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1995 August - September

Implementation of Drug Addiction and Alcoholism Provisions in Disability Cases

By Ethel Zelenske

This column describes the implementation of provisions of the Social Security Administrative Reform Act of 1994 restricting disability benefit payments to drug and alcohol abusers. Among other things, the provisions impose a 36-month payment limitation on beneficiaries, require the suspension of benefits for noncompliance with treatment, and require beneficiaries to receive benefits through a representative payee.

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Landlord Failure to Resolve Shared Meter Problem Breaches Tenant's Right to Quiet Enjoyment

By Roger D. Colton & Janet Labella

In Legg v. Castruccio, the Maryland appellate court recently held that, where tenants have a common meter and one tenant fails to pay his or her share of the utility bill, the landlord was liable for damages in the amount of the unpaid bill.

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Reengineering Social Security

Social Security Admistration's Plan for a New Disability Claim Process

By Robert E. Rains

The Social Security Administration has undertaken a reengineering of the disability claims process. This article discusses the proposals and their potential impact on clients.

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The Civil Rights Remedy of the Violence Against Women Act

By Julie Goldscheid & Susan Graham

The Violence Against Women Act, passed last September, declares that violent crimes motivated by the victim's gender are discriminatory and violate the victim's federal civil rights. This article discusses the back-ground to the passage of the Act, the elements of proof for the Act's civil rights remedy, and the various practice concerns plaintiffs are likely to encounter.

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The Pot of Gold

Monitoring Health Care Conversions Can Yield Billions of Dollars for Health Care

By Eleanor Hamburger, Jeanne Finberg & Leticia Alcántar

When nonprofit corporations convert to for-profit status, they are obligated by the laws in most states to turn over their assets to another nonprofit organization dedicated to similar purposes. Without careful monitoring, however, health maintenance organizations and hospitals may successfully hold onto billions of dollars that are rightfully systems owed to the public. This article outlines the law relating to health care conversions and describes various advocacy strategies for recapturing billions of dollars owed to health care charities when a health plan converts from a nonprofit to a for-profit corporation.

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