An ongoing failure by the state to process food stamps and other public assistance applications in a timely manner will now be subject to federal court scrutiny every month in reports the state will have to file as a result of two lawsuits stemming from the backlog.

A preliminary injunction issued Dec. 31 by a federal judge in a food assistance lawsuit filed by ten Alaskans was followed by a settlement agreement in a class action lawsuit on Monday imposing nearly identical reporting requirements for cash assistance to elderly and disabled residents. The latter case was scheduled to go to trial on Monday until the settlement was announced.

In both cases the Alaska Department of Health is being ordered to catch up on the backlog and process future applications in the time required by law, with monthly updates being mandated beginning Feb. 1 due to a court acknowledgment that “immediate compliance is untenable.”

“The status reports must show progress towards compliance and sustained efforts to address the problems hindering compliance,” the enforcement language in both cases states.

Plaintiffs in both cases were represented by the Alaska civil rights firm Northern Justice Project.

Delays in processing applications for food stamps — officially known as Supplemental Nutrition Assistance Program (SNAP) benefits —“is historical, persistent and significant” in records dating back to 2015, according to U.S. District Court Judge Sharon Gleason, in her order issuing the injunction in the lawsuit filed nearly two years ago. Federal law requires applications to be processed within 30 days.

She noted “this backlog ranged between 6,000 and 14,000 applications” in fiscal 2023. While the situation improved somewhat during the 2024 fiscal year that ended last June 30, data for the current fiscal year shows the problem rising again with 25% to 30% of applications not processed in a legally timely manner.

State health department officials and attorneys argued progress is being made toward resolving the SNAP backlog by updating its systems to newer technology, expected to be fully operational by July. As such, “an injunction would add additional burdens and costs that would slow current agency efforts, which will adversely affect the public’s interest,” Gleason wrote in summarizing the state’s arguments on the issue.

However, the judge declared the needs of people applying for SNAP benefits outweigh the difficulties the state might have in catching up on its backlog.

“The Court cannot simply condone an admitted violation of a statute, which is designed to ensure adequate nutrition for low-income households, because of the difficulty the State might have in reaching compliance,” Gleason wrote. “The Court must issue the injunction, regardless of seemingly intractable staffing shortages or technical difficulties, to monitor DOH’s progress and to push DOH and the State as a whole to solve its non-compliance as quickly as possible.”

Gleason also noted that while there are several legal standards that need to be met for the injunction, including the likelihood the plaintiffs will prevail in the case and a showing that significant harm will occur without one, the order in this case is “clearly warranted.”

“Given the economic circumstances described and demonstrated by the named plaintiffs, which are indicative of all members of the class, the delay of SNAP benefits, which results in a deprivation of food, ‘unquestionably constitutes irreparable harm,’” she wrote, citing previous case law defining that standard.

A week after Gleason’s ruling, the state put the second lawsuit on hold by agreeing to monthly reports for the Adult Public Assistance program, which provides cash assistance to financially needy elderly and disabled residents. The stipulation also notes “DOH must provide written notice and opportunity to request a fair hearing to those APA applicants (whose) applications are not processed within the mandated timeframes.”

Only about 40% of the applications for that program were processed within the 30-day legal limit during fiscal 2024, according to the plaintiffs.

• Contact Mark Sabbatini at mark.sabbatini@juneauempire.com or (907) 957-2306.