As the only national legal organization focused on advancing equity and protecting the rights of low-income older adults, we are uniquely positioned to drive change through the courts. Our attorneys have a deep understanding of the intricacies of the complex health care and economic security programs that low-income older adults rely on and know when barriers to services violate their rights.

When developing litigation, we partner with advocates on the ground who help us identify and monitor serious systemic issues that impact groups of low-income older adults. We then partner with those on-the-ground advocates and our pro-bono partners from top law firms across the country to file and win cases that bring justice to large groups of plaintiffs.

Throughout our more than 50 year history we have litigated landmark cases that provide sweeping relief to low-income older adults across the country, leading to the return of billions of dollars worth of vital benefits.

Cases

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Filed May 2024
Maryland has not provided sufficient oversight of nursing facilities, leading to violations of the rights and care of residents, particularly those with mobility-related disabilities.
Filed Oct 2022
Massachusetts has failed to provide community residential services and supports for thousands of people with disabilities, focing them to instead live in segregated nursing facilities.
Filed Aug 2022
In November 2020, the Trump Administration issued a rule requiring states to trim their Medicaid rolls, causing hundreds of thousands of people to lose access to critical Medicaid benefits.
Filed Sep 2021
The Social Security Administration wrongfully reduced and discontinued SSI benefits for thousands of people during the pandemic while the agency’s offices were closed, leaving the plaintiffs with no way to engage with the agency to get their benefits reinstated.
Filed Feb 2021
People with Limited English Proficiency (LEP) have a right to language assistance services when they visit a health care provider. Yet in the waning days of the Trump Administration, the federal government eliminated protections for LEP individuals in health care.
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Litigation Team

Regan Bailey
Litigation Director
Photo of Liam McGivern
Senior Litigation Attorney
Photo of Carol Wong
Associate Litigation Director

Amicus Briefs

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AstraZeneca Pharmaceuticals v. Becerra
Nov 2023
Justice in Aging joined this amicus brief filed by AARP along with the Center for Medicare Advocacy and the Medicare Rights Center urging the federal court to reject claims filed by the pharmaceutical company, AstraZeneca, contending that the Medicare drug negation is unconstitutional. In August, the Department of Health and Human Services (HHS) announced the first 10 drugs that would be subject to negotiations with Medicare as part of the Inflation Reduction Act. This list included the drug Farxiga, a diabetes medication distributed by AstraZeneca.
Jimenez Perea v. DHCS
Aug 2023
Justice in Aging joined this amicus brief filed by the National Health Law Program along with Legal Aid Society of San Mateo County. Plaintiffs in this case claim that California’s low reimbursement rates in Medicaid lead to less access to care for low-income individuals in California compared to people enrolled in other forms of health insurance coverage. The subject of this amicus brief is on whether payments for Long Term Care (LTC) Medicaid can serve as a proper comparator to payments for Medicaid physician services in a case alleging discrimination in the program.
Braidwood v. Becerra
Jun 2023
This amicus was filed in the United States Court Appeals for the Fifth Circuit. The amicus asks the court to reverse the opinion of the District Court on the basis that the lower court’s holding that the US Preventive Services Task Force and the Advisory Committee on Immunization Practices does not have the authority to recommend preventive services and vaccines would harm low-income people enrolled in the Medicaid program. Justice in Aging joined 16 national and state-based advocacy organizations in this amicus filing.
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© 2024 Justice in Aging

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