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March-April 2011 Clearinghouse Review
Articles in this issue cover low-income college students' eligibility for SNAP benefits, crafting effective requests for reasonable accommodations in assisted living, negotiated rulemaking, welfare privatization, and child welfare financing reform.
Individual articles published in the March-April 2011 issue of Clearinghouse Review: Journal of Poverty Law and Policy are available for purchase online.
- About This Issue
- Advocacy Note: Organizing to Transform Ourselves and Our Laws: The New York Domestic Workers Bill of Rights Campaign
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Responding to Welfare Privatization: New Tools for a New Age
Privatization of the operation of public benefit programs in the wake of welfare reform diminished the effectiveness of traditional approaches to advocacy. A case study from New York City of how private contractors succeeded in reducing welfare roles while imposing punitive policies on poor families offers a glimpse of possible new advocacy tools. Requiring contract-monitoring bodies that involve community members and advocates could help facilitate transparent contracting processes and reshape social welfare programs to serve clients.
Copies of this article are available for individual purchase online for $15 apiece.
Related Articles- Peter Edelman, Welfare Reform and Extreme Poverty: What to Do? (Nov.-Dec. 2008)
- Mary R. Mannix et al., Public Benefits Privatization and Modernization: Recent Developments and Advocacy (May-June 2008)
- Jodie Berger, Cooperative Advocacy: Working with the State to Improve Programs (Nov.-Dec. 2006)
- John M. Bouman et al., Time Limits, Employment, and State Flexibility in TANF Programming: How States Can Use Time Limits and Earnings Disregards to Support Employment Goals, Preserve Flexibility, and Meet Stricter Federal Participation Requirements (Sept.-Oct. 2003)
- Henry Freedman, The Welfare Advocate’s Challenge: Fighting Historic Racism in the New Welfare System (May-June 2002)
- Special issue: The Implications of Privatization on Low-Income People (Jan.-Feb. 2002)
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Older Lesbian, Gay, Bisexual, and Transgender Individuals Face Special Challenges in Economic Security and Health Care
The income insecurity of low-income lesbian, gay, bisexual, and transgender (LGBT) seniors and its effects on accessing health and long-term care services, pensions, and other retirement income are difficult obstacles. Medicare, Medicaid, and social security rules apply to all seniors, but limited income, disability, and lack of caregiver support or recognition of that support exacerbate difficulties for LGBT seniors. The treatment of couples in the Supplemental Security Income program, however, results in preferential treatment of LGBT elders compared to their heterosexual counterparts. Undue hardship waivers in the Medicaid transfer-of-assets and estate-recovery contexts may be helpful as well.
Copies of this article are available for individual purchase online for $15 apiece.
Related ArticlesNatalie Chin, Alfred J. Chiplin Jr., Kimberley Dayton, and Melanie Rowen, Asserting Choice: Health Care, Housing, and Property--Planning for Lesbian, Gay, Bisexual, and Transgender Older Adults (March-April 2010)
Lisa J. Cisneros and Catherine Sakimura, Recognizing and Responding to the Needs of Low-Income Lesbian, Gay, Bisexual, and Transgender Clients (March-April 2010)
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Negotiated Rulemaking: A Better Alternative
Public interest lawyers often find that traditional notice-and-comment rulemaking is not conducive to innovative advocacy. Negotiated rulemaking, endorsed by Congress in the Negotiated Rulemaking Act of 1990, can help parties reach common ground more quickly and efficiently. Three examples from state and federal regulatory and statutory reform efforts show how the principles of negotiated rulemaking can help advocates effect meaningful social change.
Copies of this article are available for individual purchase online for $15 apiece.
Related Articles- Linda Singer, Michael Lewis, Alan Houseman, and Elizabeth Singer, Alternative Dispute Resolution and the Poor Part I: What ADR Processes Exist and Why Advocates Should Become Involved (May-June 1992)
- Linda Singer, Michael Lewis, Alan Houseman, and Elizabeth Singer, Alternative Dispute Resolution and the Poor—Part II: Dealing with Problems in Using ADR and Choosing a Process (July 1992)
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Reasonable Accommodations in Assisted Living: Crafting Effective Requests to Promote Housing Choice
The Fair Housing Amendments Act prohibits disability discrimination in housing settings, such as seniors’ assisted living facilities, designed to serve people with disabilities. State licensing schemes can make it very difficult for seniors to request the reasonable accommodations that they often need to remain in their homes. By studying the California licensing scheme and two poignant examples of seniors determined to age in place, advocates can learn new strategies for helping their clients preserve fair housing rights.
Copies of this article are available for individual purchase online for $15 apiece.
Related Articles- Aisha Anderson Bierma, Julie Nepveu, and James Wilkinson, “We Can’t Meet Your Needs:” Fair Housing Opens Doors to Housing with Services (Sept.–Oct. 2008)
- Fred Fuchs, Using the Reasonable-Accommodation Provision of the Fair Housing Act to Prevent the Eviction of a Tenant with Disabilities (Sept.-Oct. 2007)
- News and Notes
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Child Welfare Financing Reform: The Importance of Maintaining the Entitlement to Foster Care Funding
Critics of the child welfare financing system, which incorporates an entitlement to services, contend that the system harms children by stifling innovation and limiting states’ flexibility in responding to children’s needs. The critics argue instead for a capped allocation of child welfare funding, a system akin to block grants. But experience with ending entitlements in other programs and substituting block grants teaches that the result is likely to be reduced funding in the face of greater need for services, particularly as states struggle with budget crises.
Copies of this article are available for individual purchase online for $15 apiece.
Related Articles- Lewis Pitts, A State Court Remedy for the Keffeler Problem: A Call to Action (May-June 2008)
- Angie Schwartz & Diana Glick, The Use of Supplemental Security Income to Maximize Assets and Income for Foster Youths with Disabilities (Mar.-Apr. 2008)
- Alice Bussiere et al., Adolescents, the Foster Care System, and the Transition to Adulthood: What Legal Aid Lawyers Need to Know (July-Aug. 2005)
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Low-Income College Students' Eligibility for the Supplemental Nutrition Assistance Program
A large proportion of low-income college students can legitimately qualify for the Supplemental Nutrition Assistance Program (SNAP). In many instances low-income students’ obtaining SNAP depends on the willingness of either SNAP agencies or the students’ schools to take steps to help the students qualify for one of the exceptions to the disqualification rule. SNAP administrators, financial aid officers in schools serving large numbers of low-income students, and others will benefit from reviewing the exemptions from the student rule to ensure that eligible low-income students receive the food assistance they need.
Copies of this article are available for individual purchase online for $15 apiece.
Related Articles -
MFY Legal Services' Mental Health-Legal Partnership
The federal government and many states are promoting medical-legal partnerships as a cost-effective way to improve patients’ health. MFY Legal Services’ mental health-legal partnership with new York City mental health care providers is a pioneer: the collaboration since the mid-1980s benefits both patients and the institutions that serve them. By studying the MFY mental health-legal partnership, advocates can learn about the successes and challenges that MFY has faced in implementing its program and determine whether a medical-legal partnership would be appropriate for their clients.
Copies of this article are available for individual purchase online for $15 apiece.
Related Articles- Jennifer Mathis & Laurel Stine, Breaking the Cycle of Incarceration: Strategies to Facilitate Timely Restoration of Benefits upon Release of Inmates with Mental Illness (July-Aug. 2007)
- Michael Allen, Separate and Unequal: The Struggle of Tenants with Mental Illness to Maintain Housing (Nov. 1996)
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