Briefs, Pleadings, Comments, Advice & Advocacy Letters

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Sample briefs, pleadings, client advice letters, advocacy letters and comments prepared by advocates that can be used as models by other advocates.

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Testimony Submitted Re An Act Relative to Special Juveniles

Various
Improving Access to Special Immigrant Juvenile Status (SIJ): Legal Services advocates and others recently submitted the attached testimony at a State House hearing concerning widely-supported and much-needed legislation to improve access to state courts for special immigrant juvenile abuse…

MA SNAP Crisis: Local and State Letters and Recommendations to Governor Baker, EOHHS and USDA

MLRI
Below are copies of letters sent to the Baker Administration and USDA about the current MA SNAP Crisis. Please consider writing a letter from your organization to USDA and the Baker Administration to share what you are seeing in your community and urge USDA and the Baker Administration to STOP the…

Post-Foreclosure Specific Discovery Requests (Pro-Se)

GBLS & HLAB
Pro- Se Discovery specifically designed for tenants and homeowners post-foreclosure. If you have any questions, comments or corrections, please contact Liliana Ibara at LIbara@gbls.org.

DLC memo on new DESE and EEC regulations on seclusion and restraint

Disability Law Center

PPER Email 2014- 43: Overtime Instructions for Cash Case Managers - Update

DTA

Behavioral Health Services for People in MassHealth Fee for Service

Vicky Pulos, MLRI
This memo summarizes how people enrolled in MassHealth Fee for Service rather than Managed Care can gain access to behavioral health services.  It describes some of the differences between Fee for Service and Managed Care and offers some advocacy tips for children and adults having difficulties…

Harper v. DTA Settlement Notice

GBLS
The Named Plaintiffs and Greater Boston Legal Services are pleased to announce a settlement in Harper v. DTA, a federal civil rights case brought against the welfare department, DTA, for disability discrimination.  We are sending this letter to you and other community and state providers…

Harper v. DTA

Varied
Attached are papers from the Harper v. DTA litigation, including: Complaint Settlement agreement Appendices to the settlement agreement Settlement NOtice Summary of Settlement Notice Harper v. DTA.  Harper v. DTA is  a federal civil rights case brought against…

New Requirements for Electronic Payment of Social Security and Other Federal Benefits

National Consumer Law Center

DTA Language Access Complaint

Naomi Meyer, GBLS
The attached complaint was filed by Naomi Meyer of Greater Boston Legal Services under the Department of Transitional Assistance's Language Access Plan for failure to provide language access and copied to Ron Marlow with the Office of Access and Opportunity. The…

Settlement Agreement - Brugman v. DUA

Brian Flynn, GBLS and Margaret Monsell, MLRI
Case alleged that DUA had a pattern and practice of alleging -- with no evidentiary basis whatsoever -- that claimants had misrepresented a material fact or facts in applying for UI. In nearly all these cases, a redetermination was conducted at the employer's request, following which the…

DTA Language Access Complaint

Naomi Meyer, GBLS
The attached complaint was filed by Naomi Meyer of Greater Boston Legal Services under the Department of Transitional Assistance's Language Access Plan for failure to provide language access and copied to Ron Marlow with the Office of Access and Opportunity. The complaint is in regards to…

DTA Language Access Complaint

Naomi Meyer, GBLS
The attached complaint was filed by Naomi Meyer of Greater Boston Legal Services under the Department of Transitional Assistance's Language Access Plan for failure to provide language access and copied to Ron Marlow with the Office of Access and Opportunity. The…

Letter from Disability Rights Coalition to Sec Bigby on Duals Memo of Understanding

Disability Advocates Advancing our Health Care Rights
Letter from Disability Advocates Advancing our Health Care Rights (DAAHR), a broad-based disability rights coaltion initially organized to work on the Office of Medicaid's proposal to integrate services for people under age 65 dually eligible for Medicaid and Medicare, to Sec. Bigby and …

Arise, et al. v. DHCD (Decision)

Janet Sanders, Superior Court Justice, Suffolk
Arise, et al v. DHCD was filed to enjoin DHCD from promulgating regulations which would restrict access to Emergency Assistance. Among other policies challenged was the restriction of EA to only four categories of applicants notwithstanding broader eligibility enumerated by the legislature, and…

Arise, et al. v. DHCD (Complaint, Motion for Preliminary Injunction & Memo in Support)

MLRI
Arise et al v. DHCD is a lawsuit filed seeking to enjoin DHCD from promulgating emergency regulations and revising its policies to implement restrictive new rules for determining when a family's health and safety are sufficiently at risk to qualify the family for emergency shelter.Attached are the…

Comments to A&F Bulletin #16 Revisions and Response from OAO

Naomi Meyer, Greater Boston Legal Services and Ronald Marlow, Office of Access and Responsibility
Administration & Finance Bulletin #16, Language Access Policy and Implementation Guidelines, was updated and re-released on October 10, 2012 and required all agencies in the Executive Branch in MA to update their Language Access Plans. Greater Boston Legal Services drafted a letter to…

2012 Comments on Cori Regs by Rep. Liz Malia

Rep. Liz Malia (Rosie Hunter)

Comments: Proposed Regulations Implementing State Administration of the SSI State Supplement

Linda Landry

Sample "Collection Proof" Letters

Legal Advocacy and Resource Center
Information from the Legal Advocacy and Resource Center about your rights if you are in debt.  Also a sample letter to send to a collection agency if you are "judgement proof" or "collection proof."

DTA Language Access Complaint

Naomi Meyer, GBLS
This complaint was filed under the Department of Transitional Assistance's Language Access Plan and copied to Ron Marlow with the Office of Access and Opportunity. The complaint is in regards to a Spanish speaking, LEP individual who was denied an interpreter on multiple occations and susequently…

MLRI Memo to DHS on Expanding EAD Eligibility

Iris Gomez, Virginia Benzan, Andrea Matos, Nida Javaid, Jessica Spradling
Legal and policy reasons why DHS should expand employment authorization to additional categories of non-citizens.

Social Security Ruling Affects New Applications

Louise M. Tarantino| Catherine M. Callery (Kate)
Social Security Ruling (SSR) 11-1p effective on July 28, 2011, precludes the filing of a subsequent application for benefits while an appeal is pending. This SSR revokes the rules that the Social Security Administration (SSA) had issued more than ten years ago, allowing a new application to proceed…

Comments on HomeBASE Emergency Regulations – 760 C.M.R. 65.00

MLRI, GLBS, CASLS, NLS
Comments on the HomeBase emergency regulations.

Sample DUA Personnel Records Request

Monica Halas/Margaret Monsell
Sample public records request for client file from DUA, referenced in Q. 59 of the UI Advocacy Guide

Response re SSA Request for Comments on DAA (DLC, GBLS)

Svetlana Uimenkova

Finch, et al v. Commonwealth Health Insurance, et al -Complaint

Health Law Advocates
Attached is Health Law Advocates's complaint challenging on equal protection grounds state law dropping nonfederally eligible immigrants from Commonwealth Care in FY 2010. More information about the case can be found on the Health Law Advocates website (see link below). (Note…

Amici brief in Commonwealth v. Agana

Robert Fleischner
This brief addresses a court's responsibility to accommodate a witness with a communication disability. The witness, who has aphasia, was the victim of sexual abuse in a nursing home.

Childhood Disability Determination, Analysis of Functional Areas Toddler (age 1-2)

Children's Disability Project, GBLS
This analysis requests an evaluation of the severity of a child's functional limitation in six broad areas of functioning. The information is used to determine whether the child's limitations are functionally equivalent to the impairments listed in the Social Security regulations.

Childhood Disability Determination Analysis of Functional Areas Infant (age 0-11 months)

Chidren's Disability Project, GBLS
This analysis request an evaluation of the severity of a child's functional limitations in six broad areas of functioning. The information is used to determine whether the child's limitations are functionally equivalent to the impairments listed in the Social Security regulations.

Childhood Disability Determination Analysis of Functional Areas School-Age Children (age 6-11)

Children's Disability Project, GBLS
This analysis requests an evaluation of the severity of a child's functional limitation in six broad areas of functioning. The information is used to determine whether the child's limitations are functionally equivalent to the impairments listed in the Social Security regulations.

Childhood Disability Determination Analysis of Functional Areas Preschooler (age 3-5)

Children's Disability Project, GBLS
This analysis requests an evaluation of the severity of a child's functional limitation in six broad areas of functioning. The information is used to determine whether the child's limitations are functionally equivalent to the impairments listed in the Social Security regulations.

Childhood Disability Determination Analysis of Functional Areas Adolescent (age 12-17)

Children's Disability Project, GBLS
This analysis requests an evaluation of the severity of a child's functional limitation in six broad areas of functioning. The information is used to determine whether the child's limitations are functionally equivalent to the impairments listed in the Social Security regulations.

Brief of Amicus Curiae (Clark v Astrue)

Catherine M. Callery (Empire Justice Center), DLC (Linda Landry), et. al.

Sample provider email/letter questioning Virtual Gateway Food Stamp application decision

Many nonlegal providers help households file Food Stamp applications online using the "Provider" face of the Virtual Gateway.  Gateway providers can now get the REASON for the denial of FS application (up until recently, the quot;reason" field was blank.) This means an opportunitiy for quick follow…

Complaint Letter to HUD about Violation of Title VI and Title VIII

Lynn Girton and Ed Rice
The attached complaint is a letter to the Office of Fair Housing and Equal Opportunity - United States Department of Housing and Urban Development regarding a low-income Spanish speaking mother who was discriminated against on the basis of national origin in violation of Title VI and Title VIII. The…

Example of a Fee Agreement in EAJA Case

MLRI Comments on Proposed Rules 956 CMR 6.00: on Health Reform Affordability and the Individual Mandate

MLRI comments on proposed 2008 tax penalty

What's happening to Free Care?

Summary of major changes to free care taking effect after October 1, 2007 & advocacy tips for clients receiving Free Care termination notices.

Flyer on Medicare Part D Appeal Rights -English

Fact Sheet on appeal rights in the Medicare Drug program. Prepared by the Medicare Advocacy Project.

GBLS comments on proposed Health Safety Net Pool

Safety Net Care Comments from MLRI and CoSignors

Attached are two documents.The DHCFP issued some modifications to their draft pool regulations on August 22nd (the day of the public hearing)MLRI's comments on the proposed regulationsTHE DEADLINE TO SUBMIT WRITTEN COMMENTS IS AUGUST 31, 2007 5 p.m.

Hutchinson case complaint -- Head Injury Case

CPR and WilmerHale have sued the state challenging the inappropriate and illegal placement of individuals with head injuries in nursing homes and the failure to provide them community services.

MLRI Comments on future of Free Care

June 2007 comments submitted to DHCFP at "consultative session" on future of Free Care. Proposed regs for Safety Net Care Pool (successor to Uncompensated Care Pool) should be out in July-August 2007.

Comments on Proposed Regulations on Commonwealth Care and Affordability Schedule for Individual Mandate

Legal Services comments on "Eligilibility and Hearing Process for Commonwealth Care" as well as "Affordability Schedule" for Chapter 58 individual mandate generally

MLRI Comments on Young Adult Insurance Plans

Raising concerns about annual caps set at too low level

Letter to Sec. Bigby on poverty level reclassification

MLRI, HCFA
This letter from MLRI & HCFA urges Sec. Bigby to automatically reclassify MassHealth members under the new 2007 poverty level standards without waiting for annual redtermination. Advocates should also check for clients who may be entitled to a richer coverage type or lower premiums under the new…

Rosie D Remedial Plan Affidavits

The parties to Rosie D, unable to reach agreement, have submitted seperate remedial plans. The plaintiffs' experts and others have filed afffidavits in support of the plaintiffs' plan and explaining why the state's plan is inadequate. The affidavits are consolidated here into a single document.

MLRI comments to the Connector Board on CCHIP Emergency Regulations

MLRI
MLRI's comments on Connector Board's  Emergency Regulations 956 CMR 2.00, "MMCO Participation in CCHIP", and Administrative Bulletin 01-06, "Guidelines for MMCO Plan Submission"