Fair Administration

If public benefit programs are to promote the welfare of those in need, they must be administered fairly and in accord with clear standards that comply with the law. Program applicants and recipients must be informed about their rights and obligations and must be able to seek review of agency decisions regarding their claims. Agencies must conduct hearings fairly, issue timely decisions, and ensure that agency staff comply promptly and fully with hearing decisions. These notions of fundamental fairness are at the heart of constitutional due process requirements.

NCLEJ works to make due process and fair treatment a reality for low-income individuals across the country and to hold government agencies accountable for complying with the law. Our advocacy today builds on a longstanding commitment from our early history - the Welfare Law Center helped bring the landmark U.S. Supreme Court case of Goldberg v. Kelly which established the right of welfare recipients to a hearing before their benefits are cut off.

We use an array of strategies tailored to the particular problem and situation. We devise remedies for agency failures and effective monitoring systems so that agencies can determine whether remedies are successfully implemented.

We welcome opportunities to work with advocates across the country. Feel free to contact us.

Highlights of NCLEJ Advocacy:

NCLEJ and Maximus:  Modernizing Public Benefits Programs:  What the Law Says State Agencies Must do to Serve People with Disabilities (August 2010) (pdf)

NCLEJ Report on Barriers Childless Adults Face in Accessing Public Health Insurance (April 2010)

NCLEJ Celebrates 40th Anniversary of Goldberg v. Kelly, Landmark Suprme Court Victory (March 2010)

Steuben County, NY agrees to Speed Up Issuance of Food Stamps, Medicaid, and Cash Public Assistance to those Hard Hit by Recession (November 2009)

Rhode Island to Speed Food Stamp Processing Under Court-Approved Settlement (October 2009)

Indiana Agrees to Court Order Speeding Provision of Food Stamp Benefits (October 2009)

NCLEJ and Empire Justice Center Challenge Unlawful Delays in Processing Emergency Assistance Applications in Long Island, New York (September 2009)

NCLEJ and Texas Colleagues File Federal Lawsuit Challenging Texas Food Stamp Application Processing Delays (July 2009)

NCLEJ and Empire Justice Center Achieve Settlement Agreement Ending Lengthy Delays in Processing of Food Stamp and Medicaid Applications in Long Island, New York (June 2009)

NCLEJ Achieves Settlement Providing Due Process Protections for Tens of Thousands of Missouri Children (April 2008)

NCLEJ and Colleagues Win Ruling Barring FEMA From Terminating Rental Assistance for Katrina/Rita Evacuees Without Adequate Notice and Opportunity for Pre-termination Hearing
(with 2008 update)

NCLEJ Assured Due Process in Welfare Hearings in New York (2005)

Center Safeguards Critical Rights of Medicaid Recipients in Missouri (2005)

NCLEJ and Colleagues Save Medicaid for Legal Immigrants in Colorado (2004)

Additional Resources

Improving Remote Communication Between Public Benefits Agencies and Deaf and Hard of Hearing Individuals by Cary LaCheen, 43 Clearinghouse Review 431 (Jan. - Feb. 2010) (pdf)