenth amendment to the J united States Constitution require that applicants for AABD 3who meet the eligibility conditions for AABD at the time of their application are entitled to AABD benefits from the date of application. - 5. Enter a permanent injunction enjoining the defen- dants to award to the entire class of plaintiffs all AABD bene- fits wrongfully withheld. ; 6. Allow punitive damages in the amount of $100,000.00 against Harold Oo. Swank. A we ook: ae ia 7. Allow plaintiff his costs herein, and also grant him and all persons similarly situated, such additional or alternative relief as may seem to this Court to be just, proper and equitable. Sheldon Roodman Kenneth K. Howell Community 11 Counsel 116 South Michigan Avenue Chicago, Illinois 60603 726-0157 Attorneys for Plaintiffs Respectfully —_— Ss. MNketcen fee cree, eldon ery Le Wa Kenneth | K. Howell OSE IN CENTER COPY BOUND cL IN THE UNITED STATES DISTRICT COURT ° FOR THE NORTHERN DISTRICT OF ILLINOIS PEP es EASTERN DIVISION bE be DS JAN 14 1571 * STUART CUNINNSGHAM o'c‘ork JORDAN, by his next friend ETTE BRYANT, individually on behalf of all other ons similarly situated, ax Plaintiffs, wa 7t C 70 ; County Department of lic Aid; EDWARD J. BARRETT, ptroller of Cook County, ividually and in their icial capacities, Defendants. MOTION FOR A TEMPORARY RESTRAINING ORDER Plaintiff, JOHN JORDAN, on his own behalf and on behalf all other persons similarly situated, by his attorneys, ELDON ROODMAN and KENNETH HOWELL, respectfully moves for the try of a temporary restraining order enjoining the defendants, eix successors in office, agents and employees, and all persons active concert and participation with them, from failing to e determinations of eligibility or ineligibility for applicants br Aid to the Aged, Blind, or Disabled (hereinafter “AABD") within irty days from the date of application, and from failing to svide the first AABD check within thirty days from the date of I is Bpplication for those determined eligible for AABD, ‘such check overing the full amount of the AABD entitlement had the applica- 4 ion been acted upon within 30 days as required by federal law. Further, the named plaintifé, John Jordan, respectfully jnoves for the entry of a temporary restraining order enjoining e defendant — County Department of Public Aid and its i, ployees from failing to make a determination of eligibility on is application for AABD any later than 4:30 P.M., Friday, January 915, 1971, and in the event his application is approved, enjoining “jthe déetendants to issue no later than 4:30 P.M., Friday, January 915, 1971 a check for the full amount of his AABD entitlement had Shis application been acted vpon within the maximum thirty day }time period. In support of this motion, plaintiff submits the affidavit of Jeanette Bryant, attached hereto, and a supporting memorandum of law with exhibits attached thereto. Respectfully eamgis skeen ees Sheldon Roodman / one of the Attorneys for the Plaintiffs Sheldon Roodman Kenneth K. Howell Community Legal Counsel 116 South Michigan Avenue Chicago, Illinois 60603 726-0157 ‘ ...- IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION OHN JORDAN, by his next friend, JEANETTE BRYANT, individually 4and on behalf of all other persons Similarly situated, Plaintiffs. vs. HAROLD O. SWANK, Director, llinois Department of Public id; DAVID DANIEL, Director, Xomptroller of Cook County, Sindividually and in their Yofficial capacities, Defendants. (ETATE OF ILLINOIS) ) SS. OUNTY OF C O O K) AFFIDAVIT OF JEANETTE BRYANT I, JEANETTE BRYANT, being first duly sworn, Gepones and says: 1. My name is Jeanette sxyene and I live at 4241 South Cabinet) Chicago, Illinois 2. John Jordan, age sixty one, is a roomet in my apartment at. 4241 Ss. Calumet, Chicago, Illinois, and has been for over three years. 3. John Jordan has a substantial mentiil deficiency and functions at the level of a small child. Hejsunable to read or to ‘recognize or count money. His intelligence is so limited that he requires supervision in most matters affecting his every day life. I have cared for John Jordan with the a/ a Co assistance of the Progressive Baptist Church and some members thereof. 4. On or about September 18, 1970, John Jordan applied for disability assistance at the Oakland Office of the Cook Coun Department of Public Aid. 5. A caseworker from the Cook County Department of Public Aid, Anna Marie McCarthy, came to my apartment in November for a home visit in connection with John Jordan's application for disability assistance. : 6.:.2 and John Jordan have eseporetiot in every way possible with any and all requests of the Cook County Department of Public Aid’ and its employees. 7. John Jordan has no income or assets except for approxi- mately $2.00 he earns by working at a drugstore one day a week and other occasional odd jobs. 8. The Cook County Department of Public Aid has yet to act om the application for disability assistance of John Jordan and John Jordan has not received any such assistance from the Depart ment of Public Aid to date. Anna Marie noCerthy, the caseworker ‘for John Jordan, has informed me that she is extremely _—_ and has not had time to act on John eonsaaes s application. , 4.2 * 9. John Jordan is in dire need of monetary assistance and medical assistance. He does not eat properly because of lack of sufficient funds and is presently sick with a cold and cough and in need of medical care. Also he lacks vision in one eye and needs to be fitted for glasses. fe. eda rc Wet cork” “Jeanette Bryant og ¢ Subscribed and Sworn to Be fore ‘me this ‘“ day of January, 1971 we intr Public ZL? LIN WE UNITED STAVES DISTRICT COUKT FOR THE NOY! DISTRICY OF ILLINOIS. he hae ee EASYERH DIVISIOH wy . -. : .- "+ Wares ores \DYS RODRIGU Ze PEAY Soha j on behalf of hes minor -. Hldren, RATARL, FRRECISCO, — LIA, and HIGUEL RODRIGUEZ; . 1 on behalf of all other . wer sons similarly situates, +? : . ‘ oft, 2% ‘is Sn Ss ie Plaintiffs, S. 10 tah. Sil TH, on benait her minor chilérena, STEVE} DebRA KELLY, anc PAY OND f, end on behalf of all her persons similarly situated, ‘e- eet et eet ee et eet et ee we . Plaintiff =Thtervenor > 7. ROLD O. SHANK, Director, Illi- bis Depertwent of Public Aid; pine DANIEL, Rixector, Coox , a, Defendants. ° ¢ ss aS, id id ¢ . et et et et et et et et at et Se et ’ * . . - ‘bes - Stat ORDER | “this matter r coming ¢ on to be: heard pursuant to this burt's Henorand=s Opinion of Septenber x“, 1970, “and Orders tered on such date denying all of the Sefendants' notion to iss, denpins a Ferold O. Swank's motion for Suag- ont on the plez dings, and allowing Both counts of plaintiffs’ Zaint to be eaintained as a class ‘action, and pursuant to he ‘stipulation of fects peas: by ¢ the parties ‘hereto; and eZ caseraed *.* . “eho os set . e . . * : : "s te =. @.*%* eo So Se > . . . 2 ¥* ~~. > 5 © 2P7 Yc 30 ot . 24. b — ° . > : >, * ghieon S. e! 2% wt >>. “ «, “the court heving | costed with counse} for the ‘parties i s* al . c relief ,bo,which they are entitiea, ae ME : a aT Is HEREBY ORDERED, ADJUDGED, AND DECREED: _ (a) @e- thes From the date of the issuance of. this Decree, dant David Daniel, as Director of the Cook cnenty Department | ‘public’ “Aid, is enjoined, ordered, and directed, ‘and (b) defen- nt-Harold 01 Swank, es Director of the Illinois Bapartnese of ‘ lie Aid, is ‘enjoined, ordered, and Gtieten to cause and order je, one ‘hundred ° two (102) County Departments of Public Aid in the ate ‘of Illinois: to make all deterninat tions of eligibility or — for all applicants ne Aid to Fenilies with, Depen- : nt ‘chiléres (AFDC) within thirty Go) days from the Gate of pplication, such epplications being nade either orally or in iting; whichever is made first, subject only te the exception "Further, (a) defendants Davie iel, as d paragraph Se infra. ector b£ the Cook County Department of Public aia, & Béward : -- Barrett, 2s ‘Comptroller of Cook county, are hereby enjoined, rected, and ordered, and (b) defendant Harold °. Swank, as— irector of the Illinois Department of Public aia is hereby en- % ined, ordered, and directed to cause and order the one bendived ee * (202) County Department's of Public’ “Aid in the State of Tlli- . * of . °« “ae "2 e° eS a X . tal Sar cel t= She fo Beats: | ry gy ee ee spe face 18 oe , Sewae Sry seine Bie et a4 mn Lice), ‘or othervise: to cause for those applicants dcter- ined eligibie, the receipt by ‘aia applicants of their first gr vl) ‘arpe” check within ‘thirty. (30) “days. from the daic of appli-, ation, subject only to the “exception in paragraph 5. infra. 2 - eee (ay defendant David peviiel, as Director of the Cook ounty Depertnent of Public Aid, is hereby endetead,; ordered, nd directed;' and (b) defendant Harold 6. “Swank, as Director of ae . e Illindis Departnent of Public Rid, Ze “enjoined, ordered, and wirected to cause and order the one hundred two (102) County De partments ‘of Public Aid ‘nm the State ae Illinois: to make ‘dete 7“ @ ninetions of eligibility or ineligibility of all ‘pending AFDC depplications within thirty (30) days from the date of issuance | DE this Decree, ‘subject only, to the exception in paragraph S, adlina Further, (a) betbadnnin: David Daniel, as Director of Cook County Department of Public Aid, and Edwerd J. Barrett, as Comptroller “of Cook County, are hereby enjoined, directed, and” ordered, end {b) defendant Rarold O. Swank, as Director of the I11inois Depart tment of Public Aid, is hereby enjoined, ordered, and directed to cause and order the one hundred to ‘ (102) County Departments of Public Aid in the State of Illinois, and their’ ‘respective ‘comptrollers for his counterpart in office) or otherwise: to cause for those applicants determined eligible , *e%e wo ae Fe PE. a ee ae eee . a g >. -* _* -~ we i Soka Ts enls Es oe a oF : > recei ipt | i: sid epplicents Cs their r fitse funn’ APoo check . @* as “ . +e.» ze eS S *. ee Coetetere tetris in, Ahirey (30) ezys ‘from the date of the iss suance poy this ec, sbbjéct only to the’ exception ‘in paragraph 5, infra. - ve S° “she tee Be that the aefendent Harold 0. _Suank, Director, main *.@ : - . ‘- WNL acti ete UY NE ated Pie Oe Say, rer. yh “* = ee ous Departsent of Public Aig, ‘Be and is. hereby nandatorily_ en~ — ry - bed “oat @. eres 2 mcd, ordered a, ana directed to averd, “within one 2 hundred and” ms ‘ ea oes ty” (120), days fron ihe dete of ta issuance of this Decree, 11 apififeants for AFDC in, ‘the one hundred tuo (202) counties”. fiinois who were determinca eligible on or after December .) ee e . F where ‘such determinations were not made within thirty” (30) From the date of application, AFDC assistance from the’ thir- (30th) Gay after ‘he ae of application te the. date the * ‘ icant's entitlewent ‘to, "AFDC. became effective. Such award of ozctive paytients will be mailed ‘to those persons currently iving ane within ons hundred tventy. (120) Gays from the ance of this Decree with an explanatory letter, said etter a ng been first ot by plaintiffs’ attorney. . Any avard- ived purszant: to this Paragraph ‘shall not be deened incone esources under Article Iv, Section 4-1. 6 of the Tilinois ic aia Code. For those Persons not Pr esently Ramrprotors Sa ° “ *. - oe rit ti - eo - _- at "2 ve te - — . -e. « ‘ ° Woe ee es on - - ‘ . Se ee - ee a a ae -— - m, = a oe. te re ee aoe 5 oe Pe ge i ee -* 4e at. > - : * oe oe O te “8 3 @*6 + ™ ds el, A certified letter pe Eat receipt requested), letter having been first approved by plaintiffs' attorney, be sent ‘to the last known address of the party, informing : in rar pracenss and easily understandeble terns that, he is owed e ward ‘of retroactive assistance, with the amount “specified, ‘ t he TG PE. o- ¢ : +f 2 « * he Departuent, oF Public, Mes ang that he iene Slant ‘SUén | pen sis within forty-five (4s) apn patos Bie: recdipt eo . - Ps ae te Mie © + oo, ee. x . et, ee ash Pie BP gt hg 9 o ope ei ee Be .? . ‘ee > ¢ © I. : . ro * eS ae 88 th ? ia . - . es Bee fe owte Bo. °°*"e we %. were . pull a a. seer wore. ee Pid. a Pade oe ges . os ‘2 a le eo, & en, “s 0+ DP ooy +e ad ae TO If the County’ ‘Department of Public Aid has’ not a : iveé such a ‘Feguest ‘for the “avard of retroactive Bayments | - . pag Ea wrens in forty-five (45)° days ‘froa ae date of the returned re- t, “the: right to ‘said award of retroactive payment shall be oy e+e. o° bye & e 2 ited’ “sid the file shal be closed. digha = oe ee : 7 wees the date of the issuance veil this Decree, the en- ‘ ement | of all eligible APDC applicants in the State of mi : shall attach no later than the thirticth (30th) day efter gate of application. In* ~~ case in which eligibility is : rained subseguent to the thirtieth (30th) day after the of application, the applicant shall be entitled to AFDC stence retroactive to the. thirtieth (30th) aay, subject : to the exception in paragraph S, ‘infra. If the applicant en ied AFDC assistance retroactive ts _. thirtieth (30% th) _Porsuant_ ‘“s paragraph 5,7 infra, ‘said ‘applicant ant receive itten statenent explaining fa) that this denial wes besed on failure or mite on the pert of the ‘applicant to weevite spe- eit estential information, and (b) that the applicant nae the t to appeal within sixty (60) days this decision of the ty Department of Public Aid. £ ; Poi apiee Se be The sole exception to the thirty-day_ requirement as ned in paragraghs I and 4 fs in those cases “where it is in- - ible to make a determination of eligibility » because of fail- es any di isputes. ‘betwecn ihe ‘perties as te whether the -pro- res and | steps outlined by the defendant” will fulfiln the re 3 - ae enonts of ‘this Decree wild be ‘resolved by | the ‘Court. | a oy 5 ” ware *. ” ‘ 1 detopignt cena o. Swank shall. submit to ‘the peel and sth df time since date of application, ‘for each county in the e of Illinois this same information shall be provided to Court ‘and “to the plaintiffs" “attorney for each ‘of the Six hs following the month in which this Decree is granted. De ant David Daniel shall submit to the Court ena to” the plain- . s' attorney for each of the six months following the month ~ hich this Decree’ is granted the chart, Analysis’ of "Regis— d Applications Pending Investigation, Source: ‘Cook County rtment of Public Aid - - Form CCDPA~264. : x Defendant Harold oO. Swank ig directed to provide es ‘of this Decree to each County Departnent of. Public Aid ihe State of Illinois and to issue ‘an official Bulletin of .o - rilinois Departeent of Public aid incorporating the provi- s a this Decree within five (5): cays from the —s thereof.‘ bo. The: wehter required by paregras ph 3 of this Decrce ees aved pending any appeals in this cause.” No later than one re risk (220) days frou the date ‘the relief required t by - “+ . a . oe Meee “* . * ae” . - . ° . ‘ -7- . oc . ad in. ce s se, a sod Ped Oe fey _ . e bd of AE tae 8 ne ae tat, "* - écley on the ‘part of the .2pPlicant to" provide. essential en .%%e *%a3 ~ aha > ae = Sng Sx sation; ‘in such instances, the case record must she ‘that Se a *e - fase or failure results from ‘cixeunstances within the dppli- -%. s ‘control. and understanding. ‘In the future, part of ‘the ee * - Coe See = ~~. = ee ae. exception t to ‘cireunvent the “enirey-aey action requiteasnt : “2% Se ee os ~ nae >= os ° ae a ° -* - I : - + iy : “ a - Fe aed ce -* = aay ° ag . . Bp ™ . - “9 ee ‘ss - Big a «8 >. ad 8. “article Iv, ‘section - -8 of the Illinois Public aia shall not be 2 bar te any relief afforded by paragraph 7 is Decree. . DES RY ae es . es tee é . “7 . - . ix i Within fifteen (15) days from the date of ‘this eas : dant Harold o the Cook County Department of Public Aid and many such appli- sixty days as to disabled under AABD, with a number having been pending longer than six months; : 5. Defendant Harold 0. Swank is the Director of the Illi- ois Department of Public Aid and is charged with statewide ndministration of the categorical aid programs, including Aid to 2 Aged, Blind and Disabled, and with establishing regulations carry out the statutory provisions of such programs. Defen- fant David Daniel is the Director of the Cook County Department of Public Aid, an agency of the Illinois Department of Public sw id, and is responsible for’ administering the categorical aid programs, including AABD, in Cook County. Defendant Edward J. Barrett is the Comptroller of Cook County, responsible for the i signing of emergency welfare checks in Cook County; and The Court further finding: 6. The named plaintiff has brought this action as a Wclass action on his own behalf and on behalf of all other per- sons in Illinois eligible for AABD who are required by defen- dants to wait longer than thirty days after application, as to aged dnd blind under AABD, and longer than sixty days after application as to disabled under AABD, for a determination of eligibility and receipt of their first assistance check. 7. This class is so numerous that joinder of all members is impracticable. There are questions of law and fact common to the class. The claims of plaintiff are typical of the claims Plaintiffs will fairly and edequately protcct the ot the class. interests of the class. The defendants have acted or rofused to act on grounds generally applicable to the class, thereby making appropriate injunctive relief with respect to the class as a whole. 8. Those persons composing this class are, and will con- tinue to be, irreparable injured by the failure of the defen- dants to process their applications and to provide AABD assis- tance within the maximum time periods permissible under federal regulations. Plaintiff, John Jordan, does not have funds with which to obtain proper and necessary food and clothing, and medical and dental care. The named plaintiff, John Jordan, is suffering, and will suffer immediate, certain, and irreparable injury by reason of the failure of the Cook County Department _ of Public Aid to approve his application and to provide him AABD. CONCLUSIONS OF LAW 1. The Court has jurisdiction over the parties to this action and over the subject matter of the action. 2. The hereinabove findings of facts establish that the Cook County Department of Public Aid and the Illinois Department of Public Aid have not complied in Cook County with the Handbook ‘of Public Assistance Administration, Part IV, Sections 2200 (b) (3) (4), 2300(b) (3) (5), and the Court is at this time satisfied that _ plaintiffs are likely to prevail on the mandatory and binding nature of these regulations. Rodriguez v. Swank, 69 C 2615 (N. D. Ill., 1970) (three-judge court). 3. This action is properly maintainable as a class action. Federal Rules of Civil Procedure, 23(a) and (b). 4. Plaintiff and the clasé he represents will suffer im- mediate and irreparable injury if a temporary restraining order is denied. 5. - Plaintiff and the class he represents are entitled to a temporary restraining order as hereinafter set forth. The defendants hereby give thcir consent.to the exten- -sion of this order until April 15, 1971. However, such consent to the extension of this order shall not b: ‘leemed to be a waiver by the defendants of any right to app-rl thu. order or to move this Court at any time to vacate, stay, or dissolve this order. Issucd at /0:30f). -m., January al ° fie cle pro tunc, effective 12:01 p.m., January 1‘, 1971. - Se > & , A. tort: United States pis trict Judge IT IS HEREBY ORDERED, ADJUDGED, and DECREED That the defendant David Daniel, as Director of the Cook County Depart- ment of Public Aid, and his employees are enjoined from fail- ing to make a determination of eligibility on the AABD applica- tion of John Jordan any later than 4:30 p.m., Friday, January 15, 1971, and, in the event his application is approved, de- fendants are enjoined from failing to issue any later than 4:30 p-m., Friday, January 15, 1971, to John Jordan his AABD entitle- ment; and “IT IS FURTHER ORDERED That the defendants, their agents and employees, and all persons in active concert and par- ticipation with them, are hereby enjoined from failing to make determinations of eligibility and providing AABD assistance for those determined eligible, within thirty days from the date of application as to aged and blind applicants for AABD and within sixty days from the date of application as to disabled appli- ‘ cants for AABD in the State of Illinois except in those cases where it is impossible to make a determination of eligibility because of failure or delay on the part of the applicant to provide essential information within the applicant's control and understanding, pending final adjudication of this cause. PROVIDED That defendants are hereby given | until April 15, 1971, to act on all AABD applications now pending, and on all AABD (D) applications filed between the effective date of this Order and February 15, 1971, and on all AABD (A) and (B) appli- cations say ad between the effective date of this Order and March 15, 1971. ‘ men & a IN THE UNITED STATES DISTRICT COURT FOR THE KORTHERY DISTRICT OF ILLINOIS, . : EASTERN DIVISION ‘eb i i JAN 2.8 1371 H. STUART CUMNINGHAS ee JOHN JORDAN, by his next friend, JEANETTE BRYANT, indivicually and on behalf of all other persons similarly situated, Plaintiffs, vs. NO. 71C 70 Illinois Department of Public Aid; DAVID DANIEL, Director, Cook County Department of Public Aid; EDWARD J. BARRETT, Comptroller of Cook County, individually and in their official capacities, ) ) ) ) ) ) ) HAROLD O. SWANK, Director, ) ) ) ) ) ) ) ) ) Defendants. ) AMENDED CCMPLAINT FOR DECLARATORY JUDGMENT, “EQUITABLE AND OTHER APPROPRIATE RELIEF PRELIMINARY STATEMENT ~ 1. Plaintiff, individually and on behalf of all other persons similarly situated, seeks primarily to have this Court declare mandatory and binding on the defendants federal regulations requiring (a) determinations of eligibility, and (b) actual receipt of Aid to the Aged, Blind’ and Disabled (hereinafter AABD) for those determined eligible, within thirty days from the date of application as to aged and blind applicants for AABD, and within sixty days from the date of application as to disabled applicants for AABD, and further declaring void all state statutes and regulations inconsistent with said mandatory federal regulations. Plaintiff also seeks wy es — ¥e Any and all letters, memoranda, reports, and studies . oo ince February, 1968, with respect to the procedures for process- ng Of AABD applications and the problems related thereto, the procedures for making determinations of eligibility or ineligi- bility for AABD applicants and the problems related thereto, the ength of time between the date of application and the date of uthorization and/or mailing of the first check for those AABD __ 63 bad » —_* ass - th sta addr aor ret. ee eel applicants determined eligible, and with respect to the time from which initial “ae benefits are te be = to ee 4 - -~ Ct ES HOSS! He FS SSS 6 OeH Somes eee se ereeenn e+ Se ae AABD applicants. ; | 3. Any and all correspondance, memoranda, or other writ- ten exchanges of information between the Cook County Department . of Public Aid, and the Illinois Department of Public Aid with respect to any of the matters described in paragraph 2, supra, ang with respect to the problem of meeting the maximum time limits established by the Department of Health, Education and Welfare for the processing of AABD applications. It is requested that the aforesaid production be made on the 8th day of April, 1971, at 116 South Michigan, Room 700, at 10:00 a.m. hecho i ae Sheldon H. Roodman one of the Attorneys for Plaintiffs Community Legal Counsel 116 South Michigan Avenue Chicago, Illinois 60603 726-0157 cK A ers ™ ~ ene es ee ees - IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ee ee i ee ee ee ee es ' _— «+ tee "Somme JORDAN, et al., ’ 2 Plaintiffs vs. HAROLD 0. SWANK, et al., Defendants. - NOTICE OF PILING To: Attorney General State's Attorney. te 160 North LaSalle Street Civic Center, Room 500 - Chicago, Illinois Chicago, T1linois 24, . -% PLEASE TAKE NOTICE, That on March >-3”, 1971; we filed with the Clerk of this Court plaintiffs' Request for Production: ‘of = ne Documents, a copy of which request is attached hereto! ie ; Sheldon H. Rooc a one of the Attorneys for Plaintiffs Community Legal Counsel 116 South Michigan Avenue Chicago, Illinois 60603 726-0157 eee eee eee “~~ --+?% CERTIPICATE OF SERVICE ae Sheldon H. Roodman hereby certifies that he is one” Sie of the attorneys for plaintiffs in the foregoing matter; and that copies of the attached Notice and Request referred to therein were served on the defendants by placing copies of same in postage prepaid envelopes addressed to the above addressees, and depositing same in the United States mailbox at 116 South Michigan, Chicago, Illinois, this 2€ day of March, 1971. Sheldon H. Roodman/ Re ES ey mi. IN THE UNITED STATES District courT * * ** LG lv FOR THE NORTHERN DISTRICT OF ILLINOIS ° og EASTERN DIVISION ~ _ APRS - £71 1h, STUART CUdINGHAIA | | MTT JOHN JORDAN, et al., Plaintiffs, vs. No. 71 C 70 HAROLD O. SWANK, et al., et ee ee eet eet ee eet ee ee Defendants. MOTION TO STRIKE CERTAIN PORTIONS OF. DEFENDANTS ' ANSWERS Plaintiffs, by their attorneys, respectfully move for an order striking the defendants' answers to paragraphs 30 and 31 of plaintiffs' amended complaint or, in the alternative, deem- ing admitted the plaintiffs' averments in paragraphs 30 and 31. In support of their motion, plaintiffs submit the following memo- randum. Paragraphs 30 and 31 of the amended complaint read as follows: "30. Some eligible applicants for AABD similarly situ- ated to John Jordan applied for AABD benefits in Sep- tember, 1970, and were determined eligible in said month. "31. Some cligible applicants similarly situated to John Jordan applied for AABD benefits in September, 1970, and were determined eligible in October, some “ were determined eligible in November, and some were determined eligible in December, and as a consequence, said applicants began receiving assistance in and for October, November, and December respectively, but not for any period prior to the month in which they were determined eligible." ‘ Defendant Harold 0. Swank, Director, Illinois Depart- ment of Public Aid, answered these paragraphs as follows: "30. Admit that some applications in areas of the state are processed faster than others. "31. Admit that some areas of the state have processed applications swifter than others." These answers are unresponsive to the averments in paragraphs 30 and 31, and either should be stricken, or the plaintiffs’ aver- ments in paragraphs 30 and 31 should be deemed admitted. Federal Rules of Civil Procedure, 8(d). Defendant David Daniel, Director, Cook County Depart- ment of Public Aid, answered the averments in paragraphs 30 and 31 as follows: "30. In response to Paragraph Thirty, these defendants have no knowledge sufficient to form a belief as to the truth or falsity of the allegations; they therefore nei- ther admit nor deny the same, but demand strict proof thereof. "31. In response to Paragraph Thirty-one, these de- fendants have no knowledge sufficient to form a belief as to the truth or falsity of the allegations; they therefore neither admit nor deny the same, but demand strict proof thereof. Plaintiffs submit that the above quoted answer is not made in good faith and that such assertion of ignorance is a sham. It is peculiarly within the knowledge of the defendant David Daniel, Director, Cook County Department of Public Aid, when - applications for AABD made in September, 1970, were disposed of. In Rodriguez v. Swank, defendant David Daniel produced detailed information on the same issue with respect to "ADC" applications.. Exhibit A attached hereto, entitled, “Disposition of ADC - Regu- lar Applications Received by the Cook County Department of Public Aid During August, 1969." Case law on this point clearly supports plaintiffs' mo- tion. In American Photocopy Equipment Co. v. Rovico, Inc., 359 F.2d 745, 746-7 (7th Cir., 1966), a patent infringement case, the court stated: "We hold that, in view of the existing circumstances, this failure of plaintiff to frankly reply on a mat-. . ter, which it, as patent owner and-manufacturer must have had within its knowledge, exhibits a lack of ‘fairness which completely discredits its statement that it is without knowledge or information sufficient to form a belief as to the truth of said‘averment of defendant ... ‘an answer asserting want of knowledge ‘sufficient to form a belief as to the truth of facts alleged ina complaint does not serve as a denial if the assertion of ignorance is obviously sham. In such circumstances, the facts alleged in the complaint stand admitted.'” A similar holding, often cited for the same proposi- tion, is Ice Plant Equipment Co. v. Martocello, 43 F.Supp. 281, 282-83 (E.D. Pa., 1941): "Rule 8(b) of the Rules of Civil Procedure ... spe- cifically authorizes a response of this kind [lack of knowledge or information sufficient to form a beliet] and provides that it shall have the effect of-a denial. -The rule provides no exceptions. This court, however, has held in several cases that the rule does not apply if the fact as to which want of knowledge is asserted _ ds to the knowledge of the court so plainly and neces-~- sarily within the defendant's knowledge that his aver- ment of ignorance must be palpably untrue. In such case, the resort to the formal denial is plainly in bad faith and for the mere purpose of delay.“ : Mes:row’ -To the same effect,Mecirnv. Duggan, 240 F.2d 751, ai (8th Cir. 1957). =-3- _. 69 fp don _ 7 Sheldon H. one of the Attorneys for Plaintiffs Community Legal Counsel 116 South Michigan Avenue Chicago, Illinois 60603 726-0157 ~ ee a Te Es i e . ‘5s rl ~ . °-,; ~ - . Bat. ° . . ae? = s ¢ Me Bu 3 “ o . » Fé cml 3 = ms steeds * ~ ” -*m . s ‘ad pert : ] > COOK COUNTY DEPARTXINT OF PUBLIC AIO oN ag Lo ea te ae acme “ Wee 20 oo comet ere ee. re eh ir. Jetson @. Furray, Assistant Chief From — Shires “P. Mean. Suvesviso: aacen BaTeou of Resources end Lege) Services gaaass Stetistics ent Anclysis : see yee . *. ~*~ ¥ $ ° “ eR : ° . . a os i : =e ‘ . : In eccozisnce with your request for » statistics? dete relative te the-pendins mai )- “ease “Rodriquet vs. Suatk, Federal District Court Case Mo. Ge 2615", ve suiait ‘the following infarction regarding — in Cook ouy for xe-R a the sae of August, 1969: tees . oe ee Coat. : i _ Bamber - Percent renargaaiiee ar ater Percent OF Diez 02 wat geek Tepeals ES a eh ‘228 me re ce Bees oe =a “ . ‘ ¢* 8 * Stion Beective 8/69 651 "28.8 518 “a 133: «39.2 Sipestttoa Séfoctive 9/89 err * 30.0 "963 - 36.6 ms _ AF > oe o—Foateies serectsve 20/85 “386 apa. ao: .@ ae io tice Eetectire 2°/69 13” ; % cn. wee. 1.9 ‘ 27 “al “9 thes 3 ttten Effective 12/ we O06 3° OF 2 Obe o- Dispositions Er. aa mn se oe a =i oe ore ee ee ee ee, : wie, Ee, a ee eRe Pees > SQ EP SET Me SST EE Tite ie : ay? 4 Ri — . ae See Se uu ae ee ap aigiaigicr he ee uty RTS NE. shve “tee Pees es anata > ace mee pert = IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION APRS - 3371 H. STUART CUNNINSAM At, eg ES CiERK JOHN JORDAN, et al., Plaintiffs, vs. No. 71C 70 HAROLD O. SWANK, et al., ee ee ee ee ee ee eee Defendants. MOTION FOR PRELIMINARY INJUNCTION Plaintiffs, by their attorneys,-respectfully move for the entry of a preliminary injunction enjoining the defendants from failing to mail AABD checks or notifications of denial of AABD assistance for aged or blind applicants for AABD any later than thirty days after the date of application and for disabled applicants for AABD any later than sixty days after the date of application, as required by 45 C.F.R. § 206.10, published in 36 Fed. Reg. 3864-65 (Feb. 27, 1971), ‘until this case is finally adjudicated, based ‘upon the affidavit and exhibits filed in support of plaintiff's earlier motion for a temporary restraining order and based upon the defendant David Daniel's submissions to the Court of the December 1970, January and February 1971, reports entitled, Analysis of Registered Applications Pending Investigation, Source : Cook County Department of Public Aid - Form CCPA-264. | Le oS ae : on H. Roodman as : one of the Attorneys for Plaintiffs Community Legal Counsel Sap f, 116 S. Michigan Ave. Chicago, Illinois 60603 726-0157 . §9 UNITE. D STATES PISTRIGT COURT..NORTHERN DISTRICT OF ILLINOIS ° . SF ye : : ca EASTERN 2__ DIVISION to ‘mee trend f A tee a ee Name of Presiding Judge, Honorable £LEXA0—2 J. MAPO?1 “we IC10 pate APR 1519 a of Cause sen heal 0, ewan, { Statement te a ee am 2 weit Lid ital Z: MAN! 2s ree Gr) spe EL: wad ez; ins ¢ ruled of this hae. O.ton require sro ‘to“furnish the names of all parties entitled to “notice of the entry of an order and the names and addresses of their attorneys. Please do this immediately below (separate lists may be appended). Reserve space below for notations by minute clerk ‘J 2 ‘ IN THE UNITED STATES DISTRICT COURT FOR THE NORTHEPN DISTRICT OF ILLINOIS EASTERN DIVISION JOUN JORDAN, by his next friend, JEANETTF BRYANT, individually, and on behalf of all other persons similarly situated, Plaintiffs, vs. HAROLD O. SWANK, Director, Illinois Department of Public Aid; DAVID DANIEL, Director, Cook County Department of Public Aid; EDWARD J. BARRETT, Comptroller of Cook County, individually and in their official capacities, Defendants. This matter coming on for hearing on plaintiffs‘ motion for a preliminary injunction on Count I of the amended complaint, and the defendants having received notice and being represented by counsel, and the Court having considered the amended complaint, affidavits, exhibits, and memoranda presented by plaintiffs, answers and exhibits of the defendants, and also the representa- tions and arguments of counsel for all parties in open court, and being fully advised in the premises; it makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. Plaintiff John Jordan applied to the Cook County Department of Public Aid on September 18, 1970, for Aid to the ae 3 p ae = ai SE a OY I LS ~ Disabled under the Aid to the Aged, Blind and Disabled (herein- after a" Program; and 2. Plaintiff, John Jordan, age shits with the assistance of his friends, cooperated in all respects with the Cook County Department of Public Aid, furnished all information requested by the Cook County Department of Public Aid, and has ton and is eligible for AABD; 3. As of January 14, 1971, the application of John Jordan for AABD had not yet been acted upon by the Cook County Department of Public Aid, and John Jordan had received no assis- tance whatsoever; 4. Pursuant to the temporary restraining order pre- viously entered by this Court, John Jordan was determined eli- gible for AABD(D) and was issued AABD assistance. John Jordan was granted AABD assistance for the month of January, 1971 but ho assistance for any period prior to January 1, 1971; 5. Numerous other persons have made -applications for AABD to the Cook County Department of Public Aid ‘and many such applications have been pending in excess of thirty days from the date of application as to aged and blind ander AABD and in excess of sixty days as to disabled under AABD, with a number having been pending longer than six months; 6. Defendant Harold 0. Swank is the Director of the Illinois Department of Public Aid wk is charged with. statewide administration of the categorical aid programs, including Aid to + WS 62 -3 Lean Sinn >» Pix on Se ; r vv i’ re nay oy | Aap 2nd a this memorandum to the Clerk. tl will not rise to address the Court until motion has been called. ° j ons -__ 84 Oe ee ps : } Ri ood Pat ee 5 Seat 4 ane * Vm hors +e eee . ae oR Mey er THE UNITED STATES DISTRICT COURT ‘2 tne : Ee FOR THE NORTHERN DISTRICT OF ILLINOIS . EASTERN DIVISION JUL 27 B7i : H. STUART CUNNINGHAM JOHN JORDAN, et al., es ENE Plaintiffs, vs. No. 71C 70 HAROLD O. SWANK, et al., Defendants. er et ee ee et ee ee ee ee MOTION FOR ORDER THAT FACTS . _ °° BE TAKEN AS ESTABLISHED The defendant Harold 0. Swank, Director, Illinédis Department of Public Aid, having failed to comply with this Court's order of June 23, 1971, that said defendant produce certain records and documents for plaintiffs' inspection and copying, plaintiffs now move, pursuant to Rule 37(b)(2) and (d), Federal Rules of Civil Procedure, for an order establishing as proven the follow- ing facts: 1. In February, 1968, Harold 0. Swank, Director, Illinois Department of Public Aid received from the Department of Health, Education and Welfare, Handbook Transmittal No. 139, attached here- to as Exhibit A, and knew and understood that the new federal requirement (Handbook of Public Assistance Administration, Part IV, Sections 2200(b) (3) and 2300(b) (5)) for a uniform thirty day maximum for action on AABD applications was mandatory and ay, on the Illinois Department of Public Aid and, that it would be - nchagsel “al effective July 1, 1968. 2. In response to the new federal promptness requirement to be effective July 1, 1968, Harold 0. Swank issued Manual Release No. 68.8, effective July 1, 1968, revising Section 4004.1 of the Illinois Categorical Assistance Manual to provide: "4004.1 Time Standard Except for DA and MA-NG(D) cases which have a time standard of 45 days, the time standard for disposition of applications is 30 days from the date of application to the date the applicants are determined eligible and the effective date of their first assistance or are determined ineligible and receive a notice of denial of assistance...." 3. From July 1, 1968 to the present, Harold 0. Swank has been fully advised and known that substantial numbers of. appli- eants for AABD in the numerous counties of the State of Illinois have not had their applications acted upon and disposed of within the federally prescribed time maximums, and that these delays were not based on failure or delay on the part of the applicants; and for substantial numbers of these AABD applicants determined eligible the effective date of their first assistance was not on or before 30 days from the date of their application, or, for disability applicants, on or before 45 days from the date of their application. 4. From July 1, 1968 to the present, Harold 0. Swank, Director, Illinois Department of Public Aid, was fully advised and knew -and understood that substantial numbers of eligible AABD applicants in. the numerous counties of the State of Illinois were being denicd their entitlement to AABD assistance effective 30 days from the date of their application, or, with respect to disability applicants, . > : effective 45 days from the date of their application, by the operation, implementation, and enforcement of “Sections 8255 and 8255.1-of the Illinois Categorical Assistance Manual which’ pro- hibited the authorization of AABD assistance for any months prior to the month in which the application was approved. 5. From July 1, 1968 to the present, Harold 0. Swank, will- fully and in gross disregard of the rights of eligible AABD appli- cants, knew that substantial numbers of eligible AABD applicants were being deprived, contrary to the requirements of federal law, of their full AABD entitlements effective 30 days from the date of their application, or, with respect to disability applicants, 45 days from the date of their application, by reason of the opera- tion, implementation and enforcement of Sections 8255 and 8255.1 of the Illinois Categorical Assistance Manual. 6. From July 1, 1968 to the present, Harold ©. Swank, Director Tilinois Department of Public “Aid, knew that as result of the Operation, implementation, and enforcement of Sections 8255 and 8255.1 of the Illinois Categorical Assistance Manual that the amount of assistance in initial grants and the eligibility conditions for initial grants for AABD applicants were not made On an equitable and consistent basis and resulted in inequitable and ‘arbitrary treatment of eligible AABD applicants in similar circumstances contrary to the purposes of the Social Security Act. In addition to the foregoing, the plaintiff herein, pursuant to Rule 37 of the Federal Rules of Civil Procedure, moves the court 8'7 for such other and further orders as seem just under the circum- stances, including plaintiffs‘ reasonable expenses, including ' attorneys’ fees, incurred in connection with this motion and the earlier motion of June 23, 1971. : This motion is based on the record herein and upon the affidavit, attached hereto as Exhibit B, of Sheldon Roodman, one of the attorneys for the plaintiffs. Respectfully submitted, G wi Cee Sheldon Roodman sal tae One of the attorne . plaintiffs. COMMUNITY LEGAL COUNSEL 116 South Michigan Avenue Chicago, Illinois 60603 726-0157 eres er -aC TTT Ya tn EDS ris: pis Srey. COURT, NORTHERN DISTRICT OF ILLINOIS 8S tet & ___ FASTEN __DIVISION udae Alexendcr Napoli July 27, 1971 Name of Presiding Judge, Nonorable_2 ase No.-—22-C_70 Date sile of Cause John Jordan, ct al., vs. Harold 0. Swank, et al. _ Motion For Order That Facts Be Taken As Established Bri Stateracnt Motion The rules of this court require couz:scl to furnish the names ef all parties entiticé to notice of the entry of an order and the names and addresses of their ettorneys. Pl2zs2 do this immediately below (separate lists may be appended). Sheldon H. Roodman, Community Legal Counsel, 116 South Names and f arcade Michigan Avenue, Chicago, Illinois 60603 Representing Plaintiffs Names and Attorney General of Illinois. 160 N. LaSalle St.. Chicago Addresses of é other counsel ‘Att'n: Robert. Maloney entitled to - potice and names State's Attorney. Room 500 Civic Center, chicaco, Att*n: of parties they James Rooney represent, Representing Defendants ) : “ : Reserve space below for notations by minute clerk — Phas Yaron tines Lancet rnc ts that Nand this memorandum to the Clerk. . as will not rise to address the Court until motion has been called. —: Li c ooh MAY 1971 AAWD AGED MAG COu.TY OR UISTKICT CFFICE NUE OF APPLICATICNS DISPLSEI CF OUKIKS MONTH LE: ME N WITHIN 2 DAYS 3-10 OAYS 11-30 OaYS 31-60 OAYS 151-160 OaYS 61-90 91-12 121-150 Oays: OaYs DAYS 6-9 MNTHS QeRNTHS OA CVEA 6 200 © 201 © 202 © 203 © 204 *0 205 © 206 © 207 © 208 © 209 @ 212 0 213 @ 24 2 218 0 216 0 217 © 213 © 220 “9 222 a ass NURS. PUME WESTERN MICHIGAN CAKL AND NCP TECAN PARK MANOR KEN2O000 MAD I SGN ENGLEWO0 Ga OFFICE WONCLAMN R TAYLOR H (OAK FOREST GARFIELO CABRINI HN WICKER PRK SOUTHERN 10a 6 WELL ac weLt, 6 5 7 le 7 2s 13 8 6 36 5 1. Ot tee . —— ee = amt WE MAY 1971 : AABO ACEO MAG ae apevicaltens Le WATELIC OIStaicT OFFICE Qunine mon S'onte Bato bbe3® Biko cave cave’ “daea’*. “payee Lares Sanamns © 225 STATEKAY C i i ce © 226 $ SusRuAN ee 2 2 a1 Soy ae : ee -@ 227 HOSP AP sv : 5 1 2: ; 1 a © 22@ LOW. KORTH 2 Br. BN OR ea ea Riss .2 © 229m susie oa Ono Bh TE 6 ee eae 1 onsees “REGION TOTALS... . 635 206 6 229 1 203. 126 oo 6nd ‘ee Ae 1 Yaa) BRO cca ee COOk Totals ~ 635 een tee ee ms Ae 2 cee 8: . eee Ske 2 015 BUREAU £5 eR iio Fae Ait bigde ih ‘ bcbg ee : 1 037 FULTON i Eee ft “eS wr De MAP ae fe ee Bees “2 045 benny ee Mm regs ge oe pO Be aa * 1 056 KNOX : 1 oom is eee es BAD Og os seh eae . 1 067 PARSPaLL 1 a eS ee aga ; 1 080 PEcRtA a gw Oa ee “ee oct ; 1089 ROCK tstan Stowe ee sat 8 prelate geen gael ve : i /. Ay 1 095 Stark a ie eee Oa ee a Ue ie ae 3 C98 WAZEreir 2 re oe re ee a at Bs . , REGION TOTALS -340 7 6 re 4 mst ea : 2 019 CHAMPAIGN | “9 ‘4 4. ; 2 022 CLarx feiss fore 1 Mee, Poe as tint ct * :° . ; © > e 6 “ coal MAY 1971 BAUD AGED MAG ~ MUMnEHe OF APPLICATICNS LENGTH TIT APPLICATION wAS PESDIN¢ crusty oR DUT ha cet ITHIN = B30 1-90-60 Stew «40120 3830180 151-180 6-9 9-KHT HS UISTAICT OFFICE OUKIAG mull 2 0AYS DAYS DAYS, dave Days DAYS DAY'S DAYS MNTHS —s GR CVE 2 031 €0cAK + 8 - 2 -_ 2 033 EFFINGHAM - a % 4 1 i i ; 2 046 IPccLOIS 2 > 1 ° 1 5 Pe ; : : | 2 054 Kanxanee 26 2. 2 a3. 64 3 2 5. $ , 2 63 Macon oo 6 . 2 3 ‘ . ; 2 072 *CLEAN ae i. « . ; B- 2 096 srerey 2 . .. le 3 Do ; we ietes REGICN TOTALS 509 wo. 8 eee See 4 ‘s. s - 3010 scans. a, MO 8k we’ 8g 3 . hoe esha , [= 3 014 eROnx 3 om : «YL ten apade a ea % . -DOlE CASS * 3 re Sa ‘ a ew eo i oe Sek ae 3020 CrRISTIANS ‘4 : 4 eas ‘ea i tae | = @ 3035 cheEne 3 s ° .8 . Ce , te 3 042 FAtiCocK , 2 ., ° 2 e acd ‘ ; 4 : , ; . £&£ 3050 yiasey == «sg 1. 1 s. ee ; yg 3 062 Locan — 1 v's. ; 3 C64 mMaCCUPIN , 1 3 076 MONTCOMERY 1 3 077 KCRGAN 4 3ceseke > . 2 wee it gee AALD ACEO MAG NU43E? CF - LENGTH OF TIMZ APPLICATION WAS PENDING APPLICATIONS wl THIt 2 OAYS O1sP9sCo CF DUAING VONTH CcuNTY Of OISTRICT OFFICE 4 3 CSL SANCAMUN iT) 2 REGICN TOTALS ty 4 O12 CUNO . 025 CRAWFORO 045 05$ 4 065 4 066 4 068 096 FAYETTE JEFFERSON LAKRENCE MAOISCN KAR IGN RICFKLANO ST CLAIR 4 104 WAYKE 7 4 REGICN TOTALS’ , ) S O11 AL FXANOER S$ 036 FAANKLIN ; ; 5S 041 FAMILTON $ 947 JACKSCN ° $069 MASSAC OC, - « Me BORE bee s‘oos NIT 3-10 11-30 31-60» 61-90 = G1H120--AZl-150 =: 152-180 6-9" | 9=¥NTKS DAYS DAYS DAYS DAYS DAYS DAYS OAYS MTHS . ~ OA CVER 3 11 2 29 7 . 1 . : ‘ . . an 3 , ; ° ° 1 . -_ . 2 3 ‘kt 1 a oa , 1074 MERCER aa Ss aa a 3030 PEORIA Cy a ? t Y 6 1 b jase ee 1089 ROCK IsLaN 2G ‘2 1 5 12 i.% 8 4 ope tac au ify i ‘ 7 a | ’ C3 we dl ‘ . te a €) ‘90 ye ; . . f ‘ ; ' eke * & - bal ares ot mr, , a AABO DISABLED MAG ; APPLICATIONS poet CCUMTY O% DISPOSED CF WITHIN §«=©=693"10 = 11=30 31-60 1-90 91-120 121-150 151-160 6-9 9m HS OISTAICT CFFICE OURSAG MONTH 2 DAYS DAYS DAYS Days Days DAYS DAYS DAYS KNTHS OR GVEA - 2 162 WARREN . i . a ! _ 1110 KCaCcrCRD N ‘ * § — ° REGION TOTALS 93 15 as 11 31.0.0 “9. 2 ° 2 2 . 2 019 CHAMPATON 30 5. S. 48 — 3, infra, said applicant must receive a written Statement explaining (a) the unusual circumstances, referred to in paragraph 3, upon which the denial is based, and (b) that the applicant has the right to appeal within sixty (60) days this decision of the County Department of Public Aid, 3. The thirty-day requirement as defined in para- graphs 1 and 2 and in 45 C.P.R. $206.10 (a) (36 Fed.Reg. 3864, February 29, 1972) shall be Strictly complied with except in unusual circumstances, e.g., where the agency cannot” reach a decision because of failure or delay on the part of the applicant or an examining Physician, ‘or because of some acministratiye or other emergency that could not be controlled by the agency,- in which instances the case record Shows the cause for the Celay. 4. Illinois Categorical Assistance Manual, Section 5. That the defendant EDWARD T. WEAVER, Director, Illinois Department Of Public Aid, his agents, including all of the County Departments of Public Aid in the State of Tllinois,ang employees, and all Persons in active concert and Participation with them, are hereby enjoined applied between July 1, 1968 and April 16, 1972, and were determined eligible, as follows: (a) Por those aged and blind applicants whose first full AABD check was not mailed within thirty days from the date of application, AABD assistance for the period beginning with the thirtieth day from the date of application to the date the applicant's entitlement to AABD became dttviitin : (b) (i) For those disabled aboliouits wo ap- Plied between July 1, 1968 ana December 31, 1970, whose first full AABD check was not mailed within forty-five days from the date of application, AABD assistance for the period beginning with the forty- fifth day from the date of application to the date the applicant's entitlement became effective; (ii) For those disabled applicants who ap- Plied between January 1, 1971 and April 16, 1971, whose first full AABD check was not mailed within sixty days from-the date of application, AABD as- sistance for the period beginning with the sixtieth day from. the date of application to the date the ap- Plicant's entitlement became effective. These AABD benefits shall be mailed to those persons cur- reutly receiving AABD within eight months with an explanatory -4~ a letter, said letter having been first approved by plain- tiffs’ attorney. Any AABD benefits received pursuant to this paragraph shall not be Geemed income or resources under Article III of the Illinois Public Aid Code. For those persons not presently receiving AABD: (a) A certified letter (return receipt requested), said letter having been first ap- proved by plaintiffs' attorney, shall be sent to the last known address of the person, inform- ing him in concise and easily understandable terms that he is entitled to a specified amount of AABD benefits wrongfully withheld, and that he may Claim such amount by contacting the County De- Partment of Public Aid at a specified address, within 45 days from the receipt of said letter. (b) If the County Department of Public Aida does not receive a claim for the AABD benefits within 45 days from the date of actual notice to the person, the right to said AABD benefits shall be forfeited and the file shall be closed. Per- sons who do not receive actual notice do not for- feit their rights to AABD benefits ee with- held under this provision. A ene 6. Within 15 days from the date of this decree, de- fendant EDWARD fT. WEAVER, Director, Illinois Department of Public aia, Shall submit to the Court and the Plain-~ tiffs' attorney a detailed Statement as to the method for effectuating the relief required by para of this Decree. gtaph 5, supra, Any disputes between the Parties as to whether the Procedures and Steps outlined by the defendant WEAVER will fulfil) the requirements of this Decree will be resolved by the Court. a 7. The defendants Shall have the continuing obliga- tion to submit to the Court and to the plaintiffs' attorney a detailed monthly report inéicating the number of AABD applications disposed of by lengtf of time from the date of application, for each county in the time for processing AABD applications, until such time that such reports establish compliance ' with the terms of this Order for six months. 8. Defendant EDWARD Tf. WEAVER, Department of Public Aid, Shall issue Director, Iliinois a bulletin of the Illinois Department of Public Aid incorporating the essence judgment within 15 days from the entry °f this thereof. —— ” This judgment shall be binding upon defendants, their officers, agents, servants, employees and their successors, and upon those persons in active concert or participation with them who receive actual notice of the judgment by personal service or Otherwise. ~ 10. The prayer of the plaintiffs for Punitive damages against the defendant HAROLD 0. SWANK is hereby denied, 11. This Court shall retain continuing jurisdiction over this cause for all purposes. ; ENTER: Alexander Jj. fot United States istri Court Dated: Mares, 1S, 14 Tt . a I1lfnols Deparcecnt of Public Aid wen MAG APPLICATIONS DISPOSED EY PROCRAY © omy eg fee + Bumber and Pereent Disposed Within Tice Linits + ~ > e P ° 3 . ad a i ° Pe, , . : og Me ee : ve ADC-C . OAA “BA STATE 9,776 es 43 Ko. in time 9,702 717 Z in time 99.2 95.6.-. 7. * 63.7 . . ae . DOWSTATE _# 4.9625 308 th 99 Bo. in tire 4,617 “ 304 17 z in tine. 99.8 . 98.7 e 85.0 ° a? . ~ CoK , 2°. .§,3S2 442 23° So. in tice 5,085 “413 : 19 z in time : 98.7" ¢ 4 . ' 82.6 REGION 1A ‘. 0" = iar hae Ko. in tine 28 = Z in tive 100.0 100.0 100.0 REGICN 1B 658 ge ga oF, Ko. in tine 68 33 Pe ae Fo. z fa tine 100.0 a 100.0 % 100.0 ; FECIOR 2 : 960- - 4 : 9 Ko. in tine oo dba he ies De {Z in tine 9954 . 95.9 * 66.7 ae RECO 3A sss -e* Sts Ko. in tice 555. 38. 2 Z in tize 100.0 .* 100.0 + 100.0. REGION 333i; 399 Leper a 2 iXo. in ti ease Me Et ae Ke i= gn a. I So We” ee “arora eee ee ‘Ko. in tie 825 eee Se ia tine 100.0 300.0 100.0 . hie. pe gee aan re Lictox $ "$80 o -: oe a “° | .- 357. 784 . Te. in tize $80 I ee Pca: eae 784 4% tice -200.0 "200.0 .. 100.0 - - * 100.0 100.0 — ei Wiis ‘ - an. wad * os ~} Pa Rie ° . © + cha Be ~ eile Sm we eo! Se ee bwense: -_— - soo ome —— i _ 5 ‘ Miduols Sryncecent of Public Ald f ein MAC, APPLICAT US HISTOSED BY PROCRAY ; | [. : ‘ | Rucber and Percent Disposed Within Thee Lintes } ” ap , Pobruiry 1973 : a . ; e . ' oe - 23 ' w a 2 " 325 rid ae ea 12,002 | j tine . 97.6 Ff 9 fo 8S OT: 98.71 wciow An * ggg: Nw. ott: . ; Vee el Xo. in. tine “399 139 Zintiwe ... 99.8 —— ice , 6 ome > we one “ ; : | 8 Yr ONN:. OFN OF TOTAL APPLICATIONS ACTIVITY pees POR THE MONTH OF MAY, 1973 4 —_— ye :: ISPOSITIOoNS : RENDING ATE a Sa om? aS Received - | On Harié—|—Total -— io —tess—— ‘ é' Brought Durii Duri Duri: Transfers | - | Than ; oug ng ag ng . | BRSIRICT OFFICES Torwaré | Month Month Month Approvals ‘| Denials Out ____|_—Total—}—31-Days— SY TOTAL Witter ee 15,894 29,923 | 25,472 20,629 4, B40 2 * be 7 , eee eee BA GS a ee eS 5 ahaa EE BS wer ih ATCELD GARDENS = --e-— 19° - 32 Sl 33 26 ; : ge, By e : yo a ; GeSRINE HOMES dg 62 67. 62 ae ae SE : ae a . EXCLEwood Pat ig - in * 867 2,038 80% 600 204 ‘4 ag , Ge RFTELD Ae ge 101 7. : 475° 333 231 ie e- § 120 6 | HI NRY HORNER aed f ~: _ KENs200 bn ght ak 90 3x ie 266 187 79 . 146 » ae ..: 1 UNT SORTR it Se ey Be ee bbs " 62 : bo “277 bP cu oS Re (Se = oF: wOISoR mg , 3 290 323 * 307 * 2h3 - £ ae. 16 ...*. 2. |. "* socurcan ee om 2 a4 62 2% * — Bho mo : - ae 3 - : RORTHERN y 18 : 1,53 2,450 2,152 ‘ gj 89 -- * OX FOREST HOSPITAL Re Se To Bs Ee Bee é . n , @XLAD are ow ee? p32 .. oe & S 204 72 ‘es 102 62 ‘} BARK MANOR sy fs 99 . 456. 35 : 302, . 105 ‘ 8, 147. + SCUTHERR 298 2,163 2,455 ° | 2,026 368 430 re 427 423 . S(UTS SUBURBAN "s 481 667 47 1 232 a 293 «| 157 RiBERT TAYLOR RQES “© -]- wh 87 201 # 95 2: 5 3. - ¢ WAS, MBS +t ‘J i 5e 2) 53 50 Resear ’ ' 6 * SiST SUBURBAN 229 Ae 219 162 57 ne z si STERN , 63 5TT 640 - 553 334 219 (or ok 4 ; / NCSER PARK 5. -70 fF 00 : Tm | +676 550 4 ae nd A] .* WOODLAMR ; : 79 248 327 25 225 : -———— |, 68 : / GSTRAL ASSISTANCE : 553 2,718, 3,272 2, 2,222 563 .. . $87 STT ‘ ) SEREINS HOME SERVICE 260 - 329+ 489 318 153 . 1235 an 152 ' WACLD ICKES HOSS 4 +, 62 . 6 59 ye Pane EB JE, & é wg RCSPELL CARDEKS ~ : i! Meee 35 28 7 é : : SVATEVAY GARDENS se 13 » ezer SUBURBAN SESTERN SICLER PARK ~ t SICDLALY *e-y GESERAL ASSISTANCE. i ! C20: COUNTY HOSP. SERV, te exe a row tow = ~ . re) : + Pest. ares a eS Sete Blt. a -+ . . - « Pie RwwP w ~~ : - ee pe ind ‘. owe. “* ‘ sg —— +! | CPA Torm Pars 18 * ooers (Rev. 2°72) i — - Page 3 of 9 Pages ge Pd ‘ . . tds Foi oe | ene pepmem | chelit Sel 4 . . 2 eae eet bende em OF FUBLIC ALD bes Accs eS See ee RESEARCH AND STATISTICS ee ee p See. ‘ ; it ee REPORT OF DA APPLICATIONS ACTIVITY —_ : FOR THE MONTH OF MAY, 1973 at : sa ; =e, DISPOSITIONS PENDING AT END o . ‘ Received |~On Hand | Total vies. tial aks Sits” RAF Seta oe » * _ Brought | During “| “During-—~| ~During Waste |~ than | 31 tH { Z SIRICT OFFICES Lorveré | Month Month Month Approvals. Denials Out Total 31D 60 De I ren TC (i ear | 2m | eas | ate | (ke Hiri 2% 538 36 .' oe . Me we ee 3 ? 443. ee ee i A.TCELD GARDENS ie ee “se 2 ae - é r ga cqunemesiiatiin SNe ith ——s Snails —— =. c Saist HOSS 2°: om o- 4 oo * t H, es T° - ' ESLESOOD vie 3 . : . 2 GARTIELD ae B A eer : ee; wt 60 ee ees 30— ve ee es “ic dt we lie? ‘02 6 6 |.» aa - 2 K:8K009 tte eg shee ~ : j ie F LER NORTH pie vee 2° 36h _ 273° = mt. 3 oe % D1SO% —_. . me Tf oe 110-2 |. 7 a) 35 iz 9 gm |: ewe M.CRICAN ** teats hi ¢ 104 i - 104 90° ily, Sag de 7 aie os +d MMTMERM gs : 350 366 a a 292 55 19 9 . 9 ©& FOREST HOSPITAL 4 “33 a 13 20 3 Be . , OkLaD ; gz 147 196, 95 - ° uu ii é Pew. ° ; 3 - a 2 R + ef 32 32 . : SUTKERN - ; ; , ' ' . “\ STH SUBURBAN , 6. i-_ 159 73 ae LP. : B ; B 2% + ROPERT TAYLOR HOMES 2 Hf 2 un ee cn TA 3, WELLS ees to ne oe pe eee Ea SED 2 a: | WIST SUPURBAN ' ee e. et ae 50 37 23°} shin 30 25 $s $. WSTERS 12 103] ,»! us 100 59° . Tree eee 15 15 ‘ S.CKER PARK pbs 184 , 19 , 168 132 . 36 oa? = ~ ! SOU LAM 4 . & 3 A B .. ae ; : —— uv : : GXERAL ASSISTANCE 4 : ae : / °° SIRSING HOME SERVICE 35° 94 120 % a ‘20 ° 54 ip ub / - WOLD ICKES HOMES 2 . » i 8 7. 2 2 2 | RESELL CARDEXS . af Pes. ‘ ; 9 . hs... & ‘ S CATEXAY GARDENS ' ee -& 7 2 1 2 2 + 4 KOSPITAL ASST, SERVICE ° ‘eo -@.1. we: 4. a ~— Ig 22 un 9/2 _ CXF CORTY HOSP. SERV, Bist fee es Or. 4 ' PISTECTIVE PAYEE Fe 5 ite een a i a (~ C°?A Tora PA-$ 18 (Rev. 2-72) , « Paged Of9 Pages a/T3 Be : at Be Edit ae s - ‘ erry am. > © cee sine eee cane - +. come Or” ' . ; Bo : / * BOODLARN “"? GENERAL ASSISTANCE ' | SRSING NOME SERVICE «| - S:ATEKAY Gapexs } MOSFITAL ASST. SCAVICE ° “*" PROUECTIVE PAYEE COOK ‘4 quam a eee paatmemnees santtaiies Sn! ed os Bef atts, POR THE MONTH OP MAY, 1973 ° — m-> RISPOSTTIONS PENDIZ S'CTH SUBURBAN - 371° 301. im Sake er > ' ROECRT TAYLOR HOMES - WA B, WELLS netiyy ' , : rT be Total 60 iat en is) 16 4,908 5.678 | 4m. | 3,366 | 2,827 - - 7 sot ..6 i JENS ADDAMS + Eilean @ 17 16 15 e | 8 2 . . FT = sd , =SSTERN + 339 2 ni } —* MARCLD ICKES HOMES EHWELL GARDENS Pt eee a” * hee *, * “Be: S270 Pitas - eee nt i owcrereees Cd0% COUNTY HOSP; SERV. ~~ ue, BERG IESE, Sakeetieee | ry z es Gero uBslte tes, Sout ‘ BE nw ' ERESY ow Bae ee 38 11 Bewn SBREY '' rss, S8BES bS ve BGRE. a8 . 1 BE pws FRESE ew SESE Kee SUM Ue 8 840 89 8 1-8 8-0 8 8% ”“ , GPA Form PA-S 18 (Rev. 2 ~}- 4,524. | 3,749. 2,890 858 | 2. 754 e JUT AAS 2° 16 1B 16 | wa 2 'eoae ok 2 eet! ATCELD GARDENS - 6. i aoe 20 "5 oo 2° 2 —} Cull HOGS me Soe, 2 _ 20 20 . P ee 2 ' ENGLEWOOD Bie 0) eee 23 me 157 : 153 7 36 iy + . G RFIELD cs’ 4 : ° 103 * 8 72 n Ris . 2 19 2 K'NY HORNER et Sey uw. ate o. Se oun 5 .** : K°K.00D ‘ Ww... 71 85. -. 60 - 20 Je up 25 25 L-STR NORTH nae 228 - a eae” Se ee eee eee tgs ar Gre 7 - MDISCH ares +, an ce 8 * 56 7 oA ey ee 3 . WCMICAN 2 | the 83 . "89 69° of , jr ae u . ep -) see 2166 igi 2 2 we 22 * ON FOREST HOSPITAL vaya « ‘ wh oe ; OWLAND ae 81 9% en n°) uw eee 2 ee PARK MANOR 0 oe 48 55 33°. i g -.. 22 22: $ UTHORN ' 30. 175 205 ~ 153 9° 62 ips ee tee 32 , SOUTH SUBURBAN of is) et A . Miike” i "etal e RJEERT TAYLOR HOMES 3 : 3 * 30 “3 32 31 ; % 2 3 iA B, WELLS ‘ Pa ee eee u uw Lome pea ,; SST SUBURBAN CN, ee eee Be. Siew. Yh Re : SISTERS 27 oa 116 85° 32 a 8 ae WiCHER PARK : 20 194° : 1b * 104 89 wu ‘a 20 ei ¥ ODLARN . wh. 39 af - by 43 2 — al mt GATRAL ASSISTANCE 599 2,339 2, 2,310 1,757 553 : : ; » S'RSINS HOME SERVICE : . ; ae Pee RRCLD ICKES. HOMES p ae 16 . a7 .° 16 10 6 ok Pee Sed “Ae Oe R KiMELL GARDENS $:*16 Se ee. 8 ee 7 2 a Gs: ; SlaTEWeY GARDENS a * @- Qu: a F | 3 ‘ 12 12 HOSTITAL ASST. SERVICE’ o 5 oe ae : _ * “2 2- " CXS COUNTY HOSP. SERV, ee poet ce 3 } me FACTECTIVE PAYEE ws a a ans F C:P+. Jorm PAeS 18 (Rev. 2-72) * ° es re *.« * Pages of9 Pages #136 . ee Fees See . ee ee eee eee ee ab: COOK COUNTY DEPARTMENT OF PUBLIC AID formate ee ee Por re RESEARCH AND STATISTICS : Fit kee REPORT oF Mi-¥0 seritcartons AcrzviT (Beept DA ‘Qirg ce: ar ae ‘ie . Bare FOR THE MONTH OF MAY, 1973 pce rs sls as ‘os . : j “ io ¢ ; DISPOSITIONS PENDING AT END OF oe + ig «. -Neceived | On Hand__ |” Total : 4 (ae * LaN = + GISIRAL ASSISTANCE: -Y-BURSINS KOE seavice 1, EARCLD ICKES Hoses ' —s- RXYWELL cannens ; SVATESAY GaRbess | +EWSFITAL ASST. szavice ‘ CCX COUNTY HOSP. serv, PCIECTIVE PAYEE , SS wre SSRY ee _- . n u eR - Ls _ 2 . Fe ee eee ee ’ ' be cbeRinbacttes é Herd © Bwowr SReoSurk Por Ba. en oe ; . BE 8 wBowe Bok. 8K , 8B eg rBunnBtoswne 4 BE... Ba 3 se tif C-%s Form Pa-$ 18 (Rev. 2-72) eat bd) Page S of 9 Pages #138 a eles eae ; Se a : ety =. ‘ i , : o ‘ ; Li ay one pa SES a onto Bo ; F p : ~ * s ok a e “ : 1’. ee oe Pee TR Ti TI al Soe ae ° 8 CO ee des eee Sh! ive oe Se ee th Oe ats ee Bee ey a EA Beek Sasa eee eee gee igkNG PER AP ie ‘AD ipa ae + ATHERN . * ‘ : . : . ia ; ; at - Py ae 3 7 “ . > ss rr FOREST OSPaTAL, OAKLAND anne rie ‘ ; Pakk MANOR.” a ere | SOUTHERN Ja! “ia ; $ 2K SUBURBAN eee Sake Bre RYETRT TAYLOR — ‘ ete 4. S-NERAL ASSISTANCE ee er, ee oe aie mi . ‘s - cers elas BRING HOME SERVICE. Pee BP Aaa RE” bie 4s baie : eee eee HULD ICKES HOES kt. << ae ye bane pe re fs we 25 Giri dat? cay ie RXKSELL CARDENS sat a ee Ey ee pt ees oe ow , NOSPITAL ASST. SERVICE sg a) * pa i et) ee 128 ae ; CXR Coury Hosp. szav.e . | 502 -%417 |} 999 322 677 418 322 eis PAOLECTIVE PAYEE ieee My Teas : ine : i | CoP Porm PaS 18 (Rev. 2672) | ¢ rs Fr Page 9 of 9 Paae 1? 139 , | — : ‘ ‘ oony- eoolht. .. =. cwne:s eomnepes anny enn -o