Disability

This consumer handout explains the Social Security Administration's plan to repay more than $500 million in benefits that were unlawfully withheld.

An issue brief by Simon Lazarus for the American Constitution Society for Law and Policy.

IHSS has new rules for IHSS providers, who should take action before July 1, 2010. This handout for laypersons is useful for all consumers and providers. Translation into Spanish, Chinese and Russian are available. Translations into Armenian, Vietnamese, Korean and Tagalog are in progress.

Plaintiffs have moved for certification of a nationwide class in Clark V. Astrue, the action challenging SSA's policy of suspending or denying Social Security and SSI benefits anytime someone had an outstanding arrest warrant for an alleged violation of probation or parole.

In response to arguments raised by NSCLC and other class counsel, SSA has agreed to use its "executive discretion" to ensure that Martinez class members do not experience a lapse in Medicare Part B coverage as their Social Security benefits are restored...

(New America Media) NSCLC and other public interest attorneys held a press briefing in San Francisco July 27, 2010 to spotlight the need to find the many people in the Bay Area and nationally who have been wrongfully refused Social Security and Supplemental Security Income (SSI) benefits.

NSCLC and other public interest attorneys held a press briefing today in San Francisco to spotlight the need to find the many people in the Bay Area and nationally who have been wrongfully refused Social Security and Supplemental Security Income (SSI) benefits. Two California seniors who had been refused benefits shared their stories at the briefing. Thousands of vulnerable older adults and people with disabilities - disproportionately from ethnic groups - are now eligible again for both Social Security and SSI benefits. Many will receive past benefits from $10,000-$40,000 - due to a successful NSCLC-led class action lawsuit (Martinez vs. Astrue) against the Social Security Administration (SSA). The event was held at New America Media (NAM) offices in San Francisco.

(Politico) Si Lazarus published an article in Politico on June 29, the first day on which Supreme Court nominee faced questioning from Senate Judiciary Committee members. The article accurately forecast that Republicans would make attacks on the health reform law a focus in their questioning and openly endorse activist justices who will exhume, from the early 20th century, interpretations of congressional authority under the commerce clause and the taxing and spending power. Si urges Democrats to vigorously spotlight the threat the health reform litigation poses to New Deal and Great Society laws almost all Americans support and rely on, like Social Security, Medicare, Medicaid, the civil rights laws, and environmental protections.

The National Senior Citizens Law Center welcomes President Obama's nomination of Solicitor General Elena Kagan to the Supreme Court.

NSCLC recently published an issue brief focusing on Medicaid payment for assisted living. One concern is the unfair way in which Medicaid-eligible residents are sometimes treated by assisted living facilities that are certified to accept Medicaid reimbursement.

On June 17, 2010, attorneys from the Center for American Progress, the Federal Rights Project of the National Senior Citizens Law Center, and PCT Law Group, PLLC, filed an Amicus Brief in support of the federal government’s Motion to Dismiss in the matter of Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II v. Sebelius.

Clark v. Astrue

On May 27, 2010, NSCLC attorney Eric Carlson testified at California’s Little Hoover Commission, an independent state oversight committee that is reviewing the state’s system of care for seniors and individuals with disabilities. Eric outlined the legal landscape post-Olmstead, including recent cases in which courts have halted state attempts to cut home and community based services. He also pointed to “win-win” opportunities for the state to increase the number of people able to avoid expensive institutionalization.

A concise version of the views expressed in NSCLC's statement was posted on the American Constitution Society blog on May 7 in this piece by Si Lazarus and Sergio Munoz.