Medicare Patients Placed Under “Observation Status” Win Right to Appeal, Federal Court Orders


Media Contact: Vanessa Barrington 510-256-1200 vbarrington@justiceinaging.org

March 24, 2020—Medicare beneficiaries who have been denied coverage for nursing facility services after transferring from hospitals because the hospital changed their status from “in patient” to “observation status” now have a right to appeal their classification and a chance to receive reimbursement from Medicare for the uncovered nursing facility charges. Read More

Happy 40th Birthday to Disability Rights California!

By | Newsroom

Justice in Aging joins Disability Rights California, in celebrating its 40th Anniversary. For 40 years, DRC has advanced and protected the rights of Californians with disabilities and each day their work makes a difference!  We are proud to have partnered with Disability Rights California in numerous cases, including Kelley v. Kent, Oster v. Lightbourne, Darling v. Douglas, and Martinez v. Astrue.  To read more about these cases, visit our litigation page.


Free Webinar: Hart v. Berryhill Implementation (also known as Hart v. Colvin)

By |


When: September 7, 2017

Because of the poor quality of his exams, many people who were examined by Dr. Frank Chen for their Social Security disability or SSI disability claim may now be able to have their disability claim reviewed if they request it. Notices were scheduled to go out on September 25, 2017 to over 4,000 people with closed claims, who may be eligible for some type of relief and will now need to decide whether to elect relief under the settlement. This training gives practical details of who is eligible for relief, what type of relief they are eligible for, and how to obtain relief. The settlement is very complex, and representatives will benefit from learning about the variations in the types of relief, depending on the status of a claim.
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Justice in Aging in 2015: A look back

It has been a whirlwind year for an organization that has fought for the rights of low income older adults for the past 43 years! Having changed our name just 10 months ago from National Senior Citizens Law Center to Justice in Aging, we’re looking forward to continuing our legacy of fighting senior poverty through law, and we’re grateful for everyone reading this and to all of our partners and funders for their roles. In case you missed it, you can watch the video about our continuing work under our new name here. Read More

LGBT Older Adults Still Face Discrimination

By | BLOG, Health Disparities, HOMEPAGE

Imagine being out and proud all of your adult life and then moving into a long-term care facility and having to go back into the closet because you don’t feel safe coming out to staff and other residents. Imagine being dismissed and disrespected when you advocate strongly for the rights of your same-sex companion while she’s being cared for in a nursing home. Imagine feeling like you have to endure homophobic comments from a personal care worker assigned to you because you’re afraid of how he’ll treat you if you speak up.

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SSA Instructions to ALJs on Clark v Astrue


(5/9/2011) The instructions are similar to those contained in EM-11032 issued last month which instructed SSA field offices that pursuant to the decision in Clark, benefits would no longer be suspended or denied solely on the basis of a warrant for an alleged violation of probation or parole.

Anyone who has an appeal pending at the ALJ stage at which this is the only issue should request an on the record decision and attach a copy of the Chief Judge Bulletin.

While these two sets of instructions should resolve the issue for everyone with a currently pending claim, they do not apply to the tens of thousands of class members who may ultimately be entitled to retroactive relief since the court has not yet ruled on the relief to be awarded to the class.

In the meantime, anyone whose benefits were suspended or denied on or after October 24, 2006 because of a probation or parole warrant should be sure that the Social Security Administration has their current address so that they will receive notice of any potential relief.