Justice in Aging logo, "Fighting senior poverty through law."

Litigation

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.
View our pro-bono partnerships

Cases

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Chinatown Service Center & Saint Barnabas Senior Services v. HHS
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.
Barrows v. Becerra
Filed Jul 2017
A federal appeals court ruled that this national class of plaintiffs can appeal to the Centers for Medicare and Medicaid Services (CMS) when their hospital stay classifications are changed from “inpatient” to “observation status.
Kelley v. Kent
Filed Jul 2017
Medi-Cal recipients sue California for failing to ensure older people can receive car at home rather than be forced into nursing home care.
Amin v. Kijakazi
Filed Dec 2015
The Social Security Administration’s (SSA) failure to timely process appeals causes extremely low-income older adults and adults and children with disabilities who receive Supplemental Security Income (SSI) to lose all or some of their vital income.
Price v. McCarthy
Filed Sep 2015
This case challenged Ohio’s refusal to provide retroactive Medicaid coverage after delaying making a decision about eligibility.
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Amicus Briefs

Fitzmorris v. New Hampshire Department of Health and Human Services
Aug 2025
Justice in Aging partnered with civil rights law firm Fox & Robertson to file an amicus brief on behalf of Justice in Aging, the Center for Medicare Advocacy, the Center for Public Representation, Disability Law United, Disability Rights Education and Defense Fund, National Consumer Voice for Quality Long-Term Care, and the National Health Law Program in a federal lawsuit in New Hampshire to ensure that recipients of Medicaid home and community-based services (HCBS) receive the care they need to live safely in their communities. In this class-action case, HCBS program participants argue that the state’s maladministration of its HCBS program causes widespread instances of people going without essential community-based care, both harming them directly and causing an increased risk that they will be subjected to institutionalization in a nursing facility.
Justice in Aging Joins Amicus Brief in Texas Case In Support of the Medical Debt Reporting Rule
May 2025
On May 22, 2025, Justice in Aging, in partnership with Disability Rights Texas, American Cancer Society Cancer Action Network, the Leukemia & Lymphoma Society, Small Business Majority, Community Catalyst, National Heath Law Program, and RAISE Texas filed an amicus brief in Cornerstone Credit Union League v. Consumer Financial Protection Bureau (CFPB), a case before the U.S. District Court for the Eastern District of Texas concerning a federal regulation known as the Debt Reporting Rule. The Medical Debt Rule is a Biden-era regulation that prohibits consumer reporting agencies from including medical debt information on a consumer report to creditors and bars credits from consider medical debt when making credit decisions, following studies showing that medical debt is a poor predictor of whether a person can repay a loan and leads to significant economic inequities. Plaintiffs allege that the Medical Debt Rule violates the Fair Credit Reporting Act and state laws. Upon the change in Administration, the CFPB failed to continue defending the Rule. Consumers and advocacy groups, such as the National Consumer Law Center and Tzedek DC, intervened in the case to defend the Medical Debt Rule. The amicus brief argues that without the Medical Debt Rule millions of people will be harmed, including older adults, people with disabilities, people with cancer, communities of color, and small businesses.
Pacito et al. v. Trump et al.
May 2025
On Inauguration Day, President Trump issued two Executive Orders suspending the United States Refugee Admissions Program and pausing disbursements of foreign development assistance funds. As a result, federal agencies suspended funding for resettlement agencies that assist newly arrived refugees. This assistance includes applying for government programs that provide essential health care, basic economic security, and affordable and appropriate housing. Our amicus brief highlights the unique needs of older adult refugees and how resettlement agencies assist them in accessing essential government programs that promote their independence and ability to thrive in their new communities.
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Litigation Team

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