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Docket: Disability Discrimination (including Olmstead)

Case Name: Stephanie P. v. Shibinette

Court: U.S. Dist. Ct. New Hampshire Docket: 21-00025

Filed: 1/11/2021

Read Complaint (PDF)

Case Issue: Does the failure of the New Hampshire Department of Health and Human Services to provide personal care and other services to people with disabilities under the state’s Choices for Independence Waiver program, that puts them at risk of needing to be institutionalized, violate the Americans with Disabilities Act or other federal law?

Case Name: Brown v. District of Columbia 

Court: U.S. Dist. Ct. D.C.   Docket: 10-02250

Filed: 8/13/2019

Case Issue: Does the District of Columbia have an adequate Olmstead plan in place? If not, is it unreasonable for the Court to demand that it provide transition services to all people in nursing facilities who want to move to the community and make public report about its commitment to deinstitutionalize nursing facility residents?

Case Name: Brown v. District of Columbia (Litigation Appeal)

Court: U.S. Ct. App. D.C. Cir.    Docket: 17-7152

Decided: 7/5/2019

Read  Announcement, Opening Brief (PDF), Appellant's Reply Brief (PDF) and Opinion (PDF)

Result: The D.C. Circuit Court found that the lower court erred by not requiring that D.C. prove that it cannot place Plaintiff class into the community from nursing facilities. The case was remanded to the trial court  where D.C. must now prove that it has an effectively working Olmstead plan or prove that it cannot reasonably serve our client in the community.

Case Name: Cooper v. Senior Citizens Housing of Ann Arbor

Court: U.S. Dist. Ct. ED Mich.   Docket: 18-cv-12448-MAG-MKM

Settled: 7/24/2019

Read Complaint (PDF) and Joint Press Release

Case Issue:  The parties reached an amicable settlement in which Lurie Terrace removed the "able to live independently" requirement from its lease and adopted model policies and practices to prevent disability discrimination and guarantee that reasonable accommodations will be available to tenants.

Case Name: Biestek v. Berryhill

Court: U.S. Supreme Court  Docket: 17-1184

Read Amicus Brief (PDF) and Decision (PDF)

Decided: 4/1/2019

Case Result: Social Security vocational experts do not always have to disclose the basis of their opinion that a Social Security applicant can work. 

Case Name: Brandenburg v. Montgomery Co. Pub. Schools (MCPS)

Court: U.S. Dist. Ct. Md.   Docket: 8:18-cv-02583

Read Complaint (PDF)

Filed: 8/21/2018

Case Issue: Is MCPS Employees' Retirement and Pension System Plan's policy of denying accidental disability retirement benefits to employees who became disabled because of a work-related accident at age 62 or older age discriminatory?

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