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.
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Cases

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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

Brown v. Azar
Aug 2021
Justice in Aging filed this amicus in the Central District of California on behalf of older adults and people with disabilities residing in institutional settings who have lost access to critical oral health services due to cuts to Medicaid reimbursement rates and arduous pre-authorization requirements that California put in place in 2018. The American Dental Hygienists’ Association, Disability Rights Education and Defense Fund, LeadingAge California, LifeLong Medical Care, the National Health Law Program, and the Western Center on Law and Poverty joined the amicus.
Saldana v. Glenhaven Healthcare
May 2021
Justice in Aging filed this amicus brief in the 9th Circuit Court of Appeals. Relatives of Ricardo Saldana, a resident of Glenhaven Healthcare nursing home, sued after Saldena died from COVID-19. The nursing facility had tried to move the case from state to federal court in order to reduce or eliminate the facility’s responsibility. Justice in Aging’s amicus brief explains why federal nursing facility COVID guidance did not convert nursing facilities into federal agents.
Cochran v. Gresham et al.
Feb 2021
This amicus was filed in the United States Supreme Court on behalf of older adults and people with disabilities and chronic conditions in Arkansas and New Hampshire who gained coverage under Medicaid expansion, but would be at risk of losing that coverage if the Supreme Court upheld the federal government’s approval of the respective state’s request to impose work requirements. Justice in Aging joined this brief with AARP, AARP Foundation, The National Academy Of Elder Law Attorneys, The Disability Rights Education & Defense Fund, The National Disability Rights Network, The American Heart Association, and The American Lung Association.
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