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.

Cases

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Barrows v. Becerra
Filed Jul 2017
Medicare beneficiaries who are admitted as hospital “inpatients” but then switched to “observation status” have the right to appeal to Medicare for coverage as hospital inpatients.
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.
Held v Colvin
Filed Mar 2015
The suit charges that SSA discriminated against these individuals for months, and in some cases more than a year, after that discrimination was held unlawful by the Supreme Court when it struck down the Defense of Marriage Act (DOMA) in June 2013.
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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

Amicus Briefs

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Logan v. Country Oaks
Jun 2023
Justice in Aging filed this amicus brief in the Supreme Court of California in support of the ruling of the Second Appellate District and trial court that held that an agent’s authority to make “health care decisions” on a principal’s behalf does not include the authority to execute optional arbitration agreements. In this case, a nursing facility attempted to compel a resident’s nephew to enter into arbitration on the basis that the nephew executed the admission agreement as the resident’s health care agent. AARP, AARP Foundation, California Advocates for Nursing Home Reform, California Long-Term Care Ombudsman, and the National Consumer Voice for Quality Long-Term Care joined the amicus.
Biden v. Nebraska
Jan 2023
This amicus was filed in the United States Supreme Court in support of the Biden Administration’s plan to offer student debt relief, which would help older adult borrowers. Justice in Aging joined this brief with more than 70 legal services and borrower advocacy organizations from across the country.
Health and Hospital Corp. v. Talevski
Sep 2022
This amicus was filed in the United States Supreme Court on behalf of residents of nursing facilities to maintain their ability to enforce their rights under the Federal Nursing Home Reform Act and Section 1983. Justice in Aging joined this brief with AARP, AARP Foundation, California Advocates for Nursing Home Reform, Center for Medicare Advocacy, the Long-term Care Community Coalition, and the National Consumer Voice for Quality Long-Term Care.
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© 2024 Justice in Aging

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