Category

LITIGATION

Justice in Aging Welcomes Regan Bailey to Lead Litigation Efforts

By | LITIGATION, PRESS RELEASE | No Comments

WASHINGTON, DC – Justice in Aging is pleased to welcome Regan Bailey as its new Litigation Director. Justice in Aging is a national legal advocacy organization that uses the power of law to fight senior poverty. Regan will be working in the organization’s Washington, DC office.

Regan joins Justice in Aging after serving for the past five years at the US Department of Justice, Civil Rights Division in the Special Litigation Section as a Trial Attorney. Prior to joining the Department of Justice, Regan directed legal advocacy for Disability Rights Washington. Previously she served as the Assistant Director for Public Benefits and Economic Stability at Maryland Legal Aid Bureau, a Senior Attorney at University Legal Services, and a Managing Attorney at West Virginia Advocates. She was a Writ Clerk for the Supreme Court of Appeals of West Virginia and was also a Staff Attorney for DNA People’s Legal Services for the Navajo Nation.
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Class action settlement about ALJ hearing delays for Medicare beneficiaries amended- Fairness Hearing rescheduled for August 1, 2016

By | BLOG, Health Care, HOMEPAGE, LITIGATION, Medicare | No Comments
As previously reported, the Center for Medicare Advocacy filed Exley v. Burwell on behalf of Plaintiffs appealing Medicare denials before an Administrative Law Judge and not receiving decisions within the 90 days required by law. The Fairness Hearing has been rescheduled for August 1, 2016. Read More

Big Win For Married LGBT SSI Recipients

By | BLOG, HOMEPAGE, LGBT, LITIGATION, Supplemental Security Income | No Comments
The last few weeks have brought some good news regarding Held v. Colvin, a case we (along with Foley Hoag LLP and GLBTQ Legal Advocates & Defenders, or GLAD) filed in March 2015 against the Social Security Administration (SSA) on behalf of Plaintiffs Hugh Held and Kelley Richardson-Wright and a proposed nationwide class.

We filed this case to stop SSA from attempting to collect “overpayments” from very low income people over 65 and people with disabilities receiving SSI who had been married to someone of the same sex on or before June 2013 when the Supreme Court struck down the Defense of Marriage Act (DOMA). Read More

Court Says Medicaid Coverage Gap Must End, Seniors No Longer on the Hook for Thousands in Assisted Living Bills

By | ASSISTED LIVING, BLOG, HOMEPAGE, LITIGATION, Medicaid | No Comments

Ohio’s Medicaid program covered only a portion of the program’s assisted living bills, leaving frail seniors Betty Hilleger and Geraldine Saunders with unexpected sky-high expenses. And they were not alone. Thousands of Ohio’s seniors faced the same coverage gap. They applied for coverage, but faced delays and unreasonable bills even after they were supposed to be covered. Justice in Aging joined with the Cincinnati firm Beckman Weil Shepardson to represent Hilleger and Saunders in a class action suit against the state to eliminate this coverage gap.

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CUFF Act Won’t Fight Crime, But it Will Fight Poor People

By | BLOG, LITIGATION, SENIOR POVERTY, Supplemental Security Income | No Comments

The misguided policy that nearly made Rosa Martinez homeless is rearing its ugly head again. Rosa Martinez, a California woman whose disability benefits were stopped because the Social Security Administration mistook her for a Florida woman with the same name, was Justice in Aging’s lead Plaintiff in the case Martinez v. Astrue.

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Social Security Continues Discriminating Against Same Sex Married Couples By Making Them Pay Thousands of Dollars for Agency Mistake

By | BLOG, HOMEPAGE, LGBT, LITIGATION, Supplemental Security Income | No Comments
Hugh Held and Orion Masters of Los Angeles, hugh-orienCalifornia have been together for more than 20 years. When marriage to a person of the same sex became legal in California for a brief period in 2008, they were excited to ‘take the plunge’ and exercise a right they did not expect they would ever have when they first met. Little did they anticipate that their marriage would one day put them in economic peril.

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SSA Instructions to ALJs on Clark v Astrue

By | LITIGATION | No Comments

(5/9/2011) The instructions are similar to those contained in EM-11032 issued last month which instructed SSA field offices that pursuant to the decision in Clark, benefits would no longer be suspended or denied solely on the basis of a warrant for an alleged violation of probation or parole.

Anyone who has an appeal pending at the ALJ stage at which this is the only issue should request an on the record decision and attach a copy of the Chief Judge Bulletin.

While these two sets of instructions should resolve the issue for everyone with a currently pending claim, they do not apply to the tens of thousands of class members who may ultimately be entitled to retroactive relief since the court has not yet ruled on the relief to be awarded to the class.

In the meantime, anyone whose benefits were suspended or denied on or after October 24, 2006 because of a probation or parole warrant should be sure that the Social Security Administration has their current address so that they will receive notice of any potential relief.