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Brooklyn man wins court battle to collect entire $10K lottery prize that he won in 2007

New York LotteryNew York Lottery: Brooklyn man wins court battle to collect entire $10K lottery prize that he won in 2007
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ALBANY, N.Y. — It took a while — and a decision by the state's highest court — but a 69-year-old Vietnam vet from Brooklyn, New York, can finally enjoy all his 2007 lottery winnings.

The Court of Appeals ruled Thursday that state officials were wrong to claim half of Walter Carver's $10,000 lottery jackpot as a reimbursement for public assistance benefits he received years before he bought the winning ticket.

"We are thrilled," said Carver's attorney Susan Antos. "This has been a long battle."

Because Carver received public assistance through a welfare-to-work program from 1993 to 2000, the state claimed it was entitled to appropriate half of his winnings from the scratch-off lottery ticket as a reimbursement for the benefit payments.

Carver challenged the move in court, arguing that because he worked for the benefits he should be treated as an employee and afforded federal minimum wage protections.

The state's interception of the lottery money, Carver argued, meant he was effectively paid below minimum wage for the work he performed for the government.

In a 4-2 decision, the Court of Appeals agreed with Carver, ruling that he was "no volunteer. He worked full-time in the WEP program because he had to if he wanted to receive his needed benefits."

Carver, who lived with his brother in Gerritsen Beach at the time, lost his Wall Street clerk job in the early 1990s and received about $150 a month in the welfare-to-work program. He had to shovel snow, sort mail, sweep sidewalks and do other menial tasks.

"You can't require someone to clean the Staten Island Ferry terminal or do any kind of real work and then say you also owe us back for the public assistance we paid you," Antos said.

Kristi Berner, a spokeswoman for the state's Office of Temporary Disability Assistance, shrugged off the court's decision.

"This case precedes the current administration, and OTDA plans to cooperate fully with the decision," Berner said.

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16 comments. Last comment 1 year ago by HaveABall.
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noise-gate's avatar - images q=tbn:ANd9GcR91HDs4UJhjxO7cmeMQWZ5lB_FOcMLOGicau4V74R45tDgPWrr
Bay Area - California
United States
Member #136477
December 12, 2012
4106 Posts
Offline
Posted: November 24, 2015, 12:57 pm - IP Logged

Yes!!! ....Now about Susan's share.

People who say it cannot be done should not interrupt those who are doing it- George Bernard Shaw.

    music*'s avatar - nw bookeep.jpg
    Happy California
    United States
    Member #157856
    August 2, 2014
    1513 Posts
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    Posted: November 24, 2015, 2:42 pm - IP Logged

    How much in New York State taxes did this agency waste?  They should have settled this case out of court a long time ago. 

     One win for Freedom.

    US Flag

     I've been rich and I've been poor. Believe me, rich is better. 

     Attributed to Joe E. Lewis and others

      haymaker's avatar - Lottery-012.jpg
      Egg Harbor twp.south Jersey shore
      United States
      Member #112968
      June 29, 2011
      3854 Posts
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      Posted: November 24, 2015, 4:08 pm - IP Logged

      How much in New York State taxes did this agency waste?  They should have settled this case out of court a long time ago. 

       One win for Freedom.

      US Flag

      I hope they have to pay his attorney fees also, he should never have been denied the $

      although he was on public assistance he was working for it and not just some welfare loafer.

      And he is a veteran to boot.

      Extraordinary Popular Delusions & the Madness of Crowds    -- Charles Mackay  LL.D.

        mypiemaster's avatar - 2015021003pileofcash
        JACKPOT HUNTER

        United States
        Member #141034
        April 2, 2013
        1408 Posts
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        Posted: November 24, 2015, 5:29 pm - IP Logged

        They should also pay him interest on that money, plus penalty for all the aggravation, not to mention all his fees. These guys are looking really small right now, trying to screw a veteran for a few pittance.

        Seek and ye shall find -Matt. 7:7 ...Ask and ye shall receive -John 16:24 ...Give and it shall be given unto you -Luke 6:38 ...Be careful what you ask for!!! -Mypiemaster 1:1

        Having Money Solves Problems That Not Having Money Creates Yes Nod ****John Carlton****

          travelintrucker's avatar - morph
          Greenville, SC
          United States
          Member #169870
          November 4, 2015
          374 Posts
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          Posted: November 24, 2015, 6:10 pm - IP Logged

          I've known that politicians are greedy. However, this goes beyond greed in to cruelty.

          May the balls bounce in your favor!

            Avatar
            Phoenix, AZ
            United States
            Member #108844
            April 1, 2011
            28 Posts
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            Posted: November 24, 2015, 7:54 pm - IP Logged

            They should also pay him interest on that money, plus penalty for all the aggravation, not to mention all his fees. These guys are looking really small right now, trying to screw a veteran for a few pittance.

            I  agree with your post mypiemasterI Agree!

              maximumfun's avatar - Lottery-030.jpg
              Lavender Rocket

              United States
              Member #124616
              March 16, 2012
              2642 Posts
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              Posted: November 24, 2015, 8:06 pm - IP Logged

              They should also pay him interest on that money, plus penalty for all the aggravation, not to mention all his fees. These guys are looking really small right now, trying to screw a veteran for a few pittance.

              I Agree! also!

                Avatar
                Kentucky
                United States
                Member #32652
                February 14, 2006
                7308 Posts
                Offline
                Posted: November 24, 2015, 11:59 pm - IP Logged

                It's really a shame when somebody is given the arbitrary authority to take someone's lottery winnings, but at least this time the appeals court got it right.

                  Gleno's avatar - Lottery-001.jpg
                  New Jersey
                  United States
                  Member #80354
                  September 25, 2009
                  705 Posts
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                  Posted: November 25, 2015, 9:07 am - IP Logged

                  Good for him. Persistence has paid off again.

                  Does his lawyer gets a third of the prize as her contingency fee?

                  Coffee

                    fancyone29's avatar - Lottery-008.jpg
                    brooklyn ny
                    United States
                    Member #99795
                    October 31, 2010
                    554 Posts
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                    Posted: November 25, 2015, 2:32 pm - IP Logged

                    It took a while — and a decision by the state's highest court — but a 69-year-old Vietnam vet from Brooklyn, New York, can finally enjoy all his 2007 lottery winnings.

                    The Court of Appeals ruled Thursday that state officials were wrong to claim half of Walter Carver's $10,000 lottery jackpot as a reimbursement for public assistance benefits he received years before he bought the winning ticket.

                    "We are thrilled," said Carver's attorney Susan Antos. "This has been a long battle."

                    Because Carver received public assistance through a welfare-to-work program from 1993 to 2000, the state claimed it was entitled to appropriate half of his winnings from the scratch-off lottery ticket as a reimbursement for the benefit payments.

                    Carver challenged the move in court, arguing that because he worked for the benefits he should be treated as an employee and afforded federal minimum wage protections.

                    The state's interception of the lottery money, Carver argued, meant he was effectively paid below minimum wage for the work he performed for the government.

                    In a 4-2 decision, the Court of Appeals agreed with Carver, ruling that he was "no volunteer. He worked full-time in the WEP program because he had to if he wanted to receive his needed benefits."

                    Carver, who lived with his brother in Gerritsen Beach at the time, lost his Wall Street clerk job in the early 1990s and received about $150 a month in the welfare-to-work program. He had to shovel snow, sort mail, sweep sidewalks and do other menial tasks.

                    "You can't require someone to clean the Staten Island Ferry terminal or do any kind of real work and then say you also owe us back for the public assistance we paid you," Antos said.

                    Kristi Berner, a spokeswoman for the state's Office of Temporary Disability Assistance, shrugged off the court's decision.

                    "This case precedes the current administration, and OTDA plans to cooperate fully with the decision," Berner said.

                    News story photo(Click to display full-size in gallery)

                    Good for him that is so true the state will take your lottery winnings for past public assistance received I am glad he fought it . 

                    FancyNancy

                      ekem6078's avatar - winter
                      TN
                      United States
                      Member #88776
                      March 23, 2010
                      2204 Posts
                      Offline
                      Posted: November 25, 2015, 9:18 pm - IP Logged

                      They should also pay him interest on that money, plus penalty for all the aggravation, not to mention all his fees. These guys are looking really small right now, trying to screw a veteran for a few pittance.

                      I Agree!  This guy was a Veteran of the USA for heaven sake.  He shouldn't even have to worked those pitted jobs to make a living.  Being a Veteran, at that time too. Come on.  This is so sad how our government is treating past Vets. They served our country and them after retirement this is how they are treated. Come on Man.  We got all these illegal people coming to the US, and getting free government assistance, and don't have to pay a dime of it back. They even don't have to pay the irs for taxes on their job payroll for x amount of years.  Then here's this guy, who serviced his country many years ago, go through hell trying to get a simple win from a d.. scatch off ticket.  It's a d.. shame.  But that's the great USA. home of the free and the brave.   jmo.  CONGRADS ON YOUR WIN MAN YOU DESERVE IT AND MORE.

                        ekem6078's avatar - winter
                        TN
                        United States
                        Member #88776
                        March 23, 2010
                        2204 Posts
                        Offline
                        Posted: November 25, 2015, 9:24 pm - IP Logged

                        It's really a shame when somebody is given the arbitrary authority to take someone's lottery winnings, but at least this time the appeals court got it right.

                        This man shouldn't even had to go though this at all.  I hope he has a good lawyer and THEY CLEAN THEIR CLOCK to where he wont have to work another day in his life.

                          ekem6078's avatar - winter
                          TN
                          United States
                          Member #88776
                          March 23, 2010
                          2204 Posts
                          Offline
                          Posted: November 25, 2015, 9:27 pm - IP Logged

                          Good for him. Persistence has paid off again.

                          Does his lawyer gets a third of the prize as her contingency fee?

                          Coffee

                          His lawyer should not get a dime of this mans money.  They should pay all his attorney fees, and MORE.

                            Teddi's avatar - Lottery-008.jpg

                            United States
                            Member #142499
                            May 13, 2013
                            1182 Posts
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                            Posted: November 25, 2015, 10:46 pm - IP Logged

                            Who came up with, and who voted to approve this law? This wasn't a loan. And if they approved for this type of recompense, then why only on lottery winnings? If he'd gotten a job and was given a $10,000 bonus, or received an inheritance, or had penny stocks suddenly turn a massive profit, would those have been garnished?

                            The government treats lottery wins like it's an income and hijacks taxes from it because of that, then they want another bite of it if a winner has ever received assistance? We have billion dollar companies sending jobs overseas while still raking in tax benefits and they hound a veteran for $5000???

                            Welfare is not supposed to be anything other than an economic safety net. A short term assistance for those who've experienced a financial hiccup. Even if he hadn't worked for his assistance they still shouldn't have been entitled to a penny of his win. 

                            What kind of Indian giving BS is that?

                            I might wake up early and go running.  I might also wake up and win the lottery.

                            The odds are about the same.