Florida Civil Legal UPDATE

From the next issue of the Florida Bar News…

Administrative Law Section works to help disabled adults and children

The state is in such dire straits right now that those lawyers blessed with the gift of a little spare time are apt to find long lists of people needing help. A new measure by The Florida Bar’s Administrative Law Section and Florida Legal Services is aimed at helping Florida’s disabled adults and children rise to the top of that list. And they’ve made it quick, free, and relatively easy for lawyers to get up to speed in time to roll up their sleeves and pitch in….

The section held training for both groups in November and December in Tallahassee to educate future volunteers, but those who missed it shouldn’t worry: all the documentation for both trainings, as well as video, are available both at floridaprobono.org and the Administrative Section’s Web site, www.flaadminlaw.org.

Sheila Meehan of Florida Legal Services coordinates the program, which is just getting off the ground now and very actively seeking volunteers. Meehan credits McArthur and former administrative law section chair Andy Bertron with being the first to sign up. The two are awaiting their first cases.

“These are the people who are least able to help themselves — they are in financial need and have been disabled before they reached adulthood — they’re in this situation through no fault of their own,” Bertron said. “I can’t think of a more deserving class of people for us to help.”

There’s much more at the source.

We learned last week that the First DCA did not agree with the Advocacy Center that every person facing a reduction in services from the Agency for Persons with Disabilities is entitled to a fair hearing on the mertis.  We covered the challenge here.

Now there’s reporting on the status of denial letters.

Of the 5,400 people who have appealed, the agency has judged that about 800 are “legally sufficient” for review by the Department of Administrative Hearings. The agency is still mailing out response letters. About 2,000 denial letters went out last week, and more people will get letters in the next several weeks. Those turned down have 10 days to amend their complaint and try again.

That’s obviously not a lot of turn-around time.  For legal services advocates concerned about this issue, please visit and join the Health & Senior Law Section of FLAdvocate.org.  There we have training, practice materials, and a community of advocates working to bring justice to some of our most at-risk neighbors.  A pro bono program also has been launched through the Administrative Law Section of the Bar.  Check out floridaprobono.org for more information.

Many programs have begun aggressive advocacy on behalf of developmentally disabled Floridians who have been placed in new coverage “tiers” and denied their right to a fair hearing.  The Health & Senior Law Umbrella Group has been involved in this work; we’ve also launched a statewide pro bono effort to provide training in these matters.

This, tonight, from the Advocacy Center:

A lawsuit has been filed by the Advocacy Center for Persons with Disabilities, Inc. (Advocacy Center) in the Circuit Court in and for the 2nd Judicial Circuit in Tallahassee, Florida against the Agency for Persons with Disabilities (APD). The lawsuit is titled Lyons v. Agency for Persons with Disabilities, Case No. 2009-CA 0144 and has been assigned to Judge John C. Cooper.

Plaintiffs are William Layton Lyons, Francesca Correa, John Bodack and the Advocacy Center. The Advocacy Center is a non-profit corporation authorized by federal law to pursue legal, administrative, and other remedies for individuals with disabilities in Florida. APD is the state agency charged with the administration of home and community based waiver services for individuals with developmental disabilities.

The lawsuit alleges that cuts to the funding levels for home and community based services for individuals with developmental disabilities will cause Plaintiffs and thousands of others to experience immediate irreparable harm. The lawsuit also alleges that Plaintiffs and thousands of others have been denied their right to a hearing in violation of chapter 120 of the Florida Statutes.

3,600 individuals who have had their home and community-based Medicare waiver services reduced by the Department, and who have requested a fair hearing on the merits of their individual cases, have had their hearing requests denied en masse.  At least that’s my take.  Form your own by reading the full release, which also links to the pleading filed by the Advocacy Center.