Eisenberg & Baum, LLP Submits Amicus Brief to Support Disability Rights in New York State

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This week, Eisenberg & Baum, LLP filed an amicus brief in the disability and labor rights case Andersen v. Roberts on behalf of fifteen organizations, led by Legal Services of Central New York. The underlying case, brought by the Empire Justice Center and later joined by the National Center for Law and Economic Justice, considers whether New Yorkers with disabilities have the same right to receive credit for work performed as a requirement of receiving public assistance that non-disabled people do.

Andrew Rozynski, David John Hommel, and Lucy Treishmann prepared the brief on behalf of the following organizations as amici:

  • Legal Services of Central New York (LSCNY)
  • The Autistic Women & Nonbinary Network (AWN)
  • Cardozo Bet Tzedek Legal Services (CBTLS)
  • Center for Independence of the Disabled, New York (CIDNY)
  • Cornell Law School’s Veterans Law Practicum
  • The Disability Rights Bar Association (DRBA)
  • The Disability Rights Education and Defense Fund (DREDF)
  • Disability Rights New York (DRNY)
  • The Legal Aid Society
  • The Legal Aid Society of Mid-New York Inc.
  • Legal Assistance of Western New York, Inc. (LawNY)
  • The National Homelessness Law Center (NHLC)
  • The National Partnership for Women & Families
  • New York Legal Assistance Group (NYLAG)
  • The Transgender Legal Defense and Education Fund (TLDEF)

In Summary

Fifteen organizations, led by Legal Services of Central New York, support the plaintiffs in the Andersen v. Roberts disability and labor rights case in New York. Eisenburg & Baum LLP wrote the amicus brief, accepted by the court on May 6, 2024.

The case questions whether New Yorkers with disabilities should receive equal credit for work done as part of public assistance requirements. Plaintiffs argue that the New York State Office of Temporary and Disability Assistance (OTDA) unfairly denies credit for work hours to disabled individuals who later receive Supplemental Security Income (SSI), going against a 2015 ruling.

OTDA agreed to credit work for some public assistance recipients but hasn’t applied this to individuals with disabilities receiving SSI retroactively. Instead, OTDA demands repayment from the SSI award, violating the 2015 ruling.

The amicus brief argues that OTDA’s policy discriminates against people with disabilities and lacks a rational basis, further disadvantaged them economically.

The Andersen case appeal is set for May 28, 2024. LSCNY and other supporting organizations urge the court to uphold the ruling in favor of the plaintiffs.

Navigating Legal Rights and Advocacy for Seniors with Celiac Disease in Senior Care Facilities

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Living with celiac disease presents unique challenges, especially for seniors who may require accommodations in care facilities. Understanding your legal rights is crucial to ensure proper care and access to gluten-free options. Below you will find important legal considerations and advocacy strategies for seniors with celiac disease in senior care facilities.

Insights from Legal Experts

This information was explained in a webinar hosted by Andrew Rozynski and David John Hommel, two attorneys specializing in disability discrimination. With their expertise in the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), they provided valuable insights into the legal protections available to seniors with celiac disease. Their webinar served as an educational platform and a call to action.

Understanding Legal Protections

The ADA defines disability broadly, including impairments that substantially limit everyday life activities. For seniors with celiac disease, this means that requesting gluten-free options in senior care facilities is not just a dietary preference but a reasonable accommodation that is protected under the law. Providing generic gluten-free items like broccoli and grilled chicken may not fulfill legal obligations, as shared food experiences are vital for residents’ social interaction and well-being. Don’t hesitate to ask our team of professionals any questions regarding this matter.

Effective Advocacy Strategies

Advocating for your needs requires diligence and hard work. Alerting all levels of staff, including marketing departments, about the importance of accommodating celiac disease is essential. Additionally, building support networks, both internally and externally, can provide valuable guidance and reinforcement. Furthermore, collaboration with advocacy organizations not only educates facilities but also empowers seniors to get what they are entitled to under the law.

Navigating Healthcare and Legal Systems

Navigating healthcare and legal systems can be daunting, but it’s essential for seniors with celiac disease to ensure they receive the necessary support and protection. Understanding your rights under civil rights laws, such as the ADA, is crucial. Facilities cannot terminate services or evict seniors for asserting their rights, but knowing how to navigate possible challenges is important. 

Choosing Accommodating Senior Care Facilities

When selecting senior care facilities, be sure to do your research. Seeking recommendations and insights from others with celiac disease can help identify accommodating facilities. Sometimes, waiting for legal action may not be an immediate option, so prioritizing finding a safe environment is crucial

In conclusion, seniors with celiac disease have the right to advocate for themselves and ensure access to gluten-free options in senior care facilities. By understanding their legal protections, employing effective advocacy strategies, and choosing accommodating facilities, seniors can navigate senior care with confidence and dignity. If legal issues may arise, contact us at E&B Law, where we are always advocating for people and their rights.