Summer 2004

judge

Legal Briefs
The following information appeared in the May 2004 edition of CABN Fever

Health Care Coverage for Some Working Parents Continued Through April, 2005

In February 2003, the legislature passed budget adjustments which eliminated HUSKY A health care coverage for parents in families with income above 100% of the federal poverty level (FPL). In March, 2003, working parents who were facing elimination of their health care coverage, represented by lawyers from Connecticut Legal Services, Greater Hartford Legal Aid and New Haven Legal Assistance Association, sued to maintain coverage for two years under the Transitional Medical Assistance (TMA) program. Health care coverage for these 15,000 families was continued under a court order while the court worked on a decision. In March, 2004, the federal appeals court issued a decision in favor of the working parents. As a result of this ruling, HUSKY A parents who had earnings and income above 100% of the FPL when eligibility levels were reduced in April of 2003, will remain eligible for TMA until April 1, 2005. The ruling does not increase the income limit for coverage of parents; this limit remains at 100% of the federal poverty level.

Protecting the Rights of DSS Clients with Disabilities

In January 2003, the Department of Social Services closed six offices and reduced staff by 150 people. Case workers have seen their caseload increase from 600 to over 1,000 cases, and voicemail systems are consistently filled to the limit. Both the office closures and subsequent DSS staff layoffs have led to numerous delays and incorrect decisions regarding benefits for people with disabilities.

In January 2003, eight people affected by the DSS office closings challenged the office closings. The lawsuit, named Raymond vs. Rowland, alleges that DSS has failed to screen clients for disabilities and is in violation the Americans with Disabilities Act(ADA) and the U.S. Constitution. In addition, the suit claims that DSS has failed to provide an adequate appeal process for clients who have been denied benefits, a violation of constitutional due process rights.

On March 12, 2004, a U.S. District judge, granted class certification and authorized two legal services attorneys to represent the class of people affected. The number affected is in the tens of thousands, given the number of individuals receiving SAGA cash, Aid to the Aged, Blind & Disabled (AABD) and Medicaid benefits based on disability, as well as those receiving TFA exemptions or extensions due to disabling conditions or impairments.

If you are a person with disabilities, or are working with someone with disabilities, who is experiencing problems accessing benefits through DSS, please contact the legal services lawyers representing the class members in this case: Lucy Potter, Maria Morelli-Wolfe or Greg Bass at Greater Hartford Legal Aid (860-541-5000); Joanne Gibau at New Haven Legal Assistance Association (203-946-4811); or, at Connecticut Legal Services, Shirley Bergert (Willimantic, 860-456-1761), Priya Cloutier (New London, 860-447-0323), or Cheryl Kohler (Waterbury, 203-756-8074).