The Role of the Courts in Securing Welfare Rights and ...

More documents

Recommendations

Info

Welfare Law Centerassessment of the recipient’s educational and vocational history and needs. The court has ruledfor the plaintiffs so far. The Welfare Law Center is co-counsel with others.Brukhman v. Giuliani (New York). 9 This case challenges New York City’s practice offailing to compute workfare hours at prevailing wage rates rather than minimum wage rates. Thecase raises state statutory claims as well as other claims, including a state constitutional claim.After the initial successful decision, the legislature eliminated the prevailing wage provision andthe appellate court accordingly reversed the favorable lower court decision. The plaintiffs areappealing. The Welfare Law Center is co-counsel with others.Capers v. Giuliani (New York). 10 This case challenged New York City’s failure toprovide basic health and safety protections to workfare workers. Claims were based on statewelfare law provisions providing for assignments to workfare positions only if health and safetystandards are met (other claims were raised as well). Following an initial victory the statelegislature enacted legislation providing that workfare workers are covered under the lawprotecting public employees. Based on this change the appellate reversed the lower court’s order.The Court of Appeals subsequently declined to hear an appeal. The Welfare Law Center wasco-counsel with others.These cases are all part of a broader organizing strategy to secure worker protections. 11Piron v. Wing (New York). 12 This case seeks to enforce state law requiring hearings tobe issued and implemented within 90 says of the hearing request. The court has grantedpreliminary relief for plaintiffs and intervenors.State of New Mexico ex rel Taylor v. Johnson (New Mexico). 13 This case successfullychallenged the Governor’s attempts to implement his own version of welfare reform after thestate legislature failed to pass new welfare legislation. The court ruled that the Governor hadexceeded his authority under the state constitution and that he must comply with existing statewelfare law.Thibault v. Department of Transitional Assistance (Massachusetts). 14 This challenge tothe process by which the state makes disability determinations for TANF and Emergency AidMay 1999⋅ 7 ⋅
Welfare Law Centerraises claims under state law, the Americans With Disabilities Act, and Title VI of the CivilRights Act. The court has granted preliminary relief finding that denial of a disability exemptionto those who did not respond to a letter from the private contractor responsible for makingdeterminations was arbitrary and unreasonable in violation of state law requiring that welfareadministration be fair and equitable. The court found that the letter was technical, confusing, anddifficult to understand, complete and return and that it required an educational level higher thanthat of most recipients.Smith v. McIntire (Massachusetts). 15 This case challenges the denial of earningsdisregards in determining eligibility for and the amount of grant extensions for families that haveexhausted their state 24-month TANF time limit. The court ruled that the state regulations are inconflict with the state welfare statute which requires the disregards.AFDC Litigation:Massachusetts Coalition for the Homeless v. Secretary of Human Services(Massachusetts). 16 This litigation was part of an extensive campaign to increase AFDC benefitlevels. In this 1987 decision the Massachusetts court ruled that a state statute required thatAFDC benefit levels be sufficient to maintain families in their own homes and therefore requiredthe agency to 1) seek to prevent homelessness by providing sufficient bene fits or by othermeans; and 2) notify the legislature when appropriations were not sufficient to meet this duty.Although the court did not order the defendants to pay increased benefits (a decision for thelegislature), it did order them to update the standards of adequacy annually and to ask thelegislature to address the issues through appropriations or other means.2. State General Assistance StatutesGeneral Assistance (GA) programs are established under state, not federal law, andlitigation has sought to enforce these and related provisions in state law. 17 Some recent examplesinclude:May 1999⋅ 8 ⋅
Page 3: SectionPageD. Role of Federal Const
Page 7 and 8: Welfare Law CenterCourts have a lim
Page 9: Welfare Law Centereligible under fe
Page 13 and 14: Welfare Law Centerthe program. The
Page 15 and 16: Welfare Law CenterIn what kinds of
Page 17 and 18: Welfare Law CenterVarshavsky v. Per
Page 19 and 20: Welfare Law Center2. Applying the P
Page 21 and 22: Welfare Law Center· Workers’ Com
Page 23 and 24: Welfare Law CenterThe authors are a
Page 25 and 26: Welfare Law Centerthose who are non
Page 27 and 28: Welfare Law Centerfailure to provid
Page 29 and 30: Welfare Law Centerfor a “right to
Page 31 and 32: Welfare Law CenterThompson, 67 the
Page 33 and 34: Welfare Law CenterMaryland’s maxi
Page 35 and 36: Welfare Law Centeran opportunity to
Page 37 and 38: Welfare Law Centerfrom Virginia not
Page 39 and 40: Welfare Law Centervalidity, the goo
Page 41 and 42: Welfare Law Centerdepartment was bo
Page 43 and 44: Welfare Law Centerthe named plainti
Page 45 and 46: Welfare Law CenterDoes internationa
Page 47 and 48: Welfare Law CenterA. Food Stamps an
Page 49 and 50: Welfare Law Centeras consistent wit
Page 51 and 52: Welfare Law CenterBefore the 1996 f
Page 53 and 54: Welfare Law Centersue to enforce th
Page 55 and 56: Welfare Law Centerby meeting with w
Page 57 and 58: Welfare Law CenterIn 1997, the Eigh
Page 59 and 60: Welfare Law CenterBackgroundFor yea
Page 61 and 62:
Welfare Law CenterMay 1999⋅ 58
Page 63 and 64:
Welfare Law CenterAdvocates might b
Page 65 and 66:
Welfare Law CenterAdvocates and the
Page 67 and 68:
Welfare Law Centertogether major fi
Page 69 and 70:
Welfare Law Center25. 42 U.S.C. §
Page 71 and 72:
Welfare Law Center58. 42 U.S.C. §
Page 73 and 74:
Welfare Law Center93. In Delaware a
Page 75 and 76:
Welfare Law Center121. 45 C.F.R. §
show all

The Role of the Courts in Securing Welfare Rights and ...

Create successful ePaper yourself

Delete template?

Save as template?