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Case Name: Alexander v. Harris
Court: U.S. Dist. Ct. Maryland. Docket: 8:22-cv-00707
Read: Complaint (PDF), Press Release, Listen/Read, to SVP William A. Rivera Atlanta Journal-Constitution (article)
Filed: 03/22/2022
Case Issue: Can 5000 current and former pastors, clergy, and other employees of the African Methodist Episcopal Church recover $90 million lost from their retirement accounts due to gross financial mishandling?
Case Name: Arellano v. McDonough
Court: U.S. Supreme Court Docket: 21-432
Filed: 5/20/2022
Read AARP Amicus Brief (PDF)
Case Issue: The central issue in this case is whether disabled veterans who miss a one-year statutory application deadline for disability benefits can be excused under the doctrine of equitable tolling, and retroactive benefits be restored, if it was their service-connected disability or other extreme circumstance that caused the delay.
Case Name: Bagnall v. Becerra (formerly Cochran)
Court: U.S. Ct. App. 2d Circuit Docket: 20-1642
Decided: 1/25/2022
Read AARP Amicus Brief (PDF), Article and Opinion (PDF)
Case Result: Affirmed preliminary injunction requiring the Secretary to provide hospitalized Medicare beneficiaries a mechanism to timely appeal the Medicare coverage-altering reclassification of their hospital stay from inpatient, which is covered by Medicare Part A, to outpatient “under observation,” which is not.
Case Issue: Does the Secretary of the U.S. Department of Health and Human Services violate the Due Process Clause of the Fifth Amendment by denying hospitalized Medicare beneficiaries, initially classified as inpatients and later designated as outpatients under observation, an expedited due process hearing to challenge the hospital’s classification of their stay?
Case Name: Brown v. Becerra
Court: U.S. Dist. Ct. CD Cal. Docket: 21-00511
Filed: 1/19/2021 Motion for Summary Judgment: 7/20/2021, Decision 11/17/2021
Read Complaint (PDF), Press Release, Motion for Summary Judgment (PDF), Decision (PDF)
Case Result: The court granted our request to remand and vacate HHS’s unlawful approval of a California Medicaid state plan amendment that cut reimbursement rates for periodontal care and instituted burdensome and potentially dangerous pre-authorization and x-ray processes for institutionalized patients.
Case Name: Brown v. District of Columbia
Court: U.S. Ct. App. D.C. Cir. Docket: 17-7152
Read Announcement, Opening Brief (PDF), Appellant's Reply Brief (PDF), Opinion (PDF)
Case Issue: Was the court’s finding that Plaintiffs failed to establish “systemic deficiencies” in the manner in which the District of Columbia enrolls nursing home residents into home and community-based services against the weight of the evidence?
Did the court commit legal error by holding that it cannot craft class–wide injunctive relief if class members who have suffered discrimination cannot all benefit from the relief provided due to individualized circumstances (e.g., some have homes to which to return and others do not)?
Result:The Court of Appeals for the D.C. Circuit reversed the trial court and remanded this Olmstead case. Now a class of approximately 1000 nursing facility residents wanting to live in their own homes with the same kind of medical services and supports as they receive in nursing facilities need D.C. to provide assistance.
Case Name: Brown v. District of Columbia (formerly known as Thorpe v. District of Columbia)
Court: U.S. Dist. Ct. D.C. Docket: 1:10-cv-02250-ESH
Read Opinion (PDF) and Findings of Fact and Conclusions of Law (PDF) filed March 9, 2022
Case Name: California v. Texas (formerly, Texas v. United States)
Court: U.S. Supreme Court Docket: 19-840 & 19-1019
Decided: 6/17/2021
Read Amicus Brief (PDF), Press Release for filing, Decision (PDF), Press Release for decision
Case Result: The Supreme Court found that the State and individual plaintiffs lacked standing to bring the case because they failed to show a concrete, particularized injury that was traceable to the government’s alleged unlawful conduct. It reversed the Fifth Circuit’s decision with regard to standing, vacated the judgment, and remanded the case to the district court with instructions to dismiss based on the lack of standing.
Case Name: Carr v. Saul (Low-income benefits)
Court: U.S. Supreme Court Docket: 19-1442, 20-105
Decided: 4/21/2021
Read AARP Amicus Brief (PDF) and Decision (PDF)
Case Result: Social Security disability claimants can raise constitutional challenges to the appointment of the administrative judge who heard their case in federal district court even when that issue was not raised in an administrative hearing. The result will help future claimants raise other constitutional issues in federal district court as well.
Case Name: Cochran v. Gresham; Arkansas v. Gresham
Court: U.S. Supreme Court Docket: 20-37; 20-38
Decided: 4/18/2022
Read AARP Amicus Brief (PDF)
Case Result: The Supreme Court granted the Government’s motion to vacate the judgments of the District of Columbia Circuit, and remanded the case to the Circuit with instructions to direct the District Court to vacate its judgment and dismiss the cases as moot.
Case Name: DiCocco v. Garland
Court: U.S. Ct. App. 4th Cir. Docket: 20-1342
Read AARP's Amicus Brief (PDF)
Filed: 2/4/2022