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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Yes!!! ....Now about Susan's share.
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.
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.
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've known that politicians are greedy. However, this goes beyond greed in to cruelty.
I agree with your post mypiemaster
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.
Good for him. Persistence has paid off again.
Does his lawyer gets a third of the prize as her contingency fee?
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 .
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.
His lawyer should not get a dime of this mans money. They should pay all his attorney fees, and MORE.
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 agree, travelintrucker! All of these government workers, politicians, and lawyers displayed true heartlessness, crulty, and understanding of the labor and dignity loss of what WORKING these very low paying jobs entailed. I feel disguested when I learn of these occurrences.
No, ekem6078, the dwindling few folks who pay their N.Y. State Income Taxes (without large year-end reimbursements) shouldn't experience their funds going to pay for such a thing!
[Regardless, I don't think this winning gentlemen requested more than was his lottery win amount though.]