Major Developments in NCLEJ Litigation Since 2002
2005
Center and Colleague Achieve Favorable Settlement In Arizona Food Stamp Application Delay Case
In the fall of 2005 the Center reached a very favorable settlement agreement in our federal class action challenging the Arizona welfare agency's failure to act on food stamp applications within the time required by federal law. To end the lengthy delays, which kept food off of the tables of thousands of needy Arizona families, the state agency has agreed to process applications in compliance with federal law, to have the case certified as a class action, to maintain an 800 number for individuals to call if their application has not been acted on promptly, to provide information to applicants about the timely processing requirements, and to provide plaintiffs with extensive monitoring data. We were co-counsel with the William E. Morris Institute for Justice. (Brancatelli v. Berns)
Center and Colleagues Stop New York City from Unlawfully Preventing Access to Benefits
We won a comprehensive federal court injunction in 2005 in a groundbreaking class action that derailed New York City's unlawful policy of discouraging eligible people from applying for cash assistance, Medicaid, and Food Stamps. Following an earlier three-day trial, we convinced the court that it was City policy to systematically deter and discourage people from applying for benefits and that the City had a consistent pattern of failing to provide expedited Food Stamps to the hungry. The court ruled that these policies and practices violated federal and state laws requiring public officials to help eligible persons apply for and obtain help. We are working with New York Legal Assistance Group, The Legal Aid Society and Northern Manhattan Improvement Corp. (Reynolds v. Giuliani)
Additional Information:
Another Court Victory in Reynolds (from Dec. 2000 Welfare News)
July 21, 2000 Court Decision in Reynolds
New York City Admits Monitoring Insufficient to Establish Proper Processing of Applications for Food Stamps (from Sept. 1999 Welfare News)
New York City Implements Major Changes in Manner in Which Applications for Food Stamps, Medicaid, and Cash Assistance Are Processed (from April 1999 Welfare News)
Federal Court Finds New York City Illegally Deters and Denies Food Stamps, Medicaid, and Cash Assistance Applications and Bars Expansion of "Job Centers" (from March 1999 Welfare News)
USDA February 1999 Report on New York City Job Centers and Cover Letter
Welfare Law Center Claims That NYC Job Centers Deter Food Stamps, Medicaid and Cash Assistance Applicants: Court Grants TRO (from Dec. 1998 Welfare News)
Center Safeguards Critical Rights of Medicaid Recipients in Missouri
To protect the rights of Medicaid recipients in Missouri, the Center filed a federal class action lawsuit in June 2005 in the Western District of Missouri challenging the implementation of cuts in state's Medicaid program. The cuts dis-enrolled more than 24,000 parents and caretaker relatives due to a reduction in income limits from 75% of the federal poverty level to an unbelievable 23% of the federal poverty level. Our challenge alleged that Missouri's dis-enrollment caused eligible persons to lose Medicaid and that Missouri had failed to provide adequate notice and opportunities for fair hearings. In the fall of 2005 we secured a settlement that enabled those whose benefits were taken away to have their case reviewed, and, if they are eligible for reinstatement, to be reimbursed for out-of-pocket health care costs. Pursuant to the settlement, more than 2,000 families have had their benefits reinstated. The Center was lead counsel, working with Beetem & Card LLC and the National Health Law Program. (Wilson v. Sherman)
Center and Colleagues Protect Medicaid for Working Parents in Texas
We won a federal court order that saved Medicaid for more than 2,200 low-income Texas parents, many of whom would have lost their jobs without health care for chronic conditions. The policy we challenged under federal law would have allowed the state to end a parent's Medicaid due to a trivial infraction of welfare rules, even when the parent was working or participating in welfare-to-work programs. Early in 2005, the Fifth Circuit Court of Appeals unanimously upheld our victory, thereby sending a strong message to other states not to go down this route. We worked with Texas Legal Services Center; Graves, Dougherty, Hearon & Moody; and the El Paso County Attorney. (Camacho v. Texas Workforce Commission)
NCLEJ Assured Due Process in Welfare Hearings in New York
We and our colleagues successfully challenged New York State's practice of depriving welfare recipients of the right to review evidence, call witnesses, and present documents in the course of appealing a negative decisions. Our 2005 landmark class action settlement ensures that recipients receive the fundamental right to due process in welfare hearings. We worked with the Legal Aid Society, New York Legal Assistance Group, Urban Justice Center, and Dewey Ballantine LLP. (Meachem v. Wing)
More: Proposed Stipulation and Order of Settlement: Meachem, et al. v. Brian J. Wing, et al., 99 Civ. 4630 (PKC)
