Lukhard v. Reed
Opinion of the Court
announced the judgment of the Court and delivered an opinion, in which The Chief Justice, Justice White, and Justice Stevens join.
In this case, the United States Court of Appeals for the Fourth Circuit held that a state social-services agency could not lawfully treat personal injury awards as income when determining the eligibility of families seeking Aid to Families with Dependent Children (AFDC) benefits. Reed v. Health & Human Services, 774 F. 2d 1270 (1985). The United States Court of Appeals for the Seventh Circuit has reached the opposite conclusion. Watkins v. Blinzinger, 789 F. 2d 474 (1986). We granted certiorari to resolve the conflict. 477 U. S. 903 (1986).
I
Under the AFDC program, participating States that provide financial assistance to families with needy, dependent children are partially reimbursed by the Federal Government. 49 Stat. 627, as amended, 42 U. S. C. §§601-615 (1982 ed. and Supp. III). Although the States are largely free to determine the appropriate standard of need and the level of assistance, they must administer their assistance plans in conformity with applicable federal statutes and with regulations promulgated by the United States Department of Health and Human Services (HHS). Those statutes require States to consider a family’s “income and resources” when determining whether or not it is needy, 53 Stat. 1379, as amended, 42 U. S. C. §602(a)(7)(A) (1982 ed., Supp. Ill), and prohibit them from providing AFDC benefits for any month in which either income or resources exceed state-prescribed limits (subject to a federal ceiling), 95 Stat. 844, as amended, 42 U. S. C. §§ 602(a)(7)(B), 602(a)(17), 602(a)(18) (1982 ed., Supp. III).
Because income eligibility and resource eligibility are separately computed (and also because state limits for the two generally differ), whether and for how long a family that acquires a sum of money is rendered ineligible for AFDC bene
Because the OBRA amendment applies by its terms only to income, the distinction between income and resources took on new importance. If a given sum of money were treated as a resource, the family that received the sum would be ineligible only until it spent enough of the sum to bring its resources down to the State’s resource limit; but if the sum were treated as income, no matter how much was spent, the family would remain ineligible for the statutory period. In response to the OBRA amendment, the Virginia Department of Social Services (the agency responsible for administering Virginia’s AFDC program) revised its regulations to
Respondents, who had received personal injury awards and were disqualified from Virginia’s AFDC program for varying periods pursuant to Virginia’s revised regulations, filed a class action against the Secretary and petitioner Lukhard, the Commissioner of the Virginia Department of Social Services, in the United States District Court for the District of Western Virginia. They alleged that treating personal injury awards as income was inconsistent with the federal AFDC statute, and they sought monetary, injunc-tive, and declaratory relief under Rev. Stat. §1979, as amended, 42 U. S. C. §1983, 5 U. S. C. §§701-706, and 28 U. S. C. §§2201-2202. After certifying a class of those whose AFDC benefits had been or would be decreased as a result of Virginia’s revised regulations, the District Court granted summary judgment in the class’ favor. It held that the common meaning of the term “income” precluded application of that term to personal injury awards, and that it was irrational for Virginia to treat personal injury awards as income but at the same time treat awards for property loss as
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Respondents principal contention is that Virginia’s revised regulations are inconsistent with the meaning of “income” and “resources” as those terms are used in the AFDC statute. To support this argument they first advance the broader proposition that it does violence to common usage to interpret “income” to include personal injury awards. This argument begins from the premise that since personal injury awards are purely compensatory, they do not result in any gain to their recipients. And since both general and legal sources define “income” as involving gain, see, e. g., Webster’s Third New International Dictionary 1143 (1976) (“a gain or recurrent benefit that is usu. measured in money . . .”); 42 C. J. S., Income, p. 531 (1944) (“In common speech ‘income’ generally is understood as gain or profit. . .” (footnote omitted)); Eisner v. Macomber, 252 U. S. 189, 207
Respondents also seek to derive support from the fact that personal injury awards are not treated as income under the Internal Revenue Code, the Food Stamp program, or the HHS poverty guidelines. See 26 U. S. C. § 104(a); 91 Stat. 962, 7 U. S. C. § 2014(d)(8); 48 Fed. Reg. 7010, 7011 (1983). But in each of these instances there is an express provision that personal injury awards are not to be treated as income— which causes them not only to fail to support the proposition that the term “income” automatically excludes personal injury awards, but to support the opposite proposition that absent express exclusion it embraces them. Moreover, the fact that Congress was silent in the AFDC statute but has elsewhere been explicit when it wished to exclude personal injury awards from income tends to refute rather than support a legislative intent to exclude them from AFDC computations.
Respondents’ next contention is that Virginia’s treatment of personal injury awards is inconsistent with the administrative and legislative history of the AFDC statute. They first argue that for many years, and at least until 1981, HHS in fact took the position that personal injury awards were not “income” under the AFDC statute. But the materials upon which respondents rely do not support this contention, and indicate at most that HHS took no position on the question. See HHS Handbook of Public Assistance Administration, Part IV, S-3120, Supplement for Administrative Use (Sept. 6, 1957), App. 58 (retroactive Social Security payments are income, but an award to compensate for the loss of a hand or foot might not be); HHS Memorandum of June 7, 1973, App. 55-56 (retroactive Social Security payments are income); Brief for United States as Amicus Curiae in Lockhart v. Harden, No. C74-390A (ND Ga.), App. 61 (HHS regula
Respondents also make two arguments based upon the legislative history of the 1981 OBRA amendment. First, they argue that the Congress that passed the OBRA amendment must have been aware of HHS’ longstanding position that “income” excluded personal injury awards, and that its use of “income” in the OBRA amendment therefore necessarily indicated an intent that the term be interpreted in that manner. It is of course not true that whenever Congress enacts legislation using a word that has a given administrative interpretation it means to freeze that administrative interpretation in place. See Helvering v. Wilshire Oil Co., 308 U. S. 90, 100-101 (1939). But if that were the case here, it would damage rather than aid respondents’ cause, since, as we have seen, HHS’ position at the time of the OBRA amendment was that it was permissible for States to treat personal injury awards as income.
At oral argument, respondents sought to derive support from a legislative hearing conducted while the OBRA amendment was under consideration, in which the Secretary submitted to the House Ways and Means Committee a document estimating that the amendment would eliminate 5,000 families from the AFDC rolls each year. Hearings on Tax Aspects of the President’s Economic Program before the House Committee on Ways and Means, 97th Cong., 1st Sess., pt. 1, pp. 266-266 (1981), App. 75-76. The record suggests
Respondents’ penultimate argument is that logic requires personal injury awards to be treated as resources rather than income. The argument rests upon the following syllogism: (1) healthy bodies are resources; (2) personal injury awards merely compensate for damage to healthy bodies; and therefore (3) personal injury awards necessarily are resources too. We have already noted that the minor premise of this syllogism is false, see supra, at 375-376. More importantly, however, so is the major premise. Although there is a sense in which a healthy body can be said to be a resource, it certainly is not one within the meaning of the AFDC statute and regulations, which count only real and personal property (including liquid assets). See 95 Stat. 844,
Once this is understood, it is clear that Virginia’s policy of treating personal injury awards as income but property damages awards as resources is also reasonable. The former can be viewed as increasing their recipients’ pecuniary well-being, and the latter as merely restoring resources to previous levels. The existence of this distinction, coupled with the substantial deference owed to the Secretary’s conclusion that Virginia’s revised regulations are consistent with HHS’ regulations, see, e. g., Lyng v. Payne, 476 U. S. 926, 939 (1986), leads us to reject respondents’ argument that the difference in treatment violates HHS’ regulation requiring that “eligibility conditions imposed must not exclude individuals or groups on an arbitrary or unreasonable basis, and must not result in inequitable treatment of individuals or groups_” 45 CFR § 233.10(a)(1) (1986).
Finally, we do not agree with the dissent’s contention that our holding “‘override[s] the States’ traditional power to define the measure of damages applicable to state-created causes of action.’” Post, at 389 (quoting Norfolk & Western R. Co. v. Liepelt, 444 U. S. 490, 500, n. 3 (1980) (Blackmun, J., dissenting)). That could not possibly be so, since in this case Virginia wants to treat the proceeds of personal injury awards as income. It is a peculiar solicitude for States’ prerogatives that would prevent Virginia from striking its own balance between directing limited AFDC funds to the least wealthy and compensating tort victims. It is true that the Secretary has now promulgated a regulation requiring States to treat personal injury awards as income under the AFDC statute. See n. 5, supra. But since this is not a case in which a State challenges that regulation, the dissent’s objection is simply irrelevant.
Ill
Respondents have not demonstrated that Virginia’s policy of treating personal injury awards as income is inconsistent with the AFDC statute or HHS’ regulations. The contrary judgment of the Court of Appeals is
Reversed.
The revised regulations also permitted recipients to deduct from such a payment any directly related expenses that were incurred prior to or within 30 days after receipt of the payment. Va. ADC Manual § 305.4C (Jan. 1983), App. to Pet. for Cert. 72. During the pendency of this law1 suit, Congress amended the OBRA amendment to give States the option of reducing the period of ineligibility otherwise mandated so as to take into account various expenditures related to the lump-sum payment. Section 2632(a) of the Deficit Reduction Act of 1984, 98 Stat. 1141, 42 U. S. C. § 602(a)(17) (1982 ed., Supp. III). Virginia has since availed itself of this option. Va. ADC Manual § 305.4C (Oct. 1984), App. to Pet. for Cert. 83-86.
Moreover, as we discuss below, see infra, at 380-383, other typical components of personal injury awards, including compensation for pain and suffering, can reasonably be treated as gain under the AFDC statute.
The dissent apparently thinks it appropriate to speculate upon what Congress would have said if it had spoken. Post, at 389 (“[I]f Congress had considered the question, it is reasonable to believe that it would have . . . excluded [personal injury awards] from income”). As we demonstrate below, it also is reasonable to believe that Congress would have included personal injury awards in income. More importantly, however, the legality of Virginia’s policy must be measured against the AFDC statute Congress passed, not against the hypothetical statute it is most “reasonable to believe” Congress would have passed had it considered the question of personal injury awards. For the purpose of determining the application of an existing agency-interpreted statute to a point on which “Congress did not actually have an intent,” Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837, 845 (1984), we have held that “a court may not substitute its own construction... for a reasonable interpretation made by the administrator of an agency.” Id., at 844. As we note below,
Respondents observe that none of the evidence relied upon by Luk-hard and the Secretary antedates the passage of the OBRA amendment. Although true, the observation is of dubious significance. Older documents demonstrating the existence of a longstanding interpretation would of course be better evidence than are recent documents asserting its existence. But in the absence of any contrary evidence, the latter form of evidence is certainly sufficient to support a conclusion that the interpretation existed. Similarly, although respondents observe that the record does not reveal whether any States actually availed themselves of the option allegedly given them prior to passage of the OBRA amendment, we see no reason to draw any inference at all from that lacuna.
After this suit was filed, the Secretary proposed a rule requiring States to treat all lump-sum payments as income. 49 Fed. Reg. 46558, 45568 (1984). Such a rule has since been promulgated. 45 CFR § 233.20(a)(3)(ii)(F) (1986). Lukhard and the Secretary argue that the Secretary’s determination that this rule is consistent with the AFDC statute and the OBRA amendment is entitled to deference, while respondents argue that the rule was invalidly promulgated and is in any event due no deference. Since we uphold Virginia’s practice without reference to the new HHS regulation, we need not reach these questions.
As has already been noted, since this suit was filed Virginia has altered its treatment of personal injury awards by adopting a regulation
Concurring Opinion
concurring in the judgment.
I join the judgment of the Court but not the opinion of the plurality, for I would base my vote to reverse not on an endorsement of the original Virginia interpretation but, flatly, on the deference that is due the Secretary of Health and Human Services in his interpretation of the governing statutes. In a statutory area as complicated as this one, the administrative authorities are far more able than this Court to determine congressional intent in the light of experience in the field. If the result is unacceptable to Congress, it has
Dissenting Opinion
with whom Justice Brennan, Justice Marshall, and Justice O’Connor join, dissenting.
Today the Court holds that personal injury awards may be treated as income for the purpose of determining whether a family is eligible for Aid to Families with Dependent Children (AFDC). Because such treatment is inconsistent with the compensatory nature of personal injury awards, and may work a substantial hardship on needy families that Congress intended to assist through the AFDC program, I dissent.
HH
Congress established the AFDC program, 42 U. S. C. §§601-615 (1982 ed. and Supp. Ill), to assist needy children and those who care for them. Shea v. Vialpando, 416 U. S. 251, 253 (1974). The AFDC statute provides that a family is eligible for AFDC benefits if its income and resources are not sufficient to maintain it at a subsistence level established by the State. The statute does not define either “income” or “resources.”
Virginia responded to the 1981 amendments by promulgating a rule that payments for personal injuries must be counted as income in determining eligibility for AFDC benefits. Virginia Department of Social Services, ADC Manual (Va. ADC Manual) §305.4C (Jan. 1983), App. to Pet. for Cert. 71. Under the Virginia regulation at issue in this case, medical and legal expenses incurred prior to or within 30 days after the receipt of the award were not counted in income. The remainder of the personal injury award, “representing pain and suffering, loss of earning capacity, future medical expenses, and punitive damages,” was included in income. Brief for Petitioner 5, n. 5.
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The AFDC statute, as noted above, does not define “income.” “A fundamental canon of statutory construction is that, unless otherwise defined, words will be interpreted as taking their ordinary, contemporary, common meaning.” Perrin v. United States, 444 U. S. 37, 42 (1979). The plurality recognizes that income commonly is defined as “ ‘ “the gain derived from capital, from labor, or from both combined,” provided it be understood to include profit gained through a
“If an individual is possessed of a personal right that is not assignable and not susceptible of any appraisal in relation to market values, and thereafter receives either damages or payment in compromise for an invasion of that right, it can not be held that he thereby derives any gain or profit. It is clear, therefore, that the Government can not tax him on any portion of the sum received.” 1-1 Cum. Bull. 93 (1922).
In a later tax case, the Court defined income as “accessions to wealth, clearly realized, and over which the taxpayers have complete dominion.” Commissioner v. Glenshaw Glass Co., 348 U. S. 426, 431 (1955). In Glenshaw Glass, the Court observed that “[d]amages for personal injury are by definition compensatory only,” id., at 432, n. 8, and cited “[t]he long history of departmental rulings holding personal injury recoveries nontaxable on the theory that they roughly correspond to a return of capital. . . ,” ibid, (citing 2 Cum. Bull. 71 (1920); 1-1 Cum. Bull. 92, 93 (1922); VII-2 Cum. Bull. 123 (1928); 1954-1 Cum. Bull. 179, 180).
Congress continues to exclude personal injury awards from income under the Internal Revenue Code. 26 U. S. C. § 104(a). Congress also excludes personal injury awards from income for the purpose of determining eligibility for food stamps, 7 U. S. C. § 2014(d)(8), and under the HHS poverty guidelines, 48 Fed. Reg. 7010, 7010-7011 (1983).
The plurality nevertheless concludes that Virginia reasonably interpreted the AFDC statute to include personal injury awards in income, even if such awards do not result in any gain to the recipient. Ante, at 375-376. The plurality observes that the Internal Revenue Code, the Food Stamp statute, and the HHS poverty guidelines expressly exclude personal injury awards from income. In the plurality’s view, “the fact that Congress was silent in the AFDC statute but has elsewhere been explicit when it wished to exclude personal injury awards from income tends to refute rather than support a legislative intent to exclude them from AFDC computations.” Ante, at 376 (citation omitted; footnote omitted). This inference from congressional silence is unwarranted. Congress made a considered decision to exclude personal injury awards from income for purposes of the Internal Revenue Code and the Food Stamp statute. In contrast, as the Court of Appeals for the Seventh Circuit observed, “The inescapable fact is that Congress wanted to compel recipients of AFDC to budget lump-sum receipts of ‘income’ but did not consider what ‘income’ might be.” Watkins v. Blinzinger, 789 F. 2d 474, 480 (1986).
The plurality also concludes that personal injury awards “can reasonably be treated as gain.” Ante, at 374-375, and n. 2. To be sure, some components of personal injury awards do result in gain to the plaintiff. Punitive damages, in the exceptional case in which they are awarded, are a windfall to the plaintiff rather than compensation. See Commissioner v. Glenshaw Glass Co., supra (punitive damages are taxable income). As a practical matter, an impoverished family is unlikely to receive a large award for lost income. If it does, however, it is reasonable to treat such an award as income. See ante, at 375. I cannot agree, however, that it is reasonable to treat the entire personal injury award as income. Damages for pain and suffering, physical injury, dis
The plurality recognizes the elementary fact that “a family with monthly pain-and-suffering-award income but with a family member in physical and emotional pain is not better off than the family without that additional income but also without that suffering.” Ante, at 382 (emphasis in original). The plurality nevertheless concludes that the AFDC program is not designed to take into account physical and emotional well-being. But tort law and workers’ compensation statutes are designed to take these into account. The AFDC statute surely is not designed to deprive impoverished families of remedies for personal injury, most of which are provided by state law. To be sure, “there is no argument for increasing AFDC payments above the normal limit where pain and suffering exists without a tortfeasor who is compensating it.” Ibid, (emphasis in original). By the same token, there is no argument for decreasing AFDC payments for families who are free of pain and suffering.
Ill
It is beyond dispute that “[Compensating for the noneco-nomic inequities of life is a task daunting in its complexity . . . .” Ante, at 382-383. As I view this case, however, the issue presented is relatively straightforward. Our legal system compensates individuals for personal injuries by awarding damages in tort actions and workers’ compensation proceedings. In a variety of circumstances, Congress has
The AFDC statute provides that the States must exclude from resources the family home and one automobile worth up to $1,600. 42 U. S. C. § 602(a)(7)(B); 45 CFR § 233.20(a)(3)(i) (1986). The States also are required to disregard certain earnings of family members and relatives in determining income. 42 U. S. C. §§ 602(a)(8)(A), 602(a)(31). Congress provided no further guidance to the Secretary and the States in defining “income” and “resources.”
Virginia subsequently modified its rule in response to a congressional amendment giving States the option of reducing the period of ineligibility to account for expenditures related to a lump-sum payment. Section 2632 of the Deficit Reduction Act of 1984, 98 Stat. 1141, 42 U. S. C. § 602(a)(17) (1982 ed., Supp. III). The State now provides that the period of ineligibility must be reduced to reflect future medical expenses. Va. ADC Manual §305.4C (Oct. 1984), App. to Pet. for Cert. 84.
In addition, the Secretary recently promulgated a rule requiring the States to treat personal injury awards as income. 45 CFR §233.20 (a)(3)(ii)(F) (1986). The plurality declines to consider the Secretary’s new rule. Ante, at 379, n. 5. It nevertheless concludes that Virginia’s decision to treat personal injury awards as income during the period at issue in this case was in accord with the Secretary’s prior interpretation
Justice Blackmun would defer to the Secretary’s interpretation of the statute. Because I conclude that the Secretary’s interpretation is inconsistent with the statute, I do not think it is entitled to the customary deference.
The plurality concludes that “[t]he explicit differences between the definition of ‘income’ in the Food Stamp program and the HHS poverty
The plurality asserts that this objection is “simply irrelevant,” ante, at 383, because Virginia officials chose to treat personal injury awards as income. But Congress could not know in advance whether the treatment of personal injury awards would be left to the States. Indeed, as noted above, the Secretary now requires the States to include personal injury awards in income. See n. 2, supra. In my view, the possibility that AFDC families would be deprived of state tort remedies is sufficient to preclude inclusion of personal injury awards in income.
In my view, Virginia’s treatment of personal injury awards was inconsistent with the Secretary’s “equitable treatment regulation,” which states that “the eligibility conditions imposed must not exclude individuals or groups on an arbitrary or unreasonable basis, and must not result in inequitable treatment.” 45 CFR § 233.10(a)(1) (1986). During the period at issue in this case, Virginia treated money received as a result of a property loss as a resource rather than income. Va. ADC Manual §303.3 (Jan. 1983), App. 25. Thus, if an AFDC family received compensation for a damaged automobile it could spend the money as it wished, but if it received compensation for an injury to a family member, it was obliged to use the money to meet basic needs. The plurality concludes that casualty awards do not increase their recipients’ well-being, since they “merely re-
During this period, Virginia excluded from income only those amounts of the award used for medical care, rehabilitation, and legal services incurred prior to or within 30 days after the receipt of the award. See supra, at 385; Va. ADC Manual § 305.4C (Jan. 1983), App. to Pet. for Cert. 72. Petitioner concedes that “the amount of a lump sum personal injury award subject to the rule is that portion representing pain and suffering, loss of earning capacity, future medical expenses, and punitive damages.” Brief for Petitioner 5, n. 5 (emphasis added). As noted above, n. 2, supra, Virginia has amended its rules to provide that the period of ineligibility must be reduced to reflect medical expenses incurred subsequent to receipt of the lump sum. Va. ADC Manual § 305.4C (Oct. 1984), App. to Pet. for Cert. 84.
Reference
- Full Case Name
- LUKHARD, COMMISSIONER, VIRGINIA DEPARTMENT OF SOCIAL SERVICES v. REED Et Al.
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- 103 cases
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- Published