Friday, April 9, 2010

Pennsylvania court rules that food stamps can't be used for service dog

From CANVAS STAFF REPORTS:


An unemployed, wheelchair-bound veteran can't get food stamps for his service dog a Pennsylvania court ruled April 6.

Phillyburbs.com reported that James Douris lost a yearlong court case after a three-judge panel determined food stamps are for humans only.

Douris wanted to have his male boxer listed as a dependent in calculating benefits. In February 2009, he appealed a Bucks County welfare office decision that granted him $176 a month in food stamps, saying the amount was not enough to feed himself and the dog. Douris later testified that he feeds the animal human and pet food, but argued the animal pulls his wheelchair around, thus requiring supplemental nutrition.

"I was pretty disappointed," Douris, 55, told Phillyburbs.com after the ruling. "He's my right hand. I can't live without him, really." The dog, which Douris has had for four years, also fetches items for the Newton resident.

In the Commonwealth Court's decision , Judge Renee Cohn Jubelirer wrote: "This Court is sympathetic to Petitioner's argument that his service dog is a necessity for him due to his disability, and that he lacks the funds to properly feed his service dog. We hope that there is some other state or federal program that might provide for the maintenance and upkeep of Petitioner's service dog."

However, extending benefits to the dog would fundamentally change the food stamp program, Jubelirer wrote.

The court's ruling upheld the state welfare department's decision.

Pennsylvania Department of Public Welfare spokesman Mike Race said the agency is sympathetic but "as the court noted, federal law is 'unambiguously clear' that food stamp benefits are intended for humans only."

Douris said that he plans to appeal.