Hull v. Barnhart, 336 F.Supp.2d 1113 (D. Oregon 2004)

2004-06-23

Federal district court decision. Under the statute, the fleeing felon provision on which Social Security relies to terminate benefits only applies if a person intends to flee from prosecution, not if a warrant exists but was unknown to the person at the time she left the jurisdiction. Contrary to Social Security?s argument that a person with an outstanding warrant is a fleeing felon under the statute until the warrant is resolved, the statute and applicable regulations in fact require a court finding that the person is in fact fleeing prosecution.

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• Public Benefits Access
• Fleeing Felon Materials

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Blakely v. Commissioner, 330 F.Supp.2d 910 (W.D. Mich. 2004)

2004-03-08

Federal district court decision. The mere existence of a warrant for Blakely?s arrest on a felony assault charge was insufficient to show flight to avoid prosecution, and therefore could not serve as the basis for SSA?s decision to terminate claimant's supplemental security income (SSI) benefits, even though the claimant, Blakely, was aware of warrant; Blakely was not aware of the warrant when he left the state, he did not attempt to conceal himself, he was financially and physically unable to travel to the state that issued the warrant, and the state refused to extradite him, even though he volunteered to return.

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• Public Benefits Access
• Fleeing Felon Materials

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Garnes v. Barnhart, 352 F.Supp.2d 1059 (N.D. Cal. 2004)

2004-11-05

Federal district court decision. District court was not required to defer to SSA Commissioner's interpretation of ?fleeing felon? statute, despite statute's failure to define that phrase; The agency?s implementing regulation did not implicate an area of special agency expertise, and SSA?s interpretation, that the mere issuance of a warrant sufficed regardless of the absence of any showing of intent, nullified the regulation's plain language requiring "an appropriate finding that the individual is fleeing, or has fled, to avoid prosecution".

Filed Under:

• Public Benefits Access
• Fleeing Felon Materials

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Fowlkes v. Adamec, 432 F.3d 90 (2nd Cir. 2005)

2005-12-06

Federal Court of Appeals decision (Second Circuit). The court found that SSA?s guidelines for declaring a person a fleeing felon were inconsistent with statute and regulations, in that they did not require proof of intent to evade justice. The court, not SSA, is permitted to make a finding that the party is fleeing prosecution. Benefits cannot be suspended from the date a warrant itself was issued, but rather, from the date in which a person is officially declared a fleeing felon. The case was remanded to the district court to treat Fowlkes? complaint as a petition for review of the SSA Commissioner?s decision to suspend Fowlkes? benefits.

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• Public Benefits Access
• Fleeing Felon Materials

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Gonzalez v. Barnhart, opinion of the federal district court (W.D.N.Y) -- role of HIV meds in determining disability benefits eligibility

2007-03-29

LJ Fisher, of the Empire Justice Center, summarized the Gonzalez v. Barnhart decision as follows: The case is significant because it details the need to consider medication side effects in the context of HIV/AIDS disability cases, as required specifically under listing 14.08 N. The decision provides support for finding marked ADLs (activities of daily living), supported by the plaintiffs testimony, as well as the treating doctors assessment. Additionally, there is a good analysis showing the plaintiff met listing 14.08 D 2, even where the ALJ had dismissed her recurrent HSV (herpes simplex virus) infection as non-severe. Importantly, the decision includes an explanation of the term rescue regimen (aka salvage regimen) and the ramifications of limited medication possibilities for persons with extensive medication resistance. There is also a definition of asymptomatic that should be instructive in that it clarifies that the term does not mean there is no disease progression during that phase of HIV infection.

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• Public Benefits Access

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Alliance for Open Society International v. United States Agency for International Development, 430 F.Supp.2d 222 (S.D.N.Y. May 08, 2006)

2006-05-08

In a case brought by the Brennan Center for Justice at NYU School of Law, two organizations (AOSI and Pathfinder International) that received funding under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (the Leadership Act) sued the U.S. Agency for International Development (USAID), among others, seeking to enjoin their narrow reading of the Leadership Act’s provision requiring funded organizations to have a policy expressly opposing prostitution and sex trafficking. In May, 2006, the U.S. District Court for the Southern District of New York ruled that this requirement violated the organizational plaintiff’s First Amendment rights, restricting their privately-funded speech and forcing them to adopt the U.S. government’s views in order to be eligible for funding. The opinion may also be useful to those looking for a source in which to discuss HIV among marginalized groups. The opinion discusses the larger context in which the debate takes place, citing the high rates of HIV among some populations sex workers and the difficulties in reaching this marginalized community. The Court of Appeals for the Second Circuit remanded in view of proposed new HHS and UNAIDS guidelines to determine whether a preliminary injunction is appropriate. In February 2008, the plaintiffs filed an amended complaint to add Global Health Council and InterAction (international development and public health groups) as plaintiffs; Global Health Council and InterAction then moved for a preliminary injunction on behalf of their members. HHS represented to the court that its July 2007 guidelines will go through a notice and comment process by April 2008, after which the court will assess the constitutionality of the revised guidelines. For copies of pleadings and other information, go to http://www.brennancenter.org/content/resource/aosi_v_usaid/

Filed Under:

• Gender Issues
• Prevention and Sexual Health
• Public Benefits Access
• Racial Justice
• Human Rights
• International
• Reproductive Health and Rights
• Women/Women's Advocacy Resource Connection
• Stigma

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Fleeing Felon Case Summaries

2007-01-07

A synopsis of the key facts and holdings of federal court cases addressing the SSA's interpretation of the federal "fleeing felon" statutory language that allows discontinuation of benefits for claimants who flee a jurisdiciton to avoid criminal prosecution.

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• Public Benefits Access
• Fleeing Felon Materials

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The Fugitive Felon Rules

2005-09-14

Short summary of the Fleeing Felon rules, successful court challenges, and contact information for advocates, published by the National Senior Citizen Law Center.

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• Public Benefits Access
• Fleeing Felon Materials

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The Center on Budget and Policy Priorities, "The New Medicaid Citizenship Requirement: A Brief Overview"

2006-04-20

This report, prepared by the Center on Budget and Policy Priorities, examines the February, 2006 provision requiring all Medicaid applicants and recipients to provide a birth certificate or passport to become eligible for the program. While the provision was passed as an effort to prevent illegal immigrants from being covered by Medicaid, it is more likely to create unnecessary challenges to a significant number of low-income U.S. citizens. The federal government's new requirement is this: people claiming to be citizens must provide documentation of citizenship to the Medicaid program. In other words - eligibility has not changed, but there is a new documentation requirement. This is only required of citizens; there is no new Medicaid documentation required from people who are green card holders, or PRUCOL (Permanently Residing Under Color of Law). You do not need to be a US citizen in order to be allowed to use the Medicaid program. Using Medicaid does not have negative immigration consequences. Most naturalized US citizens are in a good position to provide this documentation. The documentation is more likely to be a challenge for US-born citizens who don't have their birth certificates. Citizenship documentation is not required for lawful permanent residents or other non-citizens who are eligible for the Medicaid program - the new requirement applies only to citizens.

Filed Under:

• Health Care and Insurance Issues
• Immigration
• Public Benefits Access

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Have You Seen a Fleeing Felon? Social Security Administration Targets SSI Recipients With Outstanding Warrants

2003

Authored by Gerry McIntyre, this article explains the welfare legislation that created the "fleeing felon" rule allowing discontinuation of SSI benefits, legal developments, SSA's misapplication of the rule, and legal developments. It was originally published in Clearinghouse Review.

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• Public Benefits Access
• Fleeing Felon Materials

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Comments of NSCLC to the Social Security Commissioner on Fleeing Felon Rules

2006-02-03

Comments submitted to Commissioner Barnhart by the National Senior Citizens Law Center.

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• Public Benefits Access
• Fleeing Felon Materials

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Comments of Judge Morgan on Nonpayment of Benefits to Fugitive Felons and Probation or Parole Violators, NPRM, 70 Fed. Reg. 72411 (Dec. 5, 2005)

2006-02-03

Comments of Judge Mary Morgan of the Superior Court of California, County of San Francisco to Commissioner Barnhart on the Fleeing Felon rules.

Filed Under:

• Public Benefits Access
• Fleeing Felon Materials

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Comments of the LA Public Defender on proposed fleeing felon rules

2006-02-01

Comments of Michael Judge, Chief Public Defender of LA County, on proposed Social Security rules on nonpayment of benefits to fleeing felons.

Filed Under:

• Public Benefits Access
• Fleeing Felon Materials

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Social Security and Fugitive Felon eligibility exclusion: 42 U.S.C. § 1382. Eligibility for benefits

2007-01-10

U.S. Code provisions on eligibility for benefits, highlighting the provisions governing the fleeing felon exclusion from benefits. (Relevant provisions are bolded.)

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• Public Benefits Access
• Fleeing Felon Materials

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Social Security Administration -- SSI Benefits Eligibility: Underpayments to Prisoners and Other Check Related Prisoner Issues

2001-05-23

This SSA manual excerpt discusses the appropriate methods of providing SSI underpayments to prisoners, alternative methods for paying underpayments while the prisoner is incarcerated, and the procedures for redeeming SSI benefit checks that are received at correctional institutions. Generally, prisoners are not eligible for SSI during their incarceration (for more information see SSAs fact sheet What Prisoners Should Know About Social Security at http://www.socialsecurity.gov/pubs/10133.pdf). SSA must pay underpayments to prisoners incurred during their period of eligible. As a matter of policy, SSA exhausts every alternate method of payment before issuing a paper check to an incarcerated person at an institution because such payments cause severe public relations problems. Instead, SSA will request that the prisoner have the checked issued to a bank account or obtain a temporary mailing address for the prisoner other than the institution. The prisoner has to agree to these alternatives -- if not, SSA must issue the underpayment to the recipient at the correctional institution. This sheet also addresses the steps an institution should take if an inmate is receiving benefits. While the institution should contact the SSA, it should not intercept the check.

Filed Under:

• Prisons and Jails
• Public Benefits Access

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NYS Dep't of Health, Office of Health Insurance Programs, GIS on coverage of chemo & radiation as emergency medical service for undocumented aliens,

2007-09-20

It is not unusual to encounter women battling both HIV disease and breast cancer. But can an undocumented immigrant get prescribed chemotherapy or radiation therapy to treat cancer as an emergency medical service? The NY Department of Health, Office of Health Insurance Programs, issued this directive to local district commissioners, Medicaid directors, and Temporary Assistance directors to clarify that, until told differently, local social services must continue to treat chemotherapy and radiation as emergency medical services payable under Emergency Medicaid, on behalf of immigrants without status (undocumented immigrants).

Filed Under:

• Health Care and Insurance Issues
• Immigration
• Public Benefits Access

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Gonzalez v. Barnhart -- Brief of Plaintiff/Empire Justice Center

2006-10-10

From the brief's preliminary statement: This is an appeal from the final decision denying plaintiff Julia Gonzalez benefits under Title II and Title XVI of the Social Security Act. Ms. Gonzalez is a 39 year-old woman who is disabled by AIDS and its manifestations such as chronic herpes simplex outbreaks and chronic leg pain as well as back pain. The Social Security Commissioner erred in failing to properly evaluate the opinion of the plaintiffs treating physician. She also erred in applying the Medical Vocational guidelines. As such, the Commissioners decision denying plaintiff Gonzalez benefits is not based on substantial evidence and contains errors of law.

Filed Under:

• Public Benefits Access

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Gonzalez v. Barnhart -- Brief of Defendant, Social Security Commissioner Barnhart/U.S. Attorney's Office

2006-10-11

Filed Under:

• Public Benefits Access

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Alliance for Open Society International v. United States Agency for International Development, Complaint

2005-09-23

In a case brought by the Brennan Center for Justice at NYU School of Law, two organizations (AOSI and Pathfinder International) that received funding under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (the Leadership Act) sued the U.S. Agency for International Development (USAID), among others, seeking to enjoin their narrow reading of the Leadership Act’s provision requiring funded organizations to have a policy expressly opposing prostitution and sex trafficking. In May, 2006, the U.S. District Court for the Southern District of New York had ruled that this requirement violated the organizational plaintiff’s First Amendment rights, restricting their privately-funded speech and forcing them to adopt the U.S. government’s views in order to be eligible for funding. The Court of Appeals remanded in view of proposed new HHS and UNAIDS guidelines to determine whether a preliminary injunction is appropriate. In February 2008, the plaintiffs filed an amended complaint to add Global Health Council and InterAction (international development and public health groups) as plaintiffs; Global Health Council and InterAction then moved for a preliminary injunction on behalf of their members. HHS represented to the court that its July 2007 guidelines will go through a notice and comment process by April 2008, after which the court will assess the constitutionality of the revised guidelines. For copies of pleadings and other information, go to http://www.brennancenter.org/content/resource/aosi_v_usaid/

Filed Under:

• Gender Issues
• Prevention and Sexual Health
• Public Benefits Access
• Human Rights
• Treatment
• International
• Reproductive Health and Rights
• Women/Women's Advocacy Resource Connection
• Stigma

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Form SSA 4815-F6, Medical Report on Child with Allegation of HIV Infection

2007-10-10

Form SSA 4815-F6, Medical Report on Child t with Allegation of HIV Infection, an essential form that is mysteriously unavailable on the Social Security Administration's website, is used by a childs health care provider to establish to the SSA field office processing the claim that manifestations of the applicants HIV disease are sufficiently severe to warrant presumptive eligibility for benefits. According to SSA, this form was created to provide information to the SSA Field Office in order to permit the earliest possible payments to people living with HIV infection. The Field Office may make a finding of presumptive disability for any individual with an HIV infection whose doctor provides information that confirms that the individual's disease manifestations are of listing-level severity, regardless of whether the individual has been diagnosed with AIDS. For the relevant federal code provision, go to 20 CFR 416.933.

Filed Under:

• Public Benefits Access

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Form SSA 4814-F5, Medical Report on Adult with Allegation of HIV Infection

2004-12-01

This essential form, mysteriously unavailable on the Social Security Administration's website, is used by a disability applicants health care provider to establish to the SSA field office processing the claim that manifestations of the applicants HIV disease are sufficiently severe to warrant presumptive eligibility for benefits. According to SSA, this form was created to provide information to the SSA Field Office in order to permit the earliest possible payments to people living with HIV infection. The Field Office may make a finding of presumptive disability for any individual with an HIV infection whose doctor provides information that confirms that the individual's disease manifestations are of listing-level severity, regardless of whether the individual has been diagnosed with AIDS. For the relevant federal code provision, go to 20 CFR 416.933.

Filed Under:

• Public Benefits Access

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Physical Residual Functional Capacity Questionnaire

2008-05-02

This questionnaire, provided by attorney Leslie Kline-Capelle of Health Advocates, is intended to assist with a determination of disability for purposes of obtaining social security disability benefits. In order to be effective, the form must be completed by a medical doctor who is treating the individual applying for benefits. Although not HIV/AIDS specific, the form, if properly completed, may be a helpful piece of evidence in a case being heard by an administrative law judge (ALJ).

Filed Under:

• Public Benefits Access

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Mental Residual Functional Capacity Questionnaire

2008-05-02

This questionnaire, provided by attorney Leslie Kline-Capelle of Health Advocates, is intended to assist with a determination of disability for purposes of obtaining social security disability benefits. In order to be effective, the form must be completed by a medical doctor (in this case, a psychiatrist) who is treating the individual applying for benefits. Although not HIV/AIDS specific, the form, if properly completed, may be a helpful piece of evidence in a case being heard by an administrative law judge (ALJ).

Filed Under:

• Public Benefits Access

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International Community of Women Living with HIV/AIDS Vision Paper #2: Access to Care, Treatment, and Support

2004

HIV-positive women need access not only to appropriate health care and antiretroviral medications, but also to HIV treatment support. This paper discusses the unique barriers women face to Access to Care, Treatment, and Support (ACTS). Issues include the limitations of health centers as points of access, the lack of research on the effects of antiretrovirals that is specific to women, and the stigma and discrimination that keep women from obtaining the care and support they need. The paper argues that HIV-positive women are in the best position to understand these issues, and that they therefore should be involved in attempts to identify and address these barriers. The paper could be useful for HIV-positive women and their advocates, as well as health-care providers, who seek to understand and reduce gender inequalities and obstacles to HIV treatment. Produced by the International Community of Women Living With HIV/AIDS.

Filed Under:

• Gender Issues
• Prevention and Sexual Health
• Public Benefits Access
• Public Accommodations
• Transmission
• Youth
• Pregnancy and Newborns
• Human Rights
• Treatment
• International
• Reproductive Health and Rights
• Women/Women's Advocacy Resource Connection
• Stigma

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International Community of Women Living with HIV/AIDS Vision Paper #1, HIV Positive Young Women

2004

This policy vision paper outlines the key priorities for women with HIV as identified by a group of young HIV positive women from across Eastern and Southern Africa who met in Durban in April 2004. The meeting was a dialogue organized by the International Community of Women Living with HIV/AIDS (ICW) in partnership with Youth Against AIDS Network (YAAN) and Gender AIDS Forum (GAF). Three primary priorities are identified: 1) Access to sexual and reproductive rights, 2) Access to screening, treatment, and prevention, and 3) meaningful participation and action of women with HIV in decision-making at the community, national, and regional levels. Within these three priorities, several specific issues and examples are identified, citing experiences of real women with HIV. The vision paper then provides a call to action, identifying specific steps that must be taken to remedy these shortcomings. The paper provides a useful starting-point for HIV-positive women and advocates seeking to identify, address, and mobilize around HIV issues specific to women, or anyone seeking to understand the unique obstacles facing HIV-positive women. While many of the issues are identified by women around the world, the themes of disenfranchisement, marginalization, and stigma are universal. Produced by the International Community of Women Living with HIV/AIDS.

Filed Under:

• Education/Schools
• Gender Issues
• Testing
• Prevention and Sexual Health
• Public Benefits Access
• Public Accommodations
• Transmission
• Youth
• Pregnancy and Newborns
• Human Rights
• Treatment
• International
• Reproductive Health and Rights
• Women/Women's Advocacy Resource Connection
• Stigma

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International Covenant on Economic, Social and Cultural Rights, 993 U.N.T.S. 3

1976-January-3

The International Covenant on Economic, Social and Cultural Rights (the “ICESCR”) represents one-third of what is informally referred to as the “International Bill of Rights.” The other two thirds consist of the International Covenant on Civil and Political Rights (“ICCPR”), and the Universal Declaration of Human Rights. The ICESCR outlines universal economic, social and cultural rights; particularly relevant to HIV/AIDS issues are: the right to the highest attainable standard of health (Article 12); the right to education (Article 13); the right to work (Article 7); the right to enjoy the benefits of scientific progress and its applications (Article 15); the right to social security (Article 9); the right to an adequate standard of living, including adequate food, clothing, and housing (Article 11); and the right to participate in cultural life (Article 15). 

Filed Under:

• Education/Schools
• Employment
• Health Care and Insurance Issues
• Housing
• Public Benefits Access
• Human Rights
• Treatment
• International

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