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Weil, Gotshal & Manges LLP
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Weil Gotshal Pro Bono Efforts Help Elderly and Disabled Immigrants in New York Win Social Security Benefits
(August 30, 2005, Weil Gotshal Press Release)
New York, August 30, 2005 -
A four-way partnership between Weil, Gotshal & Manges LLP, the
Legal Aid Society, the New York Legal Assistance and the Empire Justice
Center Group won a resounding court victory last week for impoverished
elderly and disabled immigrants who were no longer eligible for Supplemental
Security Income (SSI). State Supreme Court Justice Jane Solomon ruled that
New York State must meet the basic needs of elderly and disabled immigrants,
even if the federal government will not. The decision will benefit thousands
of immigrants with special needs who rely on the State to help pay their
rent, utilities and transportation costs.
The case was brought by legal immigrants
after Congress restricted SSI benefits to disabled refugees and asylees
for a limited duration of seven years. Unfortunately, long delays and onerous
requirements prevented many immigrants from naturalizing before losing
their SSI benefits, ultimately reducing their monthly incomes and making
it difficult to afford rent, utilities and other basic necessities. The
decision recognizes New York State's Constitutional and statutory obligations
to needy residents, regardless of their immigration status.
Plaintiffs’ lawyer, Richard Slack
of Weil Gotshal who worked on the matter pro bono, said, “This is a humane
and important decision. It means that elderly and disabled immigrants who
are poor will no longer have to choose between paying their rent and eating
dinner.” Furthermore, he expressed that “it was very gratifying to work
in a partnership with Legal Aid, the Greater Upstate Legal Project and
NYLAG. We all offered our expertise and contributed to a change that will
do a lot of people good.”
Justice Solomon held that the State's
refusal to meet the needs of disabled immigrants violates the State Constitution,
which requires New York State to meet the basic needs of all of its indigent
residents regardless of immigration status. The judge also held that treating
disabled immigrants more harshly than disabled citizens violates the Equal
Protection Clause. The decision applies to all lawfully residing elderly,
blind and disabled immigrants, including those who were never eligible
to receive SSI.
Weil, Gotshal & Manges is an
international law firm of more than 1,200 lawyers, including 300 partners.
Weil Gotshal is headquartered in New York, with 20 offices in Austin, Boston,
Brussels, Budapest, Dallas, Frankfurt, Houston, London, Miami, Munich,
New York, Paris, Prague, Providence, Silicon Valley, Singapore, Shanghai,
Warsaw, Washington DC and Wilmington.
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