Perdue v. Gargano
Indiana Supreme Court
964 N.E.2d 825 (2012)
- Written by Samantha Arena, JD
Facts
Sheila Perdue (plaintiff) had severe nerve damage in both ears and regularly wore hearing aids. Perdue’s ability to hear over the phone was limited, and she could not have a conversation at all without aids. After years of receiving Food Stamp and Medicaid for the Disabled benefits, the Indiana Family and Social Services Administration (FSSA) (defendant) informed Perdue that she must participate in a telephone interview to recertify to continue receiving benefits. Because Perdue had trouble hearing during the interview, she asked if an in-person interview could be scheduled. Perdue’s request was declined. Thereafter, Perdue visited a nearby FSSA office to request assistance completing the recertification forms. Perdue did not receive help. Perdue sued, arguing that the FSSA violated her rights under the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA). The trial court agreed with Perdue, ordering the FSSA to provide Perdue with a caseworker or case-management services. FSSA appealed.
Rule of Law
Issue
Holding and Reasoning (Dickson, J.)
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