Social security, modes of communication for blind and visually impaired persons and the Rehabilitation Act American Council of the Blind v Astrue
|
|
- Adela Manning
- 5 years ago
- Views:
Transcription
1 Trinity College Dublin, Ireland From the SelectedWorks of Mel Cousins October, 2010 Social security, modes of communication for blind and visually impaired persons and the Rehabilitation Act American Council of the Blind v Astrue Mel Cousins, Glasgow Caledonian University Available at:
2 Social security, modes of communication for blind and visually impaired persons and the Rehabilitation Act American Council of the Blind v Astrue 1 This note examines a recent District Court decision in which the plaintiffs successfully challenged the adequacy of modes of communication by the Social Security Administration in its notices and other correspondence to blind and visually impaired persons. The case shows the potential of the Rehabilitation Act to improve services to persons with disabilities. Background The case was brought by the American Council of the Blind (ACB) and a number of individual Plaintiffs who received benefits from the Social Security Administration (SSA) for themselves or on behalf of others. They sought to compel the SSA to provide alternative formats of communication that would enable them to have more equal access to participate in SSA programs. The alternatives include Braille, large print, electronic mail, computer disks, and audiotape recordings. They brought their claim under both Section 504 of the Rehabilitation Act of 1973 and the due process clause of the Fifth Amendment. As it is important for the outcome of this case, it is necessary to note the approach adopted to the claim by the SSA. Initially, the SSA took the view that Section 504 did not even apply to the issue at hand and that a Special Notice Policy (adopted under the provisions of the Social Security Act) was the sole requirement. However, by the time of the trial, the SSA conceded that Section 504 did apply. 2 This background explains why the SSA (as the court put it) never bothered to comply with the implementing Rehabilitation Act regulations. 3 However, even during the proceedings, the SSA argued that its obligations under Section 504 were confined to the special notice procedures which were a legislative declaration of its duties under the Rehabilitation Act. 4 Finally, the SSA refused the opportunity offered by the District Court to stay the proceedings for rulemaking or other SSA action. The law Section 504 of the Rehabilitation Act provides that No otherwise qualified individual with a disability in the United States,..., shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. 1 No. C WHA (ND Cal, 2009). 2 American Council of the Blind v Astrue at para Ibid. 4 This argument was rejected by the District Court in an interim order in April 2008 (at 111).
3 In order to implement Section 504, the Department of Health and Human Services promulgated regulations in 1988 that set out a series of important requirements including the requirement that a notice of rights must be provided to individuals with disabilities. In 1988 and 1990, Congress added special-notice provisions to the Social Security Act. Under these provisions, individuals receiving benefits or applying for benefits on the basis of blindness are entitled to elect from three different methods of receiving notices of any decision or determination: (i) a mailed notice with a follow-up telephone call; (ii) certified mail; or (iii) notification by some alternative procedure established by the Commissioner of Social Security and agreed to by the individual. 5 In implementation of these requirements, the SSA established its Special Notice Policy (SNP). Section 504 and social security for blind and visually impaired persons As the court pointed out the central question was whether the SSA had complied with Section 504 and its implementing regulations. It was clear that it had not at least as regard issues such as the provision of a notice of rights to blind and visually impaired individuals. 6 Citing Alexander v Choate, the court pointed out that the Supreme Court has interpreted Section 504 so as to respond to the need to give effect to the statutory objectives of that provision while keeping it within manageable bounds. 7 The Supreme Court had stated that this meant that an otherwise qualified handicapped (sic.) individual must be provided with meaningful access to the benefit that the grantee offers. 8 However, Section 504 only requires reasonable accommodation and accommodation is not reasonable if it if would entail either an undue financial and administrative burden or a fundamental alteration in the nature of a program. 9 Therefore, there were two main questions for the court to answer: (i) whether blind and visually impaired plaintiffs have meaningful access to SSA notices, and (ii) if not, whether the acts necessary to achieve meaningful access would impose an undue burden on SSA. 10 The defendants relied heavily on the interpretation of Section 504 adopted by the US Supreme Court in Alexander v Choate. 11 In that case the Supreme Court had determined that a state was not required to expand the durational limits of its inpatient coverage in order to meet the greater medical needs of disabled persons. However, as the District Court pointed out, in the instant case, the plaintiffs did not seek to expand the substantive scope of a SSA program or benefit but, rather, sought forms of notice as easy for them to read as print notices are for everyone else U.S.C. 421(l), 1383(l). 6 At US 287, 299 (1985). 8 Id at 301 (emphasis added by the District Court). 9 Id at American Council of the Blind at US 287(1985). See L. Pickering Francis & A. Silvers, Debilitating Alexander v. Choate: Meaningful access to health care for people with disabilities, Fordham Urb L.J. XXXV (2008) American Council of the Blind at 110.
4 The court concluded that the SSA has not provided meaningful access for its programs to all blind and visually impaired individuals as required by Section 504. Nor had it provided effective communication for all plaintiffs. 13 The Court examined the implementation of the SNP. It concluded that the SNP is generally administered by SSA in a sincere and well-intentioned way. The agency has made a reasonable and good faith effort to implement its SNP. The main issue is not shortfalls in the implementation but rather shortfalls in the concept itself, meaning whether the SNP, even if executed with perfection, measures up to the requirements of Section It outlined a series of these shortfalls 15 including the fact that phone calls made under the SNP were not timed for when a claimant is most likely to be at home to receive the call; that some plaintiffs had only received a SNP call a few times over many years; that notices were often paraphrased and, in any case, it was hard to comprehend the essence of the notice when read out on a once off basis. 16 On the basis of the evidence provided the court concluded that the SNP was not effective for some blind and visually impaired individuals. As noted above, the District Court had already rejected the argument that the SSA s obligations under Section 504 were somehow confined to the SNP provisions of the Social Security Act. It ruled that Section 504 trumped the special-notice provisions and that Congress intended to improve the notice provided to blind recipients when it passed the special notice provision, not to limit such notice. 17 However, the SSA had refused to expand the alternatives beyond the SNP contending that this provided an effective means of communication and that alternative methods of communication would impose an unreasonable burden on it. The court accepted that the SNP might be effective for a least large numbers of blind and visually impaired persons. However, it pointed out that while the SNP was a reasonable step taken to assist the blind and visually impaired, especially in 1988 and 1990 since then great strides had been made in the communication technology available. A telephone call could no longer be deemed as effective as computer-aided synthesizer and navigation tolls. The court interpreted the SNP as a minimum requirement of Congress with the SSA expected to add additional aids as they became available and practical in order to comply with Section This the SSA had not done. However, the SSA was not required by law to take any action that it can demonstrate would result in undue financial and administrative burdens. 19 The evidential burden of showing this was on the SSA. The court was highly critical of the SSA s efforts in this regard. It pointed out that there was no evidence that there was a consideration of the available 13 At At At 28 et seq. A further issue was that the SNP only applied to persons applying for or receiving benefits on the basis of blindness (250,000 persons). However, after the case commenced the SSA agreed to extend it to all 3 million blind and visually impaired persons receiving relevant benefits. 16 At Quoted at 111 of the final judgment. 18 At At 122.
5 resources and that SSA had disregarded the relevant procedure. 20 It had not provided any estimates as to the cost of implementing alternatives, 21 and had not done a realistic assessment of what would really be needed, e.g., no risk assessment had been carried out. 22 The court concluded that The entire defense has been to exaggerate what relief might be ordered and to invent multiple excuses why the alternates cannot be done rather than find one reason why any could be done. 23 The court considered in detail the various alternative forms of communication sought by the plaintiffs. It supported the use of Braille and a CD option. 24 However it rejected the other alternatives sought holding that audio cassettes are passe ; large print was too burdensome ; and that while would be very handy the risk of personal information being stolen was too great. 25 Due process In the alternative, the plaintiffs had advanced a due process argument. They argued that the SSA s approach violated due process under the Fifth Amendment, which prohibits the United States from depriving any person of property without due process. As interpreted by the courts, the due process clause requires that individuals whose property interests are at stake are entitled to notice and an opportunity to be heard. The parties did not agree on the correct standard to be applied but, for the sake of argument, the court was prepared to accept the plaintiffs argument that it was set out in Mathews v. Eldridge. 26 Mathews requires that the following factors be taken into account: 27 First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail. The court took the view that notices with general information involved only a low potential deprivation of an interest. 28 However, this was greater for notices concerning suspension or termination of benefits. It took the view that the SSA s procedure of sending notices under 20 At At At At At 125 et seq. 25 At U.S. 319 (1976). The defendants had argued that the applicable standard was to be found in Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950) US at At 140.
6 the SNP was fair and reliable thereby mitigating any risk of erroneous deprivation. However, in keeping with its earlier discussion of the SSA s failure to show an undue burden, the court found that there was no evidence of a substantial burden. Even assuming the Mathews standard was appropriate, the court concluded that taking the three factors into account, the balance was in favor of finding that due process had been provided. 29 No equal protection argument was advanced in this case. In theory one might argue that a denial of effective access to a service was a denial of equal protection to people with disabilities. 30 However, claims concerning the provision of written notices and information to non-english reading claimants in their own language brought under the equal protection clause of the Federal constitution have consistently been rejected by the courts and it seems likely that a similar approach would be adopted to the provision of alternative forms of communication to people with disabilities. 31 Conclusion The Court ordered that by December 2009, the SSA must provide notice to all recipients and authorized persons shown in its records to be blind or visually impaired: (a) advising of the availability of Braille and the CD option and giving them an opportunity to elect one of the two above alternatives from April 2010 (replacing the existing SNP in such cases); and (b) advising that blind and visually impaired persons are individually entitled to ask defendants to provide any other alternative accommodation. It also ordered a range of ancillary measures including staff training. In response the SSA has set out the detailed procedures which can be requested by individual claimants. 32 The case shows the potential of Section 504 in advancing the position of people with disabilities generally in relation to access to public services. While the court dismissed the more general constitutional due process argument (and probably would have also dismissed any equal protection challenge), the much more specific rules of Section 504 and its implementing regulation provide a more solid basis for challenges to administrative 29 It did, however, point out that extreme individualized instances may occur from time to time in which someone is denied due process because of unique facts and circumstances that cannot be adjudicated on a class-wide basis (at 141).. 30 See the Canadian case of Eldridge v. British Columbia (Attorney General) [1997] 3 S.C.R. 624, 1997 CanLII 327 (S.C.C.).in which the Canadian Supreme Court held that a failure to provide for sign language interpretation where this was necessary to ensure equal access to health care was in breach of the equality provisions (s. 15(1)) of the Canadian Charter of Rights. 31 Guerrero v Carleson, 9 Cal.3d 808 (SC Cal. 1973); Kuri v Edelman, 491 F.2d 684 (7 th. Circuit 1974); Soberal- Perez v Heckler, 717 F.2d 36 (2 nd. Circuit 1983). cert. denied, 466 U.S. 929 (1984). 32
7 (in)action particularly where these provisions are interpreted in the dynamic manner exhibited by Judge Alsup in this case See also See L. Pickering Francis & A. Silvers, Debilitating Alexander v. Choate: Meaningful access to health care for people with disabilities, Fordham Urb L.J. XXXV (2008) for other examples of successful litigation involving Section 504.
I. PERTINENT FACTS AND PROCEDURAL HISTORY
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S EFFIE ELLEN MULCRONE and MARY THERESA MULCRONE TRUST, UNPUBLISHED October 24, 2017 Petitioner-Appellant, V No. 336773 Tax Tribunal CITY OF ST.
More informationHey, Department of Veterans Affairs: Notice This
Hey, Department of Veterans Affairs: Notice This By Douglas J. Rosinski One frustration of representing veterans seeking benefits from the Department of Veterans Affairs (VA) is the number of cases involving
More informationThe 'Right to Reside' and Social Security Entitlements
Trinity College Dublin, Ireland From the SelectedWorks of Mel Cousins 2007 The 'Right to Reside' and Social Security Entitlements Mel Cousins, Glasgow Caledonian University Available at: https://works.bepress.com/mel_cousins/35/
More informationCase 3:15-cv JST Document 79-1 Filed 11/08/16 Page 1 of 83. Exhibit 1
Case 3:15-cv-00623-JST Document 79-1 Filed 11/08/16 Page 1 of 83 Exhibit 1 Case 3:15-cv-00623-JST Document 79-1 Filed 11/08/16 Page 2 of 83 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
More informationRules [Reserved].
REASONABLE ACCOMMODATIONS 201 CHAPTER 2. REASONABLE ACCOMMODATIONS UNDER TITLE II OF THE AMERICANS WITH DISABILITIES ACT Rule 201 211. [Reserved]. REASONABLE ACCOMMODATIONS UNDER TITLE II OF THE AMERICANS
More informationMental stress, workers compensation and equality: Plesner v British Columbia Hydro and Power Authority
Trinity College Dublin, Ireland From the SelectedWorks of Mel Cousins 2010 Mental stress, workers compensation and equality: Plesner v British Columbia Hydro and Power Authority Mel Cousins, Glasgow Caledonian
More informationCase 2:12-cv JFC Document 152 Filed 07/05/18 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Case 2:12-cv-00207-JFC Document 152 Filed 07/05/18 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA GENEVA COLLEGE; WAYNE L. HEPLER; THE SENECA HARDWOOD LUMBER COMPANY,
More informationGeorge Mason University School of Recreation, Health & Tourism Court Reports SHESKEY v. MADISON METROPOLITAN SCHOOL DISTRICT (W.D. Wis.
AGE DISCRIMINATION FOR 50+ FITNESS PROGRAM SHESKEY v. MADISON METROPOLITAN SCHOOL DISTRICT UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN September 26, 2007 [Note: Attached opinion
More informationCase3:15-cv JST Document36 Filed07/17/15 Page1 of 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Case:-cv-00-JST Document Filed0// Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 0 KEVIN HART, et al., Plaintiffs, v. CAROLYN W. COLVIN, Defendant. Case No. -cv-00-jst ORDER DENYING
More informationArgued: November 13, 2007 Opinion Issued: December 31, 2007
NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme
More informationCase 1:18-cv Document 1 Filed 01/27/18 Page 1 of 23 ECF CASE INTRODUCTION
Case 1:18-cv-00749 Document 1 Filed 01/27/18 Page 1 of 23 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BRIAN FISCHLER, Individually and on behalf of all other persons similarly situated,
More informationCase 1:02-cv JR Document 8-1 Filed 08/30/2002 Page 1 of 40 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:02-cv-00864-JR Document 8-1 Filed 08/30/2002 Page 1 of 40 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AMERICAN COUNCIL OF THE BLIND, et al., ) ) Plaintiffs, ) ) CIVIL ACTION NO. v.
More informationRULES OF TENNESSEE DEPARTMENT OF HUMAN SERVICES ADMINISTRATIVE PROCEDURES DIVISION CHAPTER FAIR HEARING REQUESTS TABLE OF CONTENTS
RULES OF TENNESSEE DEPARTMENT OF HUMAN SERVICES ADMINISTRATIVE PROCEDURES DIVISION CHAPTER 1240-5-3 FAIR HEARING REQUESTS TABLE OF CONTENTS 1240-5-3-.0l Right to Appeal. 1240-5-3-.04 Dismissal of Hearing
More informationFiling Claims against the Government under the California Tort Claims Act
California s Protection & Advocacy System Toll-Free (800) 776-5746 Filing Claims against the Government under the California Tort Claims Act 1. Introduction August 2001, Pub #5229.01 In California, before
More informationCase 1:18-cv Document 1 Filed 02/01/18 Page 1 of 22 ECF CASE INTRODUCTION
Case 1:18-cv-00925 Document 1 Filed 02/01/18 Page 1 of 22 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THOMAS J. OLSEN, Individually and on behalf of all other persons similarly situated,
More informationRewritten Policy and New Numbering No No (Individual Rights and Responsibilities)
Policy No. 6026 1.0 ANTI-DISCRIMINATION 1.1 The Board of Education calls upon all educators in the district to take upon themselves an individual and collective responsibility to teach their students both
More informationCase 1:17-cv Document 1 Filed 12/05/17 Page 1 of 23 ECF CASE INTRODUCTION
Case 1:17-cv-09525 Document 1 Filed 12/05/17 Page 1 of 23 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LAWRENCE YOUNG, Individually and on behalf of all other persons similarly situated,
More informationCourt of Appeals of New York, People v. David
Touro Law Review Volume 17 Number 1 Supreme Court and Local Government Law: 1999-2000 Term & New York State Constitutional Decisions: 2001 Compilation Article 3 March 2016 Court of Appeals of New York,
More information42 USC 421. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see
TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 7 - SOCIAL SECURITY SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS 421. Disability determinations (a) State agencies (1)
More informationCase 3:10-cv BR Document 123 Filed 11/15/13 Page 1 of 12 Page ID#: 2969
Case 3:10-cv-00750-BR Document 123 Filed 11/15/13 Page 1 of 12 Page ID#: 2969 STUART F. DELERY Assistant Attorney General DIANE KELLEHER Assistant Branch Director AMY POWELL amy.powell@usdoj.gov LILY FAREL
More informationSASKATCHEWAN HUMAN RIGHTS CODE BILL. No. 160
1 BILL No. 160 An Act to amend The Saskatchewan Human Rights Code and to make consequential amendments to The Labour Standards Act (Assented to ) HER MAJESTY, by and with the advice and consent of the
More informationDue Process in Competition Proceedings
Due Process in Competition Proceedings International Competition Network Roundtable on Investigative Process March 25, 2014 Washington D.C. Keynote Address by Judge Douglas H. Ginsburg U.S. Court of Appeals
More informationCase 1:18-cv Document 1 Filed 02/26/18 Page 1 of 21 ECF CASE INTRODUCTION
Case 1:18-cv-01756 Document 1 Filed 02/26/18 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BRIAN FISCHLER, Individually and on behalf of all other persons similarly situated,
More informationR. (on the application of Child Poverty Action Group) v Secretary of State for Work and Pensions
Trinity College Dublin, Ireland From the SelectedWorks of Mel Cousins 2011 R. (on the application of Child Poverty Action Group) v Secretary of State for Work and Pensions Mel Cousins, Glasgow Caledonian
More informationTribunals must apply EU Law (C 378/17)
Trinity College Dublin, Ireland From the SelectedWorks of Mel Cousins 2018 Tribunals must apply EU Law (C 378/17) Mel Cousins Available at: https://works.bepress.com/mel_cousins/115/ Tribunals must apply
More informationGRIEVANCE AND ARBITRATION PROCEDURES FOR ANY DISPUTES RELATING TO EMPLOYEES AND JOB APPLICANTS OF BILL S ELECTRIC COMPANY
ADR FORM NO. 2 GRIEVANCE AND ARBITRATION PROCEDURES FOR ANY DISPUTES RELATING TO EMPLOYEES AND JOB APPLICANTS OF BILL S ELECTRIC COMPANY 1. General Policy: THIS GRIEVANCE AND ARBITRATION PROCEDURE does
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Case:0-cv-0-CRB Document Filed0/0/ Page of IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 0 STEPHANIE ENYART, v. Plaintiff, NATIONAL CONFERENCE OF BAR EXAMINERS, INC., Defendant.
More informationCase: Document: 6 Filed: 11/03/2016 Pages: 6 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. No ) ) ) ) ) ) ) ) ) )
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 16-3766 NAPERVILLE SMART METER AWARENESS, Plaintiff-Appellant, v. CITY OF NAPERVILLE, Defendant-Appellee. Appeal from the United States District
More informationSUPREME COURT OF THE UNITED STATES
Cite as: 540 U. S. (2003) 1 NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of
More informationCase 1:09-cv JCC-IDD Document 26 Filed 03/08/10 Page 1 of 23 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
Case 1:09-cv-01149-JCC-IDD Document 26 Filed 03/08/10 Page 1 of 23 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division VIRGINIA ELECTRIC AND POWER ) COMPANY ) )
More informationCommencing the Arbitration
Chapter 6 Commencing the Arbitration David C. Singer* 6:1 Procedural Rules Governing Commencement of Arbitration 6:1.1 Revised Uniform Arbitration Act 6:2 Applicable Rules of Arbitral Institutions 6:2.1
More informationThere but for the Grace of God Go I: The Right of Cross-Examination in Social Security Disability Hearings
There but for the Grace of God Go I: The Right of Cross-Examination in Social Security Disability Hearings Passmore v. Astrue 1 I. INTRODUCTION The need for due process and the desire to achieve efficiency
More information2017 REVIEW OF THE FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (FIPPA) COMMENTS FROM MANITOBA OMBUDSMAN
2017 REVIEW OF THE FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (FIPPA) COMMENTS FROM MANITOBA OMBUDSMAN 2 TABLE OF CONTENTS Introduction 3 1. Duty to Document 4 2. Proactive Disclosure 6 3. Access
More informationCase 1:18-cv Document 1 Filed 03/02/18 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION
Case 1:18-cv-00192 Document 1 Filed 03/02/18 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION LAURA MONTERROSA-FLORES, Plaintiff-Petitioner, v. Case No. 1:18-cv-192
More informationRESOLUTION NO. 115 A RESOLUTION ADOPTING THE FOLLOWING SECTION 504 POLICIES AND GRIEVANCE PROCEDURES FOR THE TOWN OF UNION, NY
OFFERED BY: F. Bertoni SECONDED BY: R. Mack RESOLUTION NO. 115 A RESOLUTION ADOPTING THE FOLLOWING SECTION 504 POLICIES AND GRIEVANCE PROCEDURES FOR THE TOWN OF UNION, NY WHEREAS, Section 504 of the Rehabilitation
More informationCase 1:17-cv Document 1 Filed 11/06/17 Page 1 of 23 ECF CASE INTRODUCTION
Case 1:17-cv-08582 Document 1 Filed 11/06/17 Page 1 of 23 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LAWRENCE YOUNG, Individually and on behalf of all other persons similarly situated,
More informationORDINANCE NO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY DEVELOPMENT REGULATIONS, BY AMENDING SECTION
ORDINANCE NO. 03-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 2. 4.7( G), " REQUESTS FOR ACCOMMODATION'; SUBSECTIONS
More informationCase 5:11-cv cr Document 32 Filed 07/20/11 Page 1 of 14 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT
Case 5:11-cv-00174-cr Document 32 Filed 07/20/11 Page 1 of 14 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT DEANNA L. JONES, ) ) Plaintiff, ) ) v. ) Civil Action No.: 5:11-cv-174 ) NATIONAL
More informationELEMENTS OF LIABILITY AND RISK
ELEMENTS OF LIABILITY AND RISK MANAGEMENT II. Torts 1. A tort is a private or civil wrong or injury for which the law will provide a remedy in the form of an action for damages. 3. Differs from criminal
More informationUNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
Lipin v. Steward Healthcare System, LLC et al Doc. 51 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS DR. ALEXANDER LIPIN, Plaintiff, v. Civil No. 16-12256-LTS STEWARD HEALTHCARE SYSTEM, LLC, STEWARD
More information676 F.Supp. 635 (1988)
AMER. DISABLED FOR ACCESSIBLE PUB. TRANSP. v. DOLE 676 F.Supp. 635 (1988) AMERICANS DISABLED FOR ACCESSIBLE PUBLIC TRANSPORTATION (ADAPT) et al. and Eastern Paralyzed Veterans Association (EPVA) et al.
More informationCase 1:17-cv Document 1 Filed 10/19/17 Page 1 of 39 : : : : : : : : : : : :
Case 1:17-cv-08058 Document 1 Filed 10/19/17 Page 1 of 39 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x RICHARD BALDELLI
More informationUNITED STATES DEPARTMENT OF AGRICULTURE BEFORE THE SECRETARY OF AGRICULTURE
UNITED STATES DEPARTMENT OF AGRICULTURE BEFORE THE SECRETARY OF AGRICULTURE In re: ) FSP Docket No. 06-0001 ) Idaho Department of Health and ) Welfare, Statewide Self Reliance ) Programs, ) ) Appellant
More informationEQUAL EMPLOYMENT ADVISORY COUNCIL
EQUAL EMPLOYMENT ADVISORY COUNCIL SUITE 400 1501 M STREET, NW WASHINGTON, DC 20005 TEL 202/629-5650 FAX 202/629-5651 Via http://www.regulations.gov Christina Galindo-Walsh, Attorney Disability Rights Section
More informationMANUEL GALLARZO, Appellant, ARIZONA DEPARTMENT OF ECONOMIC SECURITY, an agency, and. PROGRESSIVE LOGISTICS SERVICES LLC, Appellees.
IN THE ARIZONA COURT OF APPEALS DIVISION ONE MANUEL GALLARZO,, and PROGRESSIVE LOGISTICS SERVICES LLC, Appellees. PHYLLIS CHASE,, and, JP MORGAN CHASE BANK, Appellees. PEDRO MARTINEZ,, Appellee. GABRIELA
More informationCase 1:18-cv Document 1 Filed 02/05/18 Page 1 of 23 ECF CASE INTRODUCTION
Case 1:18-cv-01011 Document 1 Filed 02/05/18 Page 1 of 23 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THOMAS J. OLSEN, Individually and on behalf of all other persons similarly situated,
More informationCITY OF CHICAGO BOARD OF ETHICS. AMENDED RULES AND REGULATIONS (Effective January 5, 2017)
CITY OF CHICAGO BOARD OF ETHICS AMENDED RULES AND REGULATIONS (Effective January 5, 2017) (As required by Chapter 2-156 of the Municipal Code of Chicago.) rev. 1/5/17 TABLE OF CONTENTS Rule 1. Jurisdiction
More informationREQUEST FOR ARBITRATION
IN THE MATTER OF AN ARBITRATION UNDER THE ARBITRATION RULES OF THE LONDON COURT OF INTERNATIONAL ARBITRATION BETWEEN: [NAME OF CLAIMANT] (CLAIMANT) -AND- [NAME OF RESPONDENT] (RESPONDENT) REQUEST FOR ARBITRATION
More informationThere but for the Grace of God Go I: The Right of Cross-Examination in Social Security Disability Hearings
Missouri Law Review Volume 74 Issue 3 Summer 2009 Article 19 Summer 2009 There but for the Grace of God Go I: The Right of Cross-Examination in Social Security Disability Hearings Bradley S. Dixon Follow
More informationCase 1:17-cv Document 1 Filed 11/13/17 Page 1 of 23 ECF CASE INTRODUCTION
Case 1:17-cv-08817 Document 1 Filed 11/13/17 Page 1 of 23 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LAWRENCE YOUNG, Individually and on behalf of all other persons similarly situated,
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA, Plaintiff, v. Civ. No. -- THE STATE OF CONNECTICUT; THOMAS A. KIRK, Jr., Ph.D., Commissioner, Department of Mental
More informationCase 1:19-cv Document 3 Filed 01/16/19 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. Case No.
Case 1:19-cv-00448 Document 3 Filed 01/16/19 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Bureau of Consumer Financial Protection and the People of the State of
More informationFREEDOM OF INFORMATION AND PROTECTION OF PRIVACY BYLAW
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY BYLAW Bylaw No. 2496, 2011 A Bylaw for the Administration of the Freedom of Information and Protection of Privacy Act. WHEREAS under Section 77, of the
More informationRecord and Extra-Record Evidence
Record and Extra-Record Evidence National Organization of Social Security Claimants Representatives Social Security Law Conference, Denver, Colorado October 28, 2015 (as revised November 1, 2015) eric@schnaufer.com
More informationThe Freedom of Information and Protection of Privacy Act
FREEDOM OF INFORMATION AND 1 The Freedom of Information and Protection of Privacy Act being Chapter of the Statutes of Saskatchewan, 1990-91, as amended by the Statutes of Saskatchewan, 1992, c.62; 1994,
More informationCase 1:18-cv Document 1 Filed 02/08/18 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:18-cv-00287 Document 1 Filed 02/08/18 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA VETERAN ESQUIRE LEGAL ) SOLUTIONS, PLLC, ) 6303 Blue Lagoon Drive ) Suite 400
More informationErie County DSS Fair Hearing Training for CASA, Medicaid and Food Stamp workers
Erie County DSS Fair Hearing Training - 2002 for CASA, Medicaid and Food Stamp workers Training Objectives: The worker will understand the role and importance of the fair hearing process; will be able
More informationCase 0:16-cv XXXX Document 1 Entered on FLSD Docket 06/27/2016 Page 1 of 10
Case 0:16-cv-61474-XXXX Document 1 Entered on FLSD Docket 06/27/2016 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION ANDREA BELLITTO and )
More informationCase 1:17-cv Document 1 Filed 01/23/17 Page 1 of 11
Case 1:17-cv-00490 Document 1 Filed 01/23/17 Page 1 of 11 LEE LITIGATION GROUP, PLLC C.K. Lee (CL 4086) Anne Seelig (AS 3976) 30 East 39th Street, Second Floor New York, NY 10016 Tel.: 212-465-1180 Fax:
More informationVoting Rights Act of 1965
1 Voting Rights Act of 1965 An act to enforce the fifteenth amendment to the Constitution of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United
More informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Case 2:09-cv-07710-PA-FFM Document 18 Filed 02/08/10 Page 1 of 5 Present: The Honorable PERCY ANDERSON, UNITED STATES DISTRICT JUDGE Paul Songco Not Reported N/A Deputy Clerk Court Reporter Tape No. Attorneys
More informationMinnesota Department of Health Tribal Governments Grant Agreement
Instructions for completing this form are in blue and bracketed. Fill in every blank and delete all instructions, including these instructions, before sending this document to Financial Management for
More informationPractical Tips for Possession: The View from the Housing Possession Duty Desk and Exceptional Funding under LASPO
Practical Tips for Possession: The View from the Housing Possession Duty Desk and Exceptional Funding under LASPO 23 May 2013 Exceptional Funding Under LASPO the housing law perspective Paper produced
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
Case :-cv-0 Document Filed // Page of LISA ELLS MARGOT MENDELSON MICHAEL S. NUNEZ 0 ROSEN BIEN GALVAN & GRUNFELD LLP 0 Fremont Street, th Floor San Francisco, California - Telephone: () -0 Facsimile: ()
More informationCase 1:17-cv Document 1 Filed 10/06/17 Page 1 of 23 ECF CASE INTRODUCTION
Case 1:17-cv-07695 Document 1 Filed 10/06/17 Page 1 of 23 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LAWRENCE YOUNG, Individually and on behalf of all other persons similarly situated,
More informationNOTICE OF ARBITRATION
IN THE MATTER OF AN ARBITRATION UNDER THE ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE BETWEEN: [NAME OF CLAIMANT] (CLAIMANT) -AND- [NAME OF RESPONDENT] (RESPONDENT) NOTICE OF ARBITRATION
More informationSC Employment Security Commission State Workforce Investment Act Division 1550 Gadsden Street PO Box 1406 Columbia, SC 29202
SC Employment Security Commission State Workforce Investment Act Division 1550 Gadsden Street PO Box 1406 Columbia, SC 29202 January 30, 2002 To: From: Subject: Local WIA Administrators for Chief Elected
More informationCase 5:09-cv RDR-KGS Document 19 Filed 11/05/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
Case 5:09-cv-04107-RDR-KGS Document 19 Filed 11/05/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ROBERT NANOMANTUBE, vs. Plaintiff, Case No. 09-4107-RDR THE KICKAPOO TRIBE
More information(a) Short <<NOTE: 42 USC note.>> Title.--This Act may be cited as the ``Help America Vote Act of 2002''.
[DOCID: f:publ252.107] [[Page 1665]] [[Page 116 STAT. 1666]] Public Law 107-252 107th Congress HELP AMERICA VOTE ACT OF 2002 An Act To establish a program to provide funds to States to replace punch
More informationCase 1:17-cv IT Document 47 Filed 02/12/18 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS
Case 1:17-cv-10273-IT Document 47 Filed 02/12/18 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS LISA GATHERS, R. DAVID NEW, et al., * * Plaintiffs, * * v. * Civil Action No.
More informationLOCAL GOVERNMENT BYLAW NOTICE ENFORCEMENT ACT
Page 1 of 23 Copyright (c) Queen's Printer, Victoria, British Columbia, Canada License Disclaimer This Act has "Not in Force" sections. See the Table of Legislative Changes. LOCAL GOVERNMENT BYLAW NOTICE
More information27 th JUDICIAL DISTRICT OF PENNSYLVANIA
27 th JUDICIAL DISTRICT OF PENNSYLVANIA COURT OF COMMON PLEAS OF WASHINGTON COUNTY AMERICANS WITH DISABILITIES ACT (TITLE II) POLICY The Unified Judicial System of Pennsylvania ( UJS ) complies with Title
More informationLawrence Walker v. Comm Social Security
2010 Decisions Opinions of the United States Court of Appeals for the Third Circuit 2-2-2010 Lawrence Walker v. Comm Social Security Precedential or Non-Precedential: Precedential Docket No. 08-1446 Follow
More informationNC General Statutes - Chapter 143 Article 59 1
Article 59. Vocational Rehabilitation Services. 143-545: Repealed by Session Laws 1995, c. 403, s. 1. 143-545.1. Purpose, establishment and administration of program; services. (a) Policy. Recognizing
More informationCIRCUIT AND CHANCERY COURTS:
. CIRCUIT AND CHANCERY COURTS: Advice for Persons Who Want to Represent Themselves Read this booklet before completing any forms! Table of Contents INTRODUCTION... 1 THE PURPOSE OF THIS BOOKLET... 1 SHOULD
More informationIN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO. v. No. 35,282
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 1-0 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note
More informationJ S - 6 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. CASE NO. CV JST (FMOx) GLOBAL DÉCOR, INC. and THOMAS H. WOLF.
Case :-cv-00-jls-fmo Document Filed 0// Page of 0 Page ID #: 0 0 GLOBAL DÉCOR, INC. and THOMAS H. WOLF vs. Plaintiffs, THE CINCINNATI INSURANCE COMPANY, Defendant. UNITED STATES DISTRICT COURT CENTRAL
More informationREOPENING A CASE FOR THE MENTALLY INCOMPETENT IN LIGHT OF FRANCO- GONZALEZ V. HOLDER 1 (November 2015)
CENTER for HUMAN RIGHTS and INTERNATIONAL JUSTICE at BOSTON COLLEGE POST-DEPORTATION HUMAN RIGHTS PROJECT Boston College Law School, 885 Centre Street, Newton, MA 02459 Tel 617.552.9261 Fax 617.552.9295
More informationAGENCY: Equal Employment Opportunity Commission (EEOC). SUMMARY: The Equal Employment Opportunity Commission is proposing revisions to its
[6570-01-P] EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1614 RIN Number: 3046-AA73 Federal Sector Equal Employment Opportunity AGENCY: Equal Employment Opportunity Commission (EEOC). ACTION: Notice
More informationCDJ 2010 SC 546 JUSTICE CYRIAC JOSEPH
CDJ 2010 SC 546 Court : Supreme Court of India Case No : SPECIAL LEAVE PETITION (C) NO.14889 OF 2009 Judges: THE HONOURABLE MR. JUSTICE ALTAMAS KABIR & THE HONOURABLE MR. JUSTICE CYRIAC JOSEPH Parties
More informationAttorneys for Plaintiff GUILLERMO ROBLES UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA-WESTERN DIVISION
Case :-cv-0-sjo-ffm Document Filed 0/0/ Page of Page ID #: 0 Joseph R. Manning, Jr., Esq. (State Bar No. ) Caitlin J. Scott, Esq. (State Bar No. 0) MANNING LAW, APC MacArthur Blvd., Suite 0 Newport Beach,
More informationCPR PROCEDURES & CLAUSES. Non-Administered. Arbitration Rules. Effective March 1, tel fax
CPR PROCEDURES & CLAUSES Non-Administered Arbitration Rules Effective March 1, 2018 tel +1.212.949.6490 fax +1.212.949.8859 www.cpradr.org CPR International Institute for Conflict Prevention & Resolution
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
Case: 1:13-cr-00328 Document #: 39 Filed: 10/30/13 Page 1 of 6 PageID #:163 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES OF AMERICA. Plaintiff,
More informationAn Introduction to British Columbia s Civil Resolution Tribunal
An Introduction to British Columbia s Civil Resolution Tribunal Prepared by Elizabeth Cordonier www.whitelawtwining.com Introduction This year, residents in British Columbia will have a new forum for resolving
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION
Ruben L. Iñiguez Assistant Federal Public Defender ruben_iniguez@fd.org Stephen R. Sady, OSB #81099 Chief Deputy Federal Public Defender steve_sady@fd.org 101 S.W. Main Street, Suite 1700 Portland, Oregon
More informationUNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994
UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994 USERRA is a federal statute that protects servicemembers and veterans civilian employment rights. Among other things, under certain conditions,
More informationTHE NORTHWEST TERRITORIES HUMAN RIGHTS ADJUDICATION PANEL. IN THE MATTER OF the NWT Human Rights Act, S.N.W.T., 2002, c.
THE NORTHWEST TERRITORIES HUMAN RIGHTS ADJUDICATION PANEL IN THE MATTER OF the NWT Human Rights Act, S.N.W.T., 2002, c. 18 as amended AND IN THE MATTER OF a complaint BETWEEN: ELIZABETH PORTMAN Appellant
More informationSafeguarding the Rights of Legal Services Clients: Creative use of Administrative Law
Safeguarding the Rights of Legal Services Clients: Creative use of Administrative Law July 27, 2011 Lunch and Learn Susan C Antos, santos@empirejustice.org A Fourth Branch of Government? Three branches
More informationChapter 13 Plan Cannot Avoid Lien Absent Adversary Proceeding
Chapter 13 Plan Cannot Avoid Lien Absent Adversary Proceeding Michael Buccino, J.D. Candidate 2010 Introduction In SLW Capital, LLC v. Mansaray-Ruffin (In re Mansaray-Ruffin), 530 F.3d 230, 233 (3d Cir.
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION Civil No. 3:18-cv RJC ) ) ) ) ) ) ) ) ) ) )
Jackson v. Berryhill Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION Civil No. 3:18-cv-00002-RJC CYNTHIA JACKSON, v. Plaintiff, NANCY A. BERRYHILL,
More informationSUPREME COURT OF THE UNITED STATES
Cite as: 537 U. S. (2002) 1 SUPREME COURT OF THE UNITED STATES RICHARD E. EARLY, WARDEN, ET AL. v. WILLIAM PACKER ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH
More informationUnited States Court of Appeals
In the United States Court of Appeals For the Seventh Circuit No. 16-2613 DEREK GUBALA, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. TIME WARNER CABLE, INC., Defendant-Appellee.
More informationIn the Supreme Court of the United States
No. 07-1370 In the Supreme Court of the United States LONG JOHN SILVER S, INC., v. ERIN COLE, ET AL. Petitioner, Respondents. On Petition for a Writ of Certiorari to the United States Court of Appeals
More informationTHE UNIVERSITY OF DUBLIN Trinity College
THE UNIVERSITY OF DUBLIN FREEDOM OF INFORMATION ACTS - HOW TO MAKE A REQUEST What are the Freedom of Information Acts? The Freedom of Information Acts 1997 and 2003 provide that every person has the following
More informationARBITRATION RULES OF PROCEDURE TABLE OF CONTENTS DEFINITIONS... 4
1 TABLE OF CONTENTS DEFINITIONS... 4 RULES 1. OBJECTIVE AND PURPOSE 1.1 Objective of these Rules...7 1.2 Purpose of the hearing...7 2. APPLICATION FOR ARBITRATION 2.1 Grounds for the application...7 2.2
More informationCase 1:11-cv JKB Document 5 Filed 07/06/11 Page 1 of 36
Case 1:11-cv-01832-JKB Document 5 Filed 07/06/11 Page 1 of 36 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, v. Plaintiff, VERIZON DELAWARE LLC,
More informationBLECTRONICAILY FILED DOC#:
Case 1:13-cv-01410-TPG Document 62 Filed 10/23/15 Page 1 of 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MEGAN RAFFERTY, DEBORAH HAYNES, LEASON JACOB, and DIANA GRAY, on behalf of themselves
More informationCoal workers pneumoconiosis and equal protection in Kentucky Cain v Lodestar Energy, Gardner v Vision Mining and Martinez v Peabody Coal
Trinity College Dublin, Ireland From the SelectedWorks of Mel Cousins October, 2010 Coal workers pneumoconiosis and equal protection in Kentucky Cain v Lodestar Energy, Gardner v Vision Mining and Martinez
More informationPractice Note DC (Civil) No. 1A
Practice Note DC (Civil) No. 1A Case Management in Country Sittings This Practice Note is issued under sections 56 and 57 of the Civil Procedure Act 2005 and is intended to facilitate the just, quick and
More informationCase3:13-cv NC Document1 Filed12/09/13 Page1 of 18
Case:-cv-0-NC Document Filed/0/ Page of Marsha J. Chien, State Bar No. Christopher Ho, State Bar No. THE LEGAL AID SOCIETY EMPLOYMENT LAW CENTER 0 Montgomery Street, Suite 00 San Francisco, California
More information