Judge puts hold on DSHS trimming benefits

Forcing poor families with disabled children to count federal disability payments when determining their income would cause "irreparable harm" to low-income disabled children, a U.S. District Court judge ruled Monday, putting a temporary hold on a state rule change.

The Department of Social and Health Services rule, which was to go into effect Tuesday, would have forced thousands of families to lose benefits from the Temporary Assistance for Needy Families and the State Family Assistance programs, argued lawyers for disabled children and their families.

U.S. District Judge James Robart said that if the new rule were allowed to go forward, those families would be "unable to provide appropriate ... medical care for their minor children with disabilities" and the children would suffer "significant, even life-threatening, adverse health impacts, including hospitalization."

When faced with a conflict between financial and budgetary concerns and "preventable human suffering," the judge wrote, "the balance of hardships tips in the favor of preventing human suffering."

A hearing on the temporary injunction will be held March 21.

Carol M. Ostrom: 206-464-2249 or costrom@seattletimes.com