Fair Administration

If public benefit programs are to promote the welfare of those in need, they must be administered fairly and in accord with clear standards that comply with the law. Program applicants and recipients must be informed about their rights and obligations and must be able to seek review of agency decisions regarding their claims. Agencies must conduct hearings fairly, issue timely decisions, and ensure that agency staff comply promptly and fully with hearing decisions. These notions of fundamental fairness are at the heart of constitutional due process requirements.

NCLEJ works to make due process and fair treatment a reality for low-income individuals across the country and to hold government agencies accountable for complying with the law. Our advocacy today builds on a longstanding commitment from our early history - the Welfare Law Center helped bring the landmark U.S. Supreme Court case of Goldberg v. Kelly which established the right of welfare recipients to a hearing before their benefits are cut off.

We use an array of strategies tailored to the particular problem and situation. We devise remedies for agency failures and effective monitoring systems so that agencies can determine whether remedies are successfully implemented.

We welcome opportunities to work with advocates across the country. Feel free to contact us.

Highlights of NCLEJ Advocacy:

• Benefits Expedited for Over 9,000 Maryland Medicaid Applicants (May 2013)
• New Yorkers Living with HIV/AIDs Secure Critical Class Action Settlement (April 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)
• NCLEJ and Partners See Significant Improvement in Benefit Application Processing in Steuben County (October 2010)
• NCLEJ and Empire Justice Center Win Court Order Restoring Child Care Benefits to Low-Income Working Families in Suffolk County, New York (July 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 Comments on Health Insurance Exchanges (September 2011) (pdf)
• 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)
• Health Reform Implementation: NCLEJ Comments to HHS on State Health Exchanges (October 2010) (pdf)
• The Closed Digital Door: State Public Benefits Agencies' Failure to Make Websites Accessible to People with Disabilities and Usable for Everyone (July 2010)
• NCLEJ and Maximus:  Modernizing Public Benefits Programs:  What the Law Says State Agencies Must do to Serve People with Disabilities (August 2010) (pdf)
• NCLEJ Report on Barriers Childless Adults Face in Accessing Public Health Insurance (April 2010)
• NCLEJ Celebrates 40th Anniversary of Goldberg v. Kelly, Landmark Supreme Court Victory (March 2010)
• 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 Empire Justice Center Challenge Unlawful Delays in Processing Emergency Assistance Applications in Long Island, New York (September 2009)
• NCLEJ and Texas Colleagues File Federal Lawsuit Challenging Texas Food Stamp Application Processing Delays (July 2009)
• NCLEJ and Empire Justice Center Achieve Settlement Agreement Ending Lengthy Delays in Processing of Food Stamp and Medicaid Applications in Long Island, New York (June 2009)
• NCLEJ Achieves Settlement Providing Due Process Protections for Tens of Thousands of Missouri Children (April 2008)
• 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 Assured Due Process in Welfare Hearings in New York (2005)
• Center Safeguards Critical Rights of Medicaid Recipients in Missouri (2005)
• NCLEJ and Colleagues Save Medicaid for Legal Immigrants in Colorado (2004)

Additional Resources

Improving Remote Communication Between Public Benefits Agencies and Deaf and Hard of Hearing Individuals by Cary LaCheen, 43 Clearinghouse Review 431 (Jan. - Feb. 2010) (pdf)