Litigation

NCLEJ is a national leader in using litigation to make sure that low-income people get the benefits they are entitled to and that government agencies administer programs fairly. NCLEJ's litigation has improved the lives of tens of thousands of vulnerable families and individuals. We have ensured their access to Medicaid, Food Stamps, and cash assistance, protected their civil rights, and improved their opportunities to move out of poverty.

When government agencies fail to provide benefits to eligible individuals or to administer programs fairly and in accord with the law, low-income people may have to turn to the courts to secure their rights. Policy advocacy and negotiation often achieve improvements in policies and in day-to-day program administration. However, litigation is a critical tool, and sometimes the only effective tool, to ensure that agencies comply with the law. Litigation promotes government accountability by checking agencies that have lost sight of their legal obligations. Litigation also helps focus broader public attention on the harms suffered by low-income people and can be part of broader efforts to remedy them.

NCLEJ's litigation program includes the following:

• leading or co-counseling impact litigation across the country;
• shaping winning legal strategies to secure fair and lawful administration of benefit programs;
• marshaling resources in the private bar and public interest communities to pursue impact litigation and representation; and
• educating and supporting colleagues across the country engaged in similar advocacy.

NCLEJ is available to collaborate with local legal service providers, public interest lawyers, and private attorneys across the country to develop and conduct impact litigation, where appropriate. We provide a full array of litigation services, including drafting papers, interviewing clients, engaging in discovery, and participating in court hearings and oral arguments, and provide on-site staffing resources, as necessary. For further information contact Marc Cohan, Director of Litigation at cohan (at) nclej.org or call 212 633-6967.

Highlights of NCLEJ Litigation:

Benefits Expedited for Over 9,000 Maryland Medicaid Applicants (May 2013)

Persistent Nassau County (NY) Delays Lead to Motion for Contempt (March 2013)

Federal Court Approves Class Action Settlement Regarding Suffolk County (New York) Constitutionally Inadequate Notice of Child Care Termination (March 2013)

Federal Court Determines Connecticut Must Speed Processing of SNAP (Food Stamp) Benefits (December 2012)

Marc Cohan and Gina Mannix's article on NCLEJ's SNAP (Food Stamp) Application Delay Litigation Project Is Published in Clearinghouse Review (October 2012)

NCLEJ and Partners See Significant Improvement in Benefit Application Processing in Steuben County (October 2010)

NCLEJ and Other Advocates Sue Missouri for Medicaid Change that Would Cause Unnecessary Institutionalization of Dialysis Patients (June 2012)

NCLEJ Joins Supreme Court Amicus Brief Supporting the Affordable Care Act (March 2012)

Contempt Motion Responds to Suffolk County’s Failure to Provide Promised Food and Medical Assistance Promptly (February 2012)

New Mexico Court Says Denying Workers’ Compensation Benefits to Farm and Ranch Laborers is Unconstitutional (December 2011)

Federal Court Says Hawaii Takes Too Long Processing Food Stamp Applications (November 2011)

NCLEJ and Colleagues Sue Columbia County, NY for Systemic Failure to Process Food Stamp, Medicaid, and Cash Assistance Applications in a Timely Fashion (June 2011)

NCLEJ and Colleagues Achieve Settlements to Secure Colorado's Timely Processing of Medicaid, SNAP, CHIP, and TANF Applications (June 2011)

NCLEJ Sues Nassau County NY For Delaying Food Stamps, Medicaid, and Cash Public Assistance to Hundreds Each Month (April 2010)

NCLEJ Celbrates 40th Anniversary of Goldberg v. Kelly, Landmark Supreme Court Victory (March 2010)

NCLEJ Sues New Hampshire for Failing to Pay Full Medical Costs (January 2010)

Lawsuit Causes FEMA to Disgorge Documents on Accessible Temporary Housing (January 2010)

Permanent Injunction Barring Food Stamp, Medicaid, and Cash Public Assistance Application Delays Granted in Maryland (December 2009)

Rhode Island to Speed Food Stamp Processing Under Court-Approved Settlement (October 2009)

Indiana Agrees to Court Order Speeding Provision of Food Stamp Benefits (October 2009)

NCLEJ and Texas Colleagues File Federal Lawsuit Challenging Texas Food Stamp Application Processing Delays (July 2009)

NCLEJ and Empire Justice Center Achieve Settlement Ending Lengthy Delays in Processing of Food Stamp and Medicaid Applications in Long Island, New York (June 2009)

NCLEJ and Colleagues Achieve Settlement Ending Lengthy Delays in Processing of Food Stamp Applications in New York City (April 2008)

NCLEJ Achieves Settlement Providing Due Process Protections for Tens of Thousands of Missouri Children (April 2008)

NCLEJ and Colleagues Achieve Settlement in Colorado Requiring Prompt Processing of Benefits Applications (January 2008)

New York Court Approves Plan to Restore Benefits to Thousands of New York Families of Children with Disabilities in Case Brought by NCLEJ and Colleagues (September 2007)

NCLEJ and Colleagues Win Ruling Barring FEMA From Terminating Rental Assistance for Katrina/Rita Evacuees Without Adequate Notice and Opportunity for Pre-termination Hearing (with 2008 Update)

NCLEJ and Colleagues Win Settlement Requiring Accessible Trailers for Katrina Evacuees with Disabilities (September, 2006)

Center Safeguards Critical Rights of Medicaid Recipients in Missouri (October 2005)

Center Wins Favorable Settlement in Arizona Food Stamp Application Delay Case (October 2005)