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October 1990

Update on Important Social Security and SSI Provisions of OBRA-89
The Omnibus Budget Reconciliation Act of 1989 includes many provisions that directly benefit social security and SSI applicants and beneficiaries, as well as some that will facilitate client representation before SSA.

By Eileen P. Sweeney
COBRA Continuation Coverage: It's Not Just for Health Lawyers Anymore
COBRA questions may arise in the context of unemployment compensation, divorce, child custody, and social security disability cases; this article provides an overview of COBRA and a guide to enforcing beneficiaries' rights under the Act.

By Vicki Gottlich and Esther Koblenz
Nursing Home Admission Contracts: Undermining Rights the Old-Fashioned Way
The most common problems with nursing home admission contracts include poor form and readability, unclear references to services and costs, problems with financial responsibility, liability waivers for personal injury or property damage. restrictions on personal rights and freedoms, and problems with transfer and discharge rights.

By Charles P. Sabatino
The Nursing Home Reform Law: Issues for Litigation
Effective October 1, 1990, the nursing home reform law sets a new standard of care for nursing facilities; federal law now requires facilities to provide care and services in a way that enables each resident to attain and maintain his or her highest practicable physical, mental, and psychosocial well-being.

By Toby S. Edelman
Toward a Barrier-Free Courthouse: Equal Access to Justice for Persons with Physical Disabilities
"Equal access to justice" may remain elusive for persons with physical disabilities who are stopped at the courthouse door, not by lack of jurisdiction, standing, funding, or legal assistance, but by stairs, hallways, restrooms, and seating arrangements that they cannot use.

By Erica F. Wood
Trends in Guardianship Reform: Roles and Responsibilities of Legal Advocates
Recent recognition of deficiencies in the traditional approach to guardianship has led to significant legislative efforts to reform the guardianship process

By Lu-in Wang, Anne M. Burns, and Penelope A. Hommel
Proposed Solutions to Social Security Representative Payee Problems
This article provides an overview of the Representative Payee Abuse Prevention Act of 1989 and the Social Security Representative Payee Act of 1989.

By Lori A. Stiegel
Surrogate Decisionmaking Under the Omnibus Budget Reconciliation Act of 1987: A Flawed Remedy?
This article discusses recent federal developments dealing with surrogate decisionmaking and makes suggestions at to how advocates should advise clients on the uses of these arrangements.

By Michael R. Schuster and Bruce B. Vignery
Delivery of Legal Services to the Elderly: A Look into the Future
Free legal hotlines for senior citizens may be the delivery system of the future.

By Wayne Moore

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