AARP Foundation Legal Advocacy Disability Discrimination including Olmstead
AARP Foundation - Legal Advocacy: Disability Discrimination (including Olmstead) What We Do
Court: U.S. Supreme Court Docket: 17-1184 Read (PDF) and (PDF) Decided: 4/1/2019 Case Result: Social Security vocational experts do not always have to disclose the basis of their opinion that a Social Security applicant can work.
Case Name: Brandenburg v. Montgomery Co. Pub. Schools (MCPS)
Court: U.S. Dist. Ct. Md. Docket: 8:18-cv-02583 Read (PDF)
Filed: 8/21/2018 Case Issue: Is MCPS Employees' Retirement and Pension System Plan's policy of denying accidental disability retirement benefits to employees who became disabled because of a work-related accident at age 62 or older age discriminatory? Case Name: Brown v. District of Columbia Court: U.S. Dist. Ct. D.C. Docket: 10-02250 Filed: 8/13/2019 Case Issue: Does the District of Columbia have an adequate Olmstead plan in place? If not, is it unreasonable for the Court to demand that it provide transition services to all people in nursing facilities who want to move to the community and make public report about its commitment to deinstitutionalize nursing facility residents? Case Name: Brown v. District of Columbia (Litigation Appeal) Court: U.S. Ct. App. D.C. Cir. Docket: 17-7152 Decided: 7/5/2019 Read (PDF), PDF) and (PDF) Result: The D.C. Circuit Court found that the lower court erred by not requiring that D.C. prove that it cannot place Plaintiff class into the community from nursing facilities. The case was remanded to the trial court where D.C. must now prove that it has an effectively working Olmstead plan or prove that it cannot reasonably serve our client in the community. Case Name: Cooper v. Senior Citizens Housing of Ann Arbor
Court: U.S. Dist. Ct. ED Mich. Docket: 18-cv-12448-MAG-MKM Settled: 7/24/2019 Read (PDF) and Case Issue: The parties reached an amicable settlement in which Lurie Terrace removed the "able to live independently" requirement from its lease and adopted model policies and practices to prevent disability discrimination and guarantee that reasonable accommodations will be available to tenants.
Case Name: Stephanie P. v. Shibinette Court: U.S. Dist. Ct. New Hampshire Docket: 21-00025 Filed: 1/11/2021 Read (PDF) Case Issue: Does the failure of the New Hampshire Department of Health and Human Services to provide personal care and other services to people with disabilities under the state’s Choices for Independence Waiver program, that puts them at risk of needing to be institutionalized, violate the Americans with Disabilities Act or other federal law?
Docket Disability Discrimination including Olmstead
Case Name: Biestek v. BerryhillCourt: U.S. Supreme Court Docket: 17-1184 Read (PDF) and (PDF) Decided: 4/1/2019 Case Result: Social Security vocational experts do not always have to disclose the basis of their opinion that a Social Security applicant can work.
Case Name: Brandenburg v. Montgomery Co. Pub. Schools (MCPS)
Court: U.S. Dist. Ct. Md. Docket: 8:18-cv-02583 Read (PDF)
Filed: 8/21/2018 Case Issue: Is MCPS Employees' Retirement and Pension System Plan's policy of denying accidental disability retirement benefits to employees who became disabled because of a work-related accident at age 62 or older age discriminatory? Case Name: Brown v. District of Columbia Court: U.S. Dist. Ct. D.C. Docket: 10-02250 Filed: 8/13/2019 Case Issue: Does the District of Columbia have an adequate Olmstead plan in place? If not, is it unreasonable for the Court to demand that it provide transition services to all people in nursing facilities who want to move to the community and make public report about its commitment to deinstitutionalize nursing facility residents? Case Name: Brown v. District of Columbia (Litigation Appeal) Court: U.S. Ct. App. D.C. Cir. Docket: 17-7152 Decided: 7/5/2019 Read (PDF), PDF) and (PDF) Result: The D.C. Circuit Court found that the lower court erred by not requiring that D.C. prove that it cannot place Plaintiff class into the community from nursing facilities. The case was remanded to the trial court where D.C. must now prove that it has an effectively working Olmstead plan or prove that it cannot reasonably serve our client in the community. Case Name: Cooper v. Senior Citizens Housing of Ann Arbor
Court: U.S. Dist. Ct. ED Mich. Docket: 18-cv-12448-MAG-MKM Settled: 7/24/2019 Read (PDF) and Case Issue: The parties reached an amicable settlement in which Lurie Terrace removed the "able to live independently" requirement from its lease and adopted model policies and practices to prevent disability discrimination and guarantee that reasonable accommodations will be available to tenants.
Case Name: Stephanie P. v. Shibinette Court: U.S. Dist. Ct. New Hampshire Docket: 21-00025 Filed: 1/11/2021 Read (PDF) Case Issue: Does the failure of the New Hampshire Department of Health and Human Services to provide personal care and other services to people with disabilities under the state’s Choices for Independence Waiver program, that puts them at risk of needing to be institutionalized, violate the Americans with Disabilities Act or other federal law?