After using the 60-months of final welfare benefits, two McDowell County families will have their day in court, seeking to have their benefits restored. The West Virginia Supreme Court voted to hear the cases 4-1 on Wednesday.

The original case was filed by attorney Larry Harless of Jackson County, based on a constitutional statement which says counties must appoint "overseers of the poor."

The current case says it is unfair in denying benefits to poor people, the state violates resident's constitutional right to "subsistence necessary for their basic well-being and survival in a minimally human manner."

The two McDowell County residents wanted an extension because one was pregnant when benefits ran out and the other was working a job for her welfare check and no other jobs were available.

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