At the AIDS Law Project of Pennsylvania, we believe “AIDS is hard enough, justice shouldn’t be.” Every day we work to secure justice for our clients.
Justice Friended: A good referral goes a long way
Our client saw no relief in sight as he struggled with keeping a secure home, so his 6-year-old twins could continue to visit each weekend. His apartment needed repairs, his landlord ignored him, his hours at work had been greatly reduced, and his unemployment compensation didn’t cover his bills.
Our client was expecting that his employer would soon offer him more hours and that he could make a payment plan for the money he owed. He was already four months behind on rent, when a friend told him to call the AIDS Law Project. By the time he contacted us, his landlord had filed a complaint seeking eviction and $5,100 in back rent.
The client also told us that leaks in his downstairs rooms caused mold and that the windows were painted shut and the air couldn’t circulate. The landlord refused to fix the problem.
With his low income and high debt, we advised him that it was unlikely we could successfully negotiate an affordable payment plan that would allow him to remain in his apartment. The client was willing to try a fresh start at a new apartment, but he was anxious about the consequences of having a large debt on his credit report.
From conversations with the client, we determined that the landlord had failed to certify that the property was lead free. Philadelphia’s lead law requires that rental properties, in which children age six and under reside, be certified. When we brought up this defense and the ignored repair requests, the landlord agreed to waive the money our client owed, as long as he left the property in one month.
Our client is moving in with a friend while he waits to be called back to work full-time. He is also waiting to be assigned a medical case manager to help him apply for rental assistance, when he is ready to make his next move.
With good friends and a good lawyer, his future looks much more promising.
Justice Employed: Many roads to get to work
Helping people living with HIV to remain or enter the workforce has been a long-standing mission of the AIDS Law Project.
Among our victories in this area has been the clarification of occupational licensing regulations. More than 50 jobs in Pennsylvania prohibit the employment of workers with contagious, communicable or infectious diseases. In 2011, we worked with then Governor Ed Rendell to issue a clarification that the regulations do not apply to people living with HIV because the virus is not transmitted through casual contact or through the usual practice of the profession or occupation for which a license is required. We have used the clarification, which can be found here, to support the rights of people with HIV to be employed in those professions and occupations.
For 30 years, we have fought HIV-discrimination in the workplace.
Earlier this summer, we noticed with admiration when another governor supported the rights of people with disabilities. Governor Tom Wolf signed House Bill No. 1641 codifying his “Employment First” executive order. The new law ensures that Pennsylvania will be hospitable to workers with disabilities.
As people with HIV are living longer, healthier lives, we remain focused on ensuring their rights in the workplace. In 2017, we worked on 130 employment discrimination-related cases, which include wrongful termination and reasonable accommodation; 95 cases concerning employee rights; and 400 cases to help people return to work while still keeping the public benefits that enabled them to feel well enough to work.
Justice Uncensored: Hearts on a Wire Newsletter now available in Pennsylvania prisons
Hearts on a Wire is a collective organization of transgender and gender variant people and allies inside and outside of Pennsylvania prisons. It publishes a quarterly newsletter of stories, letters to the community, and resources for incarcerated folks. Based on Hearts on a Wire’s internal survey, 34% of its incarcerated members self-disclosed that they are HIV positive.
In May, Hearts on a Wire mailed copies of its 22nd issue of the newsletter to community members.
Newsletters were sent to 19 Pennsylvania prisons, but were rejected by SCI Mahanoy and SCI Frackville.
The AIDS Law Project of Pennsylvania challenged this decision.
First, we argued that the Department of Corrections (DOC) failed to follow its own policy with regard to reviewing incoming publications before distributing to recipients. Further, we argued that had they followed their policy, they would have concluded that the newsletter was appropriate for distribution. Finally, we argued that refusing to distribute the publications without a legal basis violated the 1st Amendment rights of the intended recipients.
In response to our arguments, the DOC agreed that the appropriate process hadn’t been followed and ultimately approved the publication for distribution.
Hearts on a Wire re-sent copies of the newsletter to the original intended recipients. Further follow-up confirms that they were received as planned.
The AIDS Law Project is grateful that organizations like Hearts on a Wire exist and we are proud to support them in their efforts.
Justice Starred: Humanitarian Marlene Dietrich shines on the Silver Screen
As many of you already know, AIDS Law Project of Pennsylvania, in collaboration with Secret Cinema, will be screening Desire at William Way LGBT Community Center this Friday, July 20th. But did you know that one of Desire’s stars, Marlene Dietrich, was an advocate for immigrants coming to the U.S. during World War II?
Born in Germany, Dietrich vocally opposed the rise of the Third Reich and refused to appear in Nazi propaganda films. She made anti-Nazi broadcasts in German, helped her Jewish friends escape the Holocaust, and became a symbol for free Germany.
When she left Germany for the U.S., Dietrich worked to raise money to support families fleeing Europe in the wake of fascism and advocated for immigrants to have the rights of U.S. citizens. Dietrich was noted for her humanitarian efforts during the war. She received honors from the United States, France, Belgium, and Israel.
As we fight to protect the rights of all people, we are excited to have Marlene Dietrich as the face of our movie party.
Party, featuring a Tex-Mex taco fest (vegetarian and non-vegetarian) lovingly prepared by our former born and raised in Texas legal intern, along with complimentary cold local beer, homemade sangria, and sparkling water, starts at 6 p.m. Film historian Richard Barrios will be on hand to dish about Dietrich and Desire, which starts at 7:30 p.m.
Justice Desired: Summer Cinema Sizzles
Join us for the 19th Annual Summer Movie Party on Friday, July 20 at the William Way LGBT Community Center (1315 Spruce Street)
6 p.m. — party, food, beer, soft drinks
7:30 p.m. — film screening
This year, our friends at Secret Cinema are screening Desire, starring Marlene Dietrich and Gary Cooper.
Film historian Richard Barrios will be on hand to dish on Dietrich and Desire.
TICKETS: $20 (or $25 at the door)
Click here to buy tickets.
SPONSORSHIP OPPORTUNITIES: Every sponsor will be recognized on all event materials and listed in the fall issue of Good Counsel, the AIDS Law Project of Pennsylvania’s newsletter.
Justice Declared: Celebrating Independence
As we celebrate the Fourth of July with vacation days, parties and and barbecues, let us not forget the heart and preamble of the Declaration of Independence:
We hold these truths to be self-evident, that all men are created equal, that they are endowed, by their Creator, with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.
Let us all commit ourselves to take every action necessary to ensure that these core values are not lost in these trying times.
Have a safe Fourth!
AIDS Law Project of Pennsylvania
Justice Broadcasted: Helping WHYY protect the public’s right to know
Arriving to the studio in the dark morning hours, staff, board and friends of AIDS Law Project of Pennsylvania donated their Thursday morning to assist WHYY with their phone pledge drive.
Special thanks to Morning Edition host Dave Davies who thoughtfully introduced the AIDS Law Project to his listeners.
We had a great time connecting with people who share our love for WHYY and its commitment to accurately reporting the news.
The late great poet Gil Scott-Heron famously said, “the revolution will not be televised.” We are grateful that the issues of the day are still freely discussed on the radio airwaves.
Want to support WHYY? You can go online and make a pledge here: https://support.whyy.org/join.php
Justice Respected: Client wins security and dignity
Our client is a trans woman who dropped out of school at an early age. With almost no employment options, she turned to sex work as her only means to support herself. She was arrested and incarcerated frequently. She was afraid to ask for help because she was afraid of how people would treat her. She was frequently misgendered and dreaded the humiliation. She lived with a lot of anxiety about being herself out in the world.
She developed several health problems, some of which necessitated intensive medical treatment. She came to the AIDS Law Project looking for help. She knew that in order for her to get benefits, she would have to appear for a hearing. She knew that her medical records indicated her sex assigned at birth, not her gender identity. She was concerned that the court would question her identity because of the misgendering in her medical records. We tried our best to reassure her as we prepared her case for a hearing.
At the hearing, we presented the evidence to prove the client was disabled. To explain the inconsistencies in the medical records about her gender, we advised the judge that the client is a trans woman. This conversation enabled him to have greater insight for this client and hopefully for other transgender claimants in the future. It did not take the judge long to rule in the client’s favor.
The client is relieved that she now has financial stability and health insurance, and didn’t have to betray her gender identity in order to get it.
Justice Tripled: Three happenings are on deck
For the last four years, BAHDEEBAHDU has graciously and generously hosted Boo!, our annual Halloween party. If you’ve ever been to Boo!, you know that BAHDEEBAHDU is a whimsical and wonderful place. To experience the wonder and more, join us on Thursday, June 14 from 6-9 p.m. at BAHDEEBAHDU (1522 N. American St) for the opening reception of KNOW NOW: An LGBT exhibition celebrating 30 years of Philadelphia Pride. Mark your calendar for the Fall Classic: Boo! V at BAHDEEBAHDU on October 26.
Next up is Bridging Connections across the LGBT Community, a happy hour event co-hosted by the AIDS Law Project and Aramark PRIDE on Thursday, June 21, 6-8 p.m. Pyramid Club (1735 Market St, 52nd Floor). Enjoy complimentary hors d’oeuvres and discounted drink prices and performances by the captivating Cookie Diorio and Sonja Bontrager. Don’t miss this double-play.
Calling all early birds! Don’t sleep in or you’ll be caught looking. Friends and staff of the AIDS Law Project will be staffing a WHYY Membership Campaign on Thursday, June 28 from 5:30-10 a.m. at WHYY (150 N. 6TH St). Volunteers answer phones when supporters call to make contributions to WHYY and help complete transactions. Breakfast will be provided. If you would like to participate, please email Arlene (firstname.lastname@example.org) before Thursday, June 21.
We have a full count of happenings for the rest of the year. Check out the lineup.
Justice Noticed: Notices for Aetna privacy breach settlement are in the mail
In August of 2017, AIDS Law Project, LAC, and Berger & Montague, P.C. filed a federal class action lawsuit against Aetna after a faulty mailing revealed the HIV-related information of thousands of its customers. The plaintiffs included people taking medication to treat HIV as well as people who, like Beckett, take PrEP, a pre-exposure prophylactic that prevents HIV. A settlement on behalf of class members was reached on January 16, 2018.
Class members who suffered financial or non-financial harm as a result of the faulty mailing must submit a claim form by mail or online by September 29, 2018. Details on how and where to submit the claim form can be found at: https://www.beckettprivacyclassaction.com/ or by calling the AIDS Law Project at 215-587-9377 or emailing email@example.com.
Justice Proud: Promptly prepare for plenty of pride parties
June is just a day away and that means it’s time for Pride.
The AIDS Law Project is always proud of the courage of our clients and the smartness of our staff. June gives us a chance to be proud out loud.
To be loud and proud with us, check out our list of the upcoming June Pride events, click here.
Justice Planned: Mark your calendars for our 30th Anniversary Celebration!
This year marks 30 years since the AIDS Law Project first began to provide free legal services to people living with HIV. The road to 30 has been bittersweet. With every victory and step forward, we realize how much more work there is still to be done.
We are excited to announce that our 30th Anniversary Celebration will be October 11 at the Asian Arts Initiative, located at 1219 Vine St, Philadelphia. We will be celebrating 30 years of brave clients who came forward to tell their stories, colleagues and professional partners who knew the value of collaboration, generous funders and donors who appreciated the unique role of a law firm amidst a public health crisis and our committed staff, volunteers, interns and board who know that the opportunity to improve the quality of someone’s life is a rare gift.
More details to come, but for now mark your calendar! Plan to join us for the celebration, become a sponsor, buy tickets and show your love and support.
Justice Preliminarily Approved: Aetna settlement notices soon to be in the mail
Last week, a federal district court in Philadelphia granted preliminary approval of the $17 million settlement in our class action lawsuit against Aetna.
In August of 2017, AIDS Law Project, LAC, and Berger & Montague, P.C. filed a federal class action lawsuit against Aetna after a faulty mailing revealed the HIV-related information of thousands of its customers. The plaintiffs included people taking medication to treat HIV as well as those on PrEP, a pre-exposure prophylactic that prevents HIV. A settlement was reached on January 16, 2018.
Now that the court has issued a preliminary approval, settlement notices and claim forms will be mailed to anyone who received the faulty mailing. Please check our website aidslawpa.org at the end of May for a timeline on the mailing of the notice. Once you receive the notice and claim forms, please complete as appropriate.
If you received the faulty mailing and have updated your address since July 2017, please contact us at firstname.lastname@example.org.
As always, if you have questions, please contact us at email@example.com or 215-587-9377.
For more information about the case, click here.
Justice GayBINGO’ed: 10 more days to reserve your seat
Want to play GayBINGO with the AIDS Law Project on May 19th?
Join us for The Divine Miss M GayBINGO hosted by the AIDS Fund at the Gershman Y. Attendees are encouraged to dress like Bette Midler or wear otherwise fabulous accoutrement. Doors open at 6 p.m. and games begin at 7 p.m.
2018 is our 30th anniversary. We are planning a series of fun events to recognize our anniversary. Here’s your chance to be part of the fun.
Click here to buy tickets for you and your peeps to sit at the AIDS Law Project’s table! ($30/person)
Ronda will be calling a game. Messy has been volunteering as a Bingo Verifying Diva (aka a BVD) since 2010. AIDS Law Project board and staff will be in attendance.
So get your bingo dabbers out and get ready to say the GayBINGO Pledge:
I solemnly swear that I am here to raise money for people living with AIDS and to stop this horrible epidemic. I further swear that bingo is just a stupid game, but I will keep playing bingo until this crisis is over.
Justice Embedded: Medical-legal partnership works in Southern New Jersey
Two weeks ago, our Senior Staff Attorney for our New Jersey office, Charlotte Hollander, presented on “The Benefits of Having an Attorney Embedded in the Medical Clinic” as part of a symposium at Robert Wood Johnson Medical School (Rutgers) in New Brunswick, NJ, sponsored by the Central Jersey Legal Services.
Our South Jersey program is embedded in the Garden State Infectious Disease clinic in Voorhees, NJ.
As part of her presentation, Charlotte gave examples of how our clients greatly benefited from the partnership between health care providers and legal staff. Among the issues Charlotte discussed was the connection between housing and good health outcomes.
If you or someone you know is living with HIV in Southern New Jersey and require legal assistance, please contact us at 215-587-9377.
Julius Update: It’s take your baby to work day
Nine-month-old Julius Eden attended our semi-annual HIV and Public Benefits Advocacy training today. The two-day training is designed as both an introduction and a refresher course for medical case managers at area AIDS service organizations. The AIDS Law Project has produced these trainings for the AIDS Activity Coordinating Office (AACO) of the Philadelphia Department of Health for more than twenty years.
The training topics include: Social Security disability applications and appeals; returning to work following disability; Medicaid and Medicare; food stamps. In the last few years, we have also added a section on landlord and tenant advocacy.
We see these trainings as an opportunity to expand the case managers’ skills, which translates to quicker action and better results for people living with HIV.
Julius is happy to be among this group of strong and caring advocates.
Justice Lost & Found: The necessary proof to get to college
Our client’s daughter was born in a refugee camp 19 years ago. Babies born in the camp were not issued birth certificates. She came to the U.S. with her father and siblings when she was 5 years-old. At that time, she received her only government issued identification, which was an I-94 arrival record.
2 years ago, her father lost his wallet that contained her only identification document.
The client tried to contact a United Nations office to get proof of her travel history. The only record they could give her was proof that her family promised to repay the expense of her transportation to the U.S.
Without any resources to help his daughter, the client contacted us. We obtained proof that she entered school in August of 2005 and that she got a student ID and was a senior in high school in 2016.
With proof of the promise to repay the expense, the school records from 2005 and the student ID from 2016, we requested that Homeland Security reissue her I-94 arrival record which establishes her immigration status as a refugee.
Without proof of her immigration status, this graduating high school senior would not be able to get financial aid despite the fact that she was already accepted into college.
She and her father are grateful that our request was granted and that her I-94 was reissued.
Justice GayBINGO’ed: Play bingo and help people living with AIDS
Want to play GayBINGO with the AIDS Law Project on May 19th?
In recognition of our 30th anniversary, we are reserving a table for our friends. To ensure that you’re seated at our table, order your tickets as soon you can. Click here to buy tickets for you and your peeps to sit at the AIDS Law Project’s table! ($30/person)
The AIDS Fund has been presenting themed-GayBINGO at the Gershman Y at Broad and Pine (401 S Broad St) for over 20 years. On Saturday, May 19th, the theme is The Divine Miss M. Attendees are encouraged to dress like Bette Midler or wear otherwise fabulous accoutrement. Doors open at 6 p.m. and games begin at 7 p.m.
Ronda will be calling a game. Messy has been volunteering as a Bingo Verifying Diva (aka a BVD) since 2010. AIDS Law Project board and staff will be in attendance.
The AIDS Law Project and the From All Walks of Life Committee were recently honored with the AIDS Fund’s Founders’ Award at Black-Tie GayBINGO. The From All Walks of Life Fund supports the most vulnerable people living with HIV through financial assistance grants during times of crisis.
So get your bingo dabbers out and get ready to say the GayBINGO Pledge:
I solemnly swear that I am here to raise money for people living with AIDS and to stop this horrible epidemic. I further swear that bingo is just a stupid game, but I will keep playing bingo until this crisis is over.
Justice Optimized: Do good, feel good, look good
Are you ready to start your Spring fitness regimen? We are pumped-up to announce that starting April 1st and going through June, Optimal Sport will be donating $2 to the AIDS Law Project of Pennsylvania for every new membership at any of their locations.
Optimal Sport is conveniently located in Center City Philadelphia, Newtown, PA and Burlington, NJ.
As a member, you can pick from an array of classes, including the S&M (Strength and Muscle) class taught by our dear friend Midge Shull. No better way to put a spring in your
on-the-way-to-the gym step than by supporting community organizations.
The way we see it, when you do good, you feel good. And as well all know, the saying goes, April gym hours bring May muscle power. Check out Optimal Sport Health Clubs here: http://optimalsporthealthclubs.com/be-optimal/
Justice Suboxoned: From subsistence to sustenance
Our client was living in her car in Burlington County, NJ. She needed help appealing the denial of her application for Social Security disability benefits. In addition to living with HIV, she had a history of trauma and opioid dependence.
She found her way to a daily suboxone program, which is a medication-assisted treatment for opioid addiction. As part of the suboxone program, she also began to attend group therapy and individual therapy. She was diagnosed with an anxiety disorder, neuropathy, and PTSD. She began to take her medication. She secured transitional housing and her life began to change.
We represented her at the Social Security disability hearing. The judge found that due to her need for the suboxone program and therapy, our client would be off task 15% of the time and miss two days a month from the workplace. The vocational expert at the hearing testified that the kind of jobs that would be suitable for our client would not tolerate regular monthly absences. Based on the evidence that there are no jobs suitable for her in the national economy, the judge awarded her disability benefits. With reliable monthly income, she can now look for permanent housing.
Harm reduction services have turned this client’s life around. She has gone from struggling to succeeding. A positive score in anyone’s book.
Justice Reignited: Reviving sparks and health insurance
After 30 years of living separate lives, our client ran into her first husband. The old sparks, once dormant, came blazing back to life. The couple decided to remarry.
Our client and her new husband are both disabled and receive public benefits. Each was individually eligible for public benefits based on their income, resources, and/or circumstance. Our client had Medicare and Medicaid.
Medicare covers 80% of each bill and she relied on Medicaid to cover the balance. Medicaid eligibility is based on household income. By combining their income, however, she lost her eligibility for Medicaid. Without Medicaid, she was unable to pay the 20% of each medical bill that Medicare doesn’t cover.
Her romance may have been rekindled, but her full health insurance coverage was extinguished.
She contacted us for help and we evaluated her situation. We realized she was eligible for a different category of Medicaid, which has a significantly higher income limit and a small monthly premium. We appealed the termination of her Medicaid and requested that it be resumed in a different category. After several weeks, she was finally placed in the appropriate Medicaid category.
By reviving her health insurance and her relationship, she now feels secure.
Remember to look before you leap. Marriage affects public benefits. Click here for more information.
Justice Quilted: A display, a talk and a movie
Join us on Thursday, March 8 at the John C. Anderson Apartments for a special display of the AIDS Memorial Quilt, a brief talk on the legal rights of people living with HIV, and then a screening of the 1993 film Philadelphia.
A courtroom drama directed by Jonathan Demme, starring Denzel Washington and Tom Hanks, Philadelphia was a groundbreaking Hollywood film addressing the linked stigma of HIV and homosexuality.
Light food & beverage will be provided.
Philadelphia: A Quilt and a Movie
Thursday, March 8, 2018
6:30 p.m. Display
7:30 p.m. Brief talk and film screening
John C. Anderson Apartments (251 S 13th Street, Philadelphia)
Presented by William Way Community Center’s TransWay, AIDS Fund, NAMES Project, Spruce Street Video, and DMH Fund.
Justice Quizzo’ed: Judge Yolanda takes the bench
2018 is the AIDS Law Project of Pennsylvania’s 30th Anniversary and we will be celebrating all year long with a series of special events.
Join us February 27th, at National Mechanics for a night of quizzo hosted by us!
The Honorable Quizzo Judge Yolanda French Lollis (a.k.a. Managing Attorney at the AIDS Law Project) will be presiding.
Prove that you and your team are expert witnesses on Philadelphia, the AIDS Law Project, and general trivia. The second place winners will receive 4 tickets to the AIDS Law Project’s 2018 Summer Movie Party. The winning team will bring home a $100 gift certificate to National Mechanics!
RSVP here: AIDS Law Project Hosts Quizzo
Tuesday, February 27, 2018
National Mechanics (22 S 3rd Street, Philadelphia)
Justice Planned: Love is in the air
A client asked for help with completing advanced planning documents for him and his long-term partner. The couple planned to spend their lives together and wanted documents to prove their commitment to one another.
The trouble was finding time for the couple to come in for an appointment. As a flight attendant, our client had a work schedule that was always up in the air. Our client readily admitted that with a busy schedule, it was easy to put off the planning in the moment, but not having documents made him anxious.
After several weeks of scheduling and rescheduling, a meeting was finally planned and the documents were finished. An AIDS Law Project lawyer, paralegal, and notary helped the couple each complete a Will, living will, and a medical power of attorney.
We are happy that this couple can now soar through life, without the worry of not having their landing gear in place.
The AIDS Law Project wishes you a Happy Valentine’s Day and we encourage you to plan ahead to protect yourself and your loved ones.
Justice Viewed: ENDGAME: AIDS in Black America
Today is National Black HIV/AIDS Awareness Day, a national HIV testing and treatment community mobilization initiative to encourage Black Americans to get educated, get tested, get involved, and get treated.
In observation of National Black HIV/AIDS Awareness Day, we invite you to watch an online film screening of the groundbreaking 2012 documentary ENDGAME: AIDS in Black America.
“The film is about race in America as much as it is about HIV — how a virus has exploited our inability to deal with our problems around race,” says filmmaker Renata Simone. “In part I hoped to show how the big, abstract social issues come to rest on people every day, in the limited life choices they face. The story of HIV in black America is about the private consequences of the politics of race.”
In 2017, the federal Centers for Disease Control and Prevention reported that “although [Black Americans] represent only 12% of the U.S. population, [they] account for a much larger share of HIV diagnoses (43%), people estimated to be living with HIV disease (43%), and deaths among people with HIV (44%) than any other racial/ethnic group in the U.S.”
In our 30 years of providing free legal services to people with HIV, we have seen the percentage of our total client population that is Black Americans increase from 25% to 62%.
As we reflect on Black History Month and our 30 years of service to the community, we are mindful of how HIV has impacted and continues to disproportionately affect Black Americans.
Justice Immigrated: First filing for green card based on same-sex marriage
Since marriage equality became the law of the land in 2015 with the U.S. Supreme Court’s decision in Obergefell v. Hodges, we have counseled a dozen same-sex couples on their immigration rights.
We are pleased to report that this week we filed our first request for a green card based on same-sex marital status.
For many of our couples, for which one or both of them are living with HIV, the substantial legal barriers and the high cost of filing fees prevented further action to secure the immigrant partner’s residency status.
With some financial assistance from our colleagues at the AIDS Fund for the filing fees, this newlywed couple has taken an important step forward to ensuring their right to live together in the U.S.
We will report back on their progress.
Justice Cookied: A happy hour to meet, greet and be entertained
2018 is the AIDS Law Project of Pennsylvania’s 30th Anniversary and we will be celebrating all year long with a series of special events. Our first special event is a casually fabulous happy hour at Fergie’s Pub in Center City. This is a free admission event with a cash bar and great pub food.
Join us on the second floor to meet the staff of the AIDS Law Project, have a drink, and be entertained by drag songstress Cookie Diorio!
TUESDAY, JANUARY 30, 2018
5PM – 7PM
FERGIE’S PUB (1214 Sansom Street)
Justice Insured: Aetna agrees to pay $17 million to settle HIV privacy breach class action
A $17 million settlement was announced today in a federal class action lawsuit against Aetna, Inc., the third largest health insurance company in the United States, after a faulty mailing breached the HIV privacy of thousands of Aetna’s customers.
The nationwide class action lawsuit was filed in August 2017 in the United States District Court for the Eastern District of Pennsylvania by the AIDS Law Project of Pennsylvania, the Legal Action Center, and Berger & Montague, P.C. on behalf of current and former Aetna customers taking medication to treat HIV, or PrEP, a pre-exposure prophylactic that prevents HIV.
Our announcement comes six months after Aetna, as part of a settlement of an earlier set of lawsuits, mailed a notice in July 2017 in envelopes with large transparent windows that accidentally revealed that the recipients were prescribed HIV medications. It is believed to be the world’s largest data breach involving HIV privacy, and many recipients have reported suffering significant harm as a result of the mailing.
Justice ACA’ed: Widow gets birthday present of increased monthly income and stable health insurance
Last year, our client turned 62 and became eligible for public benefits in addition to the pension from her late husband’s work that she had been receiving. She hoped that since she was at retirement age, she could take advantage of additional benefits to make her life a little easier.
She contacted us to ask whether she had any options. We reviewed her eligibility and determined that she had the option to select from either retirement benefits or widow’s benefits to increase her monthly income.
The retirement benefit would give her less monthly income than the widow’s benefits, but would allow her to remain income eligible for Medical Assistance.
We advised that she if accepted the smaller amount, she could switch to the larger benefit when she turned 65 and would become automatically eligible for Medicare. She wouldn’t have to worry about staying income eligible for her to keep Medical Assistance.
If she wanted the bigger monthly benefit, we would need to find her alternative health insurance. We researched the Marketplace insurance options available under the Affordable Care Act. She selected a medium-priced insurance policy, which she will supplement with the Pennsylvania’s HIV drug assistance plan.
Now she receives widow’s benefits in addition to her pension, and she switched from Medical Assistance to an ACA health plan. With our help navigating the system, she was able to make her birthday wish for an increased monthly income come true.
Justice Anniversaried: 30 years of service
2018 is our 30th Anniversary and we will be celebrating all year long with a series of happenings.
We’re excited to announce our first happening:
Tues, Jan. 30, 2018, 5-7 p.m., Fergie’s Pub – 2nd Floor (1214 Sansom Street)
What better way to spend a cold winter night than to cozy up with the AIDS Law Project staff and
to hear what we’re working on, to have a hot toddy (or drink of your choice), and to listen to a live performance by operatic songstress Cookie Diorio!
This a free admission event with a cash bar. Fergie’s also serves great pub food.
For more on the fabulous Cookie Diorio, check out Cookie Diorio & Matt Brower performing “I can see clearly now” at Art Of The Heel.
Please mark your calendars, invite your friends, and come say hello!
Justice Reviewed: A Quality Mystery
Our client called us panicked and fearful that his Social Security disability benefits were suspended.
He had received a letter from the Social Security Administration advising him that his benefits, which he had been receiving for two decades, were being reviewed. With previous reviews, he went to the local Social Security office to submit the requested documentation, but this time they refused to accept it. Instead, inexplicably, he was directed to send his original birth certificate and marriage license to Boston.
We put on our detective hats to solve the mystery. We tracked down the office in Boston. In our sleuthing, we learned that Social Security Administration conducts “quality reviews” to ensure that its rules are followed in awarding benefits. The Social Security Administration randomly selected our client’s file as its quality assurance measure.
We confirmed that his benefits were not at risk. We calmed the client down, reassured him that his benefits would continue uninterrupted, and made sure that his original documents were returned.
Justice Carded: Sending holiday greetings to inmates living with HIV
The holidays can be a lonely time, especially for those incarcerated and away from their families and friends. The holidays can be even more difficult for inmates living with HIV, who may not have a lot of outside support.
Thanks to the coordinating efforts of our friends at the Sero Project, the AIDS Law Project mailed holiday cards to 100 inmates with HIV throughout the country. We hope our festive holiday cards signed by our staffers will bring them a little joy.
If you want to share the holiday card love, contact firstname.lastname@example.org.
Justice Driven: Taxi company held responsible for discriminatory conduct of its drivers
In December of 2009, our client kissed his male partner in a taxi and the driver ejected them both.
The client filed a complaint with the Philadelphia Commission on Human Relations (PCHR) against PHL Taxi alleging a violation of the Fair Practices Ordinance, which prohibits discrimination based on sexual orientation.
PHL Taxi asserted that as a dispatcher it is not responsible for the discriminatory conduct of its drivers.
In the recently released Final Decision and Order, PCHR rejected PHL Taxi’s argument and ordered the company to: instruct its driver to not discriminate; educate its employees and drivers on the Fair Practices Ordinance; pay reasonable attorneys’ fees; and pay a $500 penalty to the client.
The AIDS Law Project represented this client because we believe fighting discrimination in the LGBT community is essential to protecting the rights of people living with HIV.
Justice Reported: The Fall 2017 edition of Good Counsel is now available!
Twice a year, we publish our newsletter, Good Counsel, to spotlight our victories and share our work in progress. Good Counsel allows us to explain how we successfully navigate difficult systems for our clients. We also report on special events, items of community interest and our fabulous parties.
Every spring, we include statistics on the clients we served and the legal issues we handled in the previous year. Every edition, we include a list of the generous donors who have contributed to the AIDS Law Project’s support in the previous six months.
If you’d like a hard copy, email email@example.com.
Justice Internationalized: Friday is World AIDS Day
On this day, people around the world will be remembering those we have lost to AIDS-related illness and showing support for those living with HIV.
Globally, an estimated 36.7 million people have HIV. More than 35 million people have died of HIV or AIDS, making it one of the most destructive pandemics in history. World AIDS Day is important because it reminds the public and government that HIV has not gone away – there is still a vital need to raise money, increase awareness, fight prejudice, and improve education.
All year long, we work to ensure that people with HIV and AIDS live complete and full lives. We’re lawyers. We do our part by lawyering. Please continue to do your part in whatever way you can.
Justice Unspoken: Paying the price for disrespect
Our client hadn’t paid her rent and was facing eviction. She was ready to leave, especially after the landlord’s son attacked her spouse over the unpaid rent.
We represented her to make sure the eviction judgment was for the right amount and to spare her from the humiliating verbal assault the landlord promised to deliver in court.
After a hearing that lasted only a few minutes, the parties agreed the tenant would pay one month’s rent and that she would vacate immediately.
The landlord however, was not completely satisfied. She complained loudly to the Judge that she didn’t care about the money and just wanted the tenants out.
In response, the Judge ordered that the tenant pay only $95 court costs, instead of the $900 rent plus court costs, the tenant had agreed to pay.
With our assistance, the client saved her dignity and $900.
Justice Birthed: Clients at needle exchange site take a step forward
Twice a week, the AIDS Law Project of Pennsylvania holds clinic hours at Prevention Point Philadelphia (PPP), the city’s only legal syringe exchange. We offer free legal services to clients who don’t usually seek assistance, despite their need for it. Many of these clients have no identification documents. Without these documents, clients struggle to find legal employment or stable housing or to even get health care.
The first step to obtaining identification documents is getting a birth certificate.
Recently, we were able to provide assistance in obtaining birth certificates for two women at PPP.
We met the first woman almost 22 months ago. She requested help getting a birth certificate. We ordered it, but we didn’t see her again until two weeks ago. When she finally showed up, she reported that she had been drug-free for 6 months and was committed to staying clean. She was delighted that we had her birth certificate waiting for her. We wish her well as she continues with her recovery.
The second woman was in a hurry to get her life in order. She wanted a birth certificate so she could get a driver’s license and a job. Even though we told her it would take 8-12 weeks to arrive, she checked with us frequently to see if we had it. By the time it arrived two weeks ago, she had found a job. She smiled broadly when we handed it to her and rushed out to get her driver’s license.
Justice Explained: Training medical professionals on public benefits
Part of our mission is to educate on access to healthcare. Last week, we conducted a training in State College, Pa. for more than 70 medical professionals.
The 4.5-hour training was attended by physicians, psychologists, nurses, medical case managers, counselors, and social workers from around the state and included information on Medical Assistance, Medicare, the Special Pharmaceuticals Benefits Program (SPBP), and Social Security disability programs.
The audience left better prepared to navigate the public benefits and insurance systems to ensure the best possible health outcomes for their patients.
Justice Zoned: Finding a stable space to call home
Our client panicked when his landlord told him to vacate immediately.
The tenant was living in a four-unit apartment building, although it was only zoned for three. Our client, who had lived in the unit for five years, knew about the zoning problem. The landlord assured him that their appeal to the Zoning Board would all work out.
A week before the tenant was to renew his lease for another year, the landlord lost their latest appeal and failed to tell our client. The tenant remained in his apartment for a few months before he received the phone call instructing him to move out. The landlord claimed that the Office of Licenses and Inspections directed him to remove the tenant’s kitchen and bathroom immediately, so as to make the apartment uninhabitable.
The landlord offered to place the tenant in an apartment in another building, but the rent was $225 more a month. After we advised him of his rights, the tenant asked for our help in negotiating with the landlord. We asked the landlord to refund his entire October rent, immediately return his security deposit, and provide $500 for moving expenses.
With $1,800 in hand the day he moved out, he is looking for a new apartment to settle into.
Justice Boo!-ed: A wickedly fun party to support vitally important work
Love reading our #JusticeUpdates and wish you could play a role in one? Now is your chance. We will be fighting for justice at our annual Halloween party, BOO! @BAHDEEBAHDU. The theme of this year’s party is “Wretched Excess” and in that spirit we have doubled the fun!
Join us for a seated three-course dinner paired with fine wines on Thursday, Oct. 26. Come back the next night, Friday, Oct. 27 for a wild dance party. Costumes are encouraged both nights.
Dinner starts at 6pm. Tickets are $250 and include admission to the dance party the following night.
Dance party starts 9pm and tickets are $50.
Both events are at bahdeebahdu, 1522 N. American Street, Philadelphia.
To buy tickets, go to aidslawpa.org.
Justice Preempted: An offer that was too good to be true
Our client is a 53-year-old man, who has lived in his home for 19 years. Seven years ago, he was sick and unable to work. He was facing foreclosure because he fell behind on the payments. We helped him refinance his mortgage, obtain long term disability benefits, and remain in his home.
Recently, he received a time-limited offer in the mail to refinance his mortgage. The offer looked attractive and promised him great savings. He turned to us for guidance.
We reviewed the projected mortgage modification. We explained that the calculated payments are estimates and that if he accepted the offer, the final prices could be higher and he would be forced to accept them. Once we explained that the mortgage modification process has more room for negotiation on costs than the offer provided him, he felt empowered.
He no longer felt pressured to accept the time-limited offer and decided to consider his options on his own time table.
Justice Wikied: Working, walking, and running to end AIDS stigma
For almost 30 years we have been fighting discrimination against people living with HIV.
Check out our Wikipedia page to see our latest victories:
We’re proud of the work that we’ve done to challenge AIDS stigma and our goal is to get to zero – zero new infections, zero deaths, zero stigma – and Getting to Zero is the theme for this year’s AIDS Walk!
For 31 years, the AIDS Fund has presented the AIDS Walk. Join us on Sunday, October 15, 2017 for the 31st Annual AIDS Walk/Philly 5K! We are Team #8. Walk or run with us to end AIDS stigma. The 5K Run begins at 7:30am and the Walk begins at 9am. Come say hello and meet us at the foot of the Philadelphia Museum of Art stairs for our team photo at 8:30am. For more information, go to: aidswalkphilly.org
Justice Added-Up: Family of four counts on benefits
Our client is a 24 year-old mother, living with HIV. She has a 9 year-old child. When her mother died suddenly, she arranged for her two teen siblings to live with her. She reported her increased household size to the Department of Human Services (DHS) and applied for food stamps and Medicaid for her siblings.
Instead of everyone in the household becoming eligible, DHS terminated her and her child’s benefits.
She contacted us for help. We quickly determined that DHS had included her siblings’ Social Security survivor benefits in assessing the family income, but failed to count the increased number of household members. DHS was counting the income of four people, but applying the eligibility limit for two.
We filed an appeal and provided documentation that our client’s siblings were living with her. DHS redid their calculations and determined the whole family was eligible for benefits. With this support, our client is prepared to keep her family healthy, well-fed and together.
Justice Retrieved: Financial ruin leads to chaos for a generous woman
Our client came to us in February 2017. She was homeless and her Social Security disability benefits had been suspended. Her troubles began when she received a settlement payment following a personal injury.
Several years earlier, she was injured when she fell into a hole. In October 2015, she received $12,000 as compensation for her injuries. She was so grateful to have survived the incident that she spent almost all of the money on her family for large Thanksgiving and Christmas celebrations. She also gave a generous gift to the Good Samaritan who rescued her from the hole.
She did not know that she was required to report this settlement to the Social Security Administration (SSA). Once they learned of it, the SSA suspended her benefits, imposed a 15-month penalty, and an $8,000 overpayment. With her benefits suspended and no other income or resources, she was unable to pay the rent and ultimately became homeless.
We reviewed her SSA file and determined her ineligibility period should have only been for the two months in which she spent all the money on holiday gifts to her family and friend. By the end of December, she had spent all of the money and was no longer ineligible for benefits.
We successfully argued that her benefits be immediately reinstated because the ineligibility period ended in December 2015. We also convinced the SSA that her overpayment should be reduced because with no income and no place to live, it would be hard for her to repay the debt.
With the trauma behind her and her benefits reinstated, she has begun to look for a new place to live.
Justice Cared-For: Northeastern Pennsylvania residential care facility settles employment discrimination case with HIV-positive CNA
A northeastern Pennsylvania residential care facility has agreed to pay $30,000 to settle an employment discrimination claim on behalf of a certified nursing assistant who was fired shortly after his employer learned he is living with HIV.
The AIDS Law Project filed a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) in September 2016 alleging that the facility violated the federal Americans with Disabilities Act and the Pennsylvania Human Relations Act.
After working at the residential care facility for eight months, our client was offered a promotion to a management position. The promotion offer was contained in a letter that described our client as “a valued asset to our organization and paramount to our community’s success.”
Six days after receiving a promotion offer, he disclosed that he and his partner were recently diagnosed with HIV to explain why he was unable to work his overnight shift. Five days after disclosing his status, he was terminated.
Prior to disclosing his HIV status, the CNA client received no complaints about his work performance. His work was frequently praised by his supervisors, he was assigned to train new coworkers, and on several occasions he was encouraged to apply for a promotion.
In the spring of 2016, our client’s partner became sick and had to be hospitalized. In the hospital, his partner found out he had HIV. The client then got tested, and he too was HIV positive.
Within hours of disclosing his HIV status, our client was contacted by the owner of the facility and instructed to attend a meeting the following day. At that meeting, he was placed on a 30-day probationary period for alleged performance issues. Five days later, he was terminated, effective immediately. The employer alleged that he had committed a minor time-keeping error.
We are happy to report he is already hard at work at another facility, providing quality and compassionate care.
For more than 30 years, infection control protocols, known as universal precautions, have been recommended by the Centers for Disease Control (CDC) to create safe workplaces for patients and providers. These precautions assume that all blood and other bodily fluids are potentially infectious and health care providers should: routinely use barriers (such as gloves and/or goggles) when anticipating contact with blood or bodily fluids; immediately wash hands and other skin surfaces after contact with blood or bodily fluids; and carefully handle and dispose of sharp instruments during and after use.
According to the Centers for Disease Control, there has not been a documented case of HIV transmission from an infected healthcare worker in the US since 1990.
Justice Worked: Transitioning from disability benefits to employment and back again
Our client is a 64-year-old woman who has been living with HIV for 30 years and on Social Security disability benefits. She began to feel well enough to return to work and got a job with a social service organization.
She knew the first step was to contact the Social Security office so she didn’t risk losing the Medicare that enabled her to feel well enough to work in the first place. She also wanted to be sure that if her job didn’t work out, or if she wasn’t well enough to continue with her job, that she would still be eligible for the social security disability benefits that she fought so hard to get so many years ago.
She called the AIDS Law Project of Pennsylvania for help navigating.
We explained to her that Social Security has an incentive program that encourages disabled people to work. Some people are able to collect their disability benefits and keep their Medicare as they test their ability to work during the Trial Work Period (TWP). We assisted her in reporting her new income and she kept her benefits during this Trial Work Period. At the end of the Trial Work Period, we made sure that Social Security stopped her disability benefits.
After working for a year and a half, the client’s health began to deteriorate and she felt she could no longer work. She called us again for assistance. We devised a plan to help her transition from employment back to social security disability benefits. The client took a break from working to focus on her health and her disability benefits resumed as soon as her employment income stopped.
If she is ready to try employment again, we will be there to advise her at every step along the way.
Justice Metered: A tenant stands up to her dishonest landlord
Our client is the mother of three teenage children. She is also living with HIV and is a recent cancer survivor. She contacted us after she became suspicious her landlord was taking advantage of her.
She had signed a lease agreeing to pay one third of the water bill for the three story building, which only had one meter. The other rental apartment and the landlord’s business office were supposed to be responsible for the remainder.
Although initially our client paid what the landlord told her, after a few months she became concerned she was paying for more than her share. After her landlord failed to respond to her numerous requests for copies of her water bill, she realized she needed legal help.
After multiple requests by our office, her landlord finally provided copies of the bills. Our analysis showed that she was being charged for balances accrued before she was a tenant, as well as a period in which the other rental was empty.
The AIDS Law Project’s advocacy resulted in her landlord agreeing to deduct $300 from her $750 rent. The client was very happy to have her money returned to her, especially because she had decided not to renew her lease and needed money for moving expenses.
The client recently moved into her new apartment and called to let us know how much she appreciated our help. We are happy that we could help her stand up to her landlord and hope she and her family are enjoying their new home.
Justice Rehabilitated: Disabled man gets a chance for a stable life, despite history of drug addiction
Living on the streets with HIV, schizophrenia, bipolar disorder, uncontrolled diabetes resulting in ulcers on his foot, and peripheral neuropathy has made treatment and stability almost impossible for our 59 year-old client. Drug use offered him an occasional escape from his painful life.
He applied for Social Security disability benefits for years, but was repeatedly denied because he is also addicted to drugs. According to federal law, a person may not be awarded benefits if alcohol and drug addiction are considered material to their disability.
Finally, he sought the help of the AIDS Law Project and with our representation he was awarded disability benefits.
At the Social Security hearing, we argued that our client’s drug addiction is not material to his disability. The administrative law judge agreed that the client’s multiple health impairments, advanced age and limited past work experience render him unable to work, regardless of his drug addiction.
With profound physical and mental disabilities and no steady income, a stable life would be forever out of his reach. The client is now living in a Philadelphia drug rehabilitation facility. We hope that this regular income will help him continue on his path to finally finding some peace in his life.
Justice Expedited: A quick restoration of benefits
Our 64-year old client is illiterate, has an anxiety disorder and is living with HIV.
His monthly Social Security disability check is his sole source of income. When it didn’t arrive, he took all his mail to his case manager, who quickly determined that his disability benefits and Medicaid were terminated because he failed to complete paperwork.
The client and case manager called us for help. The 10-day appeal deadline – which would have allowed the client to keep benefits while appealing the case – had already passed.
A hearing to restore his Medicaid would take approximately 6 weeks to 3 months to schedule, while a hearing to restore his Social Security disability benefits could take a year or longer.
To ensure that he has quick access to Medicaid, we immediately called the County Assistance Office explaining to the caseworker and everyone up the supervisory chain that the law required them to evaluate him for eligibility in other Medicaid categories before terminating his benefits. Within 24 hours, his Medicaid was restored.
We also filed a good cause appeal to have his Social Security benefits continued, which was granted a week later.
Justice Renamed: A new name for a safe future
Our client married his now ex-husband in May 2013. The relationship became increasingly violent and his husband was ultimately imprisoned in 2015 for assaulting him. After divorcing his violently abusive spouse, our client started going by a different name socially and moved several times. Fearful for his safety, he tried to initiate a legal name change, but couldn’t complete the process on his own.
Name changes require publication of a notice in the newspaper. Our client was afraid that publishing a notice would enable his ex-husband to find him. When he came to the AIDS Law Project for help, he was not aware that there is an exception to the publication requirement for survivors of intimate partner violence.
We filed the name change petition asking for a waiver of the publication requirement and that the record be sealed. A private hearing was held in the Judge’s chambers. After listening to our client’s testimony about his former marriage, the Judge granted the waiver, ordered the client’s name to be changed and sealed the record.
Our client was incredibly grateful and finally feels like he can stop looking over his shoulder and move on with his life.
Justice Electrified: A quick bankruptcy keeps NJ woman from losing her power
Our client, a 41-year-old disabled woman, lives in a Section 8 subsidized house with her two teenage children in rural Salem County, New Jersey. The family has lived in the house for 15 years and it is in great disrepair.
She has a history of domestic violence and is afraid to talk to the landlord, who refuses to make repairs. With broken windows and no insulation, the house is expensive to heat and her electric bills average $800 month. Her sole source of income is her monthly $700 Social Security disability check. She tries to pay at least $350 a month toward the heating, but every month her debt grows.
Recently, the electric company refused to accept her partial payments and threatened to shut off her power. She called the AIDS Law Project’s Southern New Jersey office for help. We sprang into action and filed a chapter 7 bankruptcy, which canceled her debt and prevented the shut-off.
Now without this debt hanging over her, we referred the woman to a social service agency to help her find secure and affordable housing.
Justice Refocused: Photographer names his “family of choice” to inherit his art
A senior client came to the AIDS Law Project seeking assistance in executing a will and medical power of attorney. Estranged from his immediate family, he struggled with who he would name on his documents.
He will be leaving behind a collection of his photographs, which are inspired by his life as a gay man and his personal experiences dealing with health crises. We encouraged him to consider naming individuals who appreciate his work and will respect his medical wishes. Ultimately, the client chose individuals who will honor his memory and treasure his art collection.
Justice Shielded: Crippling Money Judgment Averted Against Minor Child and Family Housing Crisis Alleviated
We represented a Liberian healthcare worker in an eviction claim after her 15 year-old son was named as the defendant. She had fallen behind on her rent because her work hours were diminished. She didn’t know where to turn for help.
Representing tenants is not new to us, but we were particularly concerned that a court judgment would be entered against the 15 year-old, which would impact his credit record and his future ability to access student loans and housing.
At the municipal court hearing, we presented evidence that the defendant is a minor. With the now-contrite landlord’s attorney aware of his mistake, he decided to withdraw the case entirely. With a money judgment averted, we are negotiating the client’s move to affordable housing.
Justice Turned-Up: P.A. Dept. of Corrections allows Turn It Up! Staying Strong Inside in all Pennsylvania prisons
The SERO Project, a national network of people with HIV that includes a large membership of incarcerated people, publishes Turn It Up! Staying Strong Inside. The latest edition is 34-pages of stories, information, fact sheets and resources for health and wellness.
In May 2017, SERO mailed over 30,000 copies of Turn It Up! Staying Strong Inside. Pennsylvania’s Department of Corrections banned the publication from all state facilities claiming it “promotes negative behavior within the correctional facility.” In particular, the P.A. Dept. of Corrections objected to a 1/2 page report of an unsuccessful hunger strike by inmates peacefully voicing grievances with a medical co-pay policy.
The AIDS Law Project appealed the decision arguing that under the First Amendment inmates are entitled to receive information on asserting their rights.
Earlier this month, in response to the appeal, P.A. Dept. of Corrections reversed its decision. Turn It Up! will be allowed to reach all inmates in Pennsylvania state facilities.
Justice Recalculated: Fixing Social Security’s mistake and finding a $15,000 windfall
Our client’s monthly Social Security disability check was lower than she expected. She knew her check would be offset by her worker’s compensation settlement, but she expected more than $200 a month.
In May 2017, she contacted us for help. We calculated the amount we believed she was due and filed a Request for Reconsideration asking the Social Security Administration (SSA) to redo their math. Two months later, SSA determined that they owed her more than $15,000 in retroactive benefits. Her monthly check was also increased to $900 a month.
Justice Delivered: OB/GYN practice settles after turning away an HIV positive woman because she was “too sick”
Our client was referred to a small OB/GYN practice in western Pennsylvania for a colposcopy. Upon arrival, she was escorted to an exam room by a nurse, and asked questions about her health, including her HIV status. The client disclosed that she has HIV and began to get undressed in preparation for the invasive procedure. The nurse told her “don’t bother getting undressed.”
Forty-five minutes later, a physician entered the examination room and told our client she was “too sick.” He said he expected her colposcopy results to indicate cancer and, without examining her, referred her to a specialty practice. He made this referral even though the OB/GYN practice is affiliated with a gynecological oncologist. Our client left humiliated, angry and in tears. She found another practice willing to perform the colposcopy and cancer was thankfully ruled out.
Our client was still upset when she contacted our office in December of 2016. In response, the AIDS Law Project of Pennsylvania sent a demand letter to the OB/GYN practice. Four months later, the practice paid her $10,000 for her humiliation and emotional distress.
Justice Secured: Settlement for Iraq War Vet Denied Aquatic Therapy because of HIV
On June 23, 2016, the AIDS Law Project of Pennsylvania filed a federal lawsuit on behalf of an HIV-positive Iraq war veteran. The lawsuit alleged Bonnie Jones, who used a pseudonym to protect her identity, was denied aquatic therapy because she has HIV. Defendants Drayer Physical Therapy and OSS Orthopaedic Hospital deny liability.
On May 16, 2017, this case was settled to the mutual satisfaction of all parties.
- 6/25/16 (York Daily Record) Iraq War vet denied therapy due to HIV, lawsuit alleges
- 6/7/17 (York Daily Record) Iraq War vet settles lawsuit alleging HIV-related discrimination
Justice Served: Successful settlement for chef and fiancé fired because of HIV status
The couple had recently moved to the small Pennsylvania town, where one of them had grown up. They were eager to plant hometown roots and prepare to be married. Both had gotten jobs in May 2016 at a country club restaurant, one as a chef. Sadly, everything fell apart quickly.
On their first day at work, the couple prepared a meal to follow the funeral of a country club member. The employer and guests praised them for their effort. When they arrived for work on their second day, the chef was told he was fired because his employer had learned he had HIV.
The chef’s fiancé, who does not have HIV, was initially allowed to keep his job, but his hours were steadily reduced until he was fired a few weeks later.
“They were incredulous,” said Adrian M. Lowe, a staff attorney at the AIDS Law Project of Pennsylvania. “They’d heard stories about this kind of stigma, but they’d never experienced it.”
Federal and state laws clearly prohibit discrimination against people with HIV and AIDS. The protection also extends to those who are regarded as having HIV and AIDS and to those who associate with people living with HIV and AIDS. Further, the Centers for Disease Control and Prevention have long recognized that food handlers with HIV do not present a risk of HIV transmission to co-workers or consumers.
The first step the AIDS Law Project takes in these kinds of cases is to send a letter to the employer explaining the law and medical science concerning HIV and requesting an informal resolution of the matter.
If that doesn’t work, complaints can be filed with various state and federal agencies or the matter can be taken to court.
Although both the science and the law concerning HIV and AIDS have long been established, the AIDS Law Project handled 189 discrimination cases in 2016.
In this case, the restaurant responded quickly to the letter and a settlement including undisclosed financial compensation was reached.
The settlement covered both the chef and his fiancé, who was also targeted because of his association with a person with HIV.
As a result of the incident, the couple was unemployed and unable to find work. They were forced to leave their small town and move out-of-state for jobs in their field. With this case behind them, they are once again planting seeds and planning a wedding.
In addition to Adrian, the AIDS Law Project’s executive director, Ronda B. Goldfein, of counsel Sarah Schalman-Bergen and summer associate Imani Hudson-Hill, Temple University Beasley School of Law, worked on the case.
At the AIDS Law Project of Pennsylvania, we believe “AIDS is hard enough, justice shouldn’t be.” Every day we work to secure justice for our clients. Starting June 14, 2017, we will issue a weekly #JusticeUpdate to report on our work.
The future looked promising for the young man as he prepared to further his education by attending graduate school. Then he got an unexpected and unpleasant surprise in March that threatened to derail his plans.
The Social Security Administration notified him that it had overpaid him about $13,500 in benefits and wanted the money back. His monthly benefit also was cut off, money he needed until he was in graduate school The man, 33, had been meticulous about his records and thought he had provided all the relevant information to Social Security.
“He was befuddled,” said Jacob M. Eden, a staff attorney at the AIDS Law Project. “He was upset he was receiving these bills.”
The student appealed the decision on his own in April, but was rejected again. Social Security said he should not have been paid in any given month when he had more than $2,000 in his bank account. The man was aware of the rule, but also thought student loan payments were exempt. He was right. The only months he had more than $2,000 was when he’d received a student loan payment.
“He knew the rules,” Jacob said. “He provided all the information required and he still lost.”
Although he had provided all the relevant information, Social Security said they couldn’t determine the timing and amounts of the payments. A second appeal would have to go to an administrative law judge, which could take many months. That would have played havoc with the man’s plans for his future. He wanted to sell his house by the end of June so he could move to go to graduate school. Reviewing the case, Jacob realized Social Security had not given the man a face-to-face meeting, as regulation required.
“They made the decision before doing all the due process,” Jacob said.
Jacob successfully argued that the case should stay in the local Social Security office, avoiding lengthy delays. A personal conference was scheduled in May, which Jacob attended with his client. But it wasn’t over yet. Although Social Security restarted the man’s $733-a-month benefit, it said it would deduct money for the overpayment, which should never have been imposed. Jacob was able to deal with that problem with a phone call. Social Security agreed that the man owed nothing.
Getting justice for a client doesn’t have to mean filing a lawsuit and fighting it out in court. A recent case provides an example of what AIDS Law Project Staff Attorney Adrian M. Lowe calls preventative lawyering.
The AIDS Law Project recently helped a woman whose life was in turmoil when she contacted us. Her husband had become seriously ill and was admitted to a hospital, where he was diagnosed with AIDS. Soon after, she tested HIV positive. The woman had worked for a small, family-owned business for two decades. She loved her job and considered her boss a major source of support, so she shared her diagnosis.
Although initially supportive, that soon changed. A few days after her disclosure, her boss told her she would have to tell all the other employees about her diagnosis for insurance liability reasons. If she didn’t, he said, he would fire her. She didn’t want to tell her coworkers – at that point she had only told two close friends. But she also didn’t want to antagonize her employer or lose her job.
Her doctor referred her to the AIDS Law Project, where she spoke with Lowe and Executive Director Ronda B. Goldfein.
“She felt cornered,” Adrian said. “Everything was piling up against her.”
Ronda and Adrian reassured her that there was no legal obligation to disclose, and that she could take legal action if she was fired because of her HIV. With their client clear on her legal rights, the three strategized about how to maintain her right to privacy while avoiding a confrontation with her boss.
Clearly, her boss needed to be educated about how universal precautions prevent a risk of transmission in the workplace. They decided that message was better coming from a doctor, rather than getting an intimidating call from a lawyer. The woman asked her boss to contact her doctor, which he did. After learning about the facts about HIV, her boss said she did not have to inform her coworkers. Instead, he organized an all-staff training on workplace safety, including universal precautions. The training did not single out the woman or HIV in any way.
“We’re always happy to get a good outcome without subjecting the client to the trauma of litigation,” Ronda said. “Contrary to what you see on television, lawsuits aren’t fun for anyone.”
The 64-year-old man was losing weight at a dangerous rate, a consequence of his HIV, a diagnosis he received in 1992. He was often overwhelmed with malaise. Fatigue was a constant companion.
“It affected every area of his life,” said Adrian M. Lowe, a staff attorney at the AIDS Law Project.
His doctor hoped a liquid nutritional supplement would remedy the decline and wrote him a prescription for three cans a day. He took the prescription to the specialty pharmacy he used, assuming his insurance would cover it. He had Medicare and Medicaid. He had Medicare because of his work history, and Medicaid through the Medical Assistance for Worker’s with a Disability (MAWD) because he had a small part-time job. Then he got the bad news. His insurance refused to pay for it. His only income was Social Security Disability Insurance. There was no way he could pay for the supplement on his own.
“He was discouraged,” Adrian said. “He had thought it would be covered.”
After the man came to the AIDS Law Project in December 2015, Adrian set about figuring out what to do. He learned that Medicaid does in fact cover nutritional supplements, but requires prior authorization, which the client had not obtained. The medical need must be documented to obtain prior authorization, so Adrian worked with his client’s doctor and nutritionist to assemble all the necessary medical records, a lengthy process. Adrian was finally able to apply for prior authorization in May and in July the state Office of Medical Assistance Programs approved it.
“He was grateful that he finally got what his doctor had prescribed.” Adrian said. “No one should have to wait that long to get something as basic as nutritional supplements.”
It was on her first day in her new rented house, after the frenzy of moving in, that the woman noticed the horrendous smell.
“It was horrible,” she said. “It was turning my stomach.”
The woman had hoped her new home would bring some peace to her life after a period of instability. It wasn’t shaping up that way. The smell was so bad and pervasive that she said it triggered a panic attack and she had to go to the hospital. She never spent a single night in the house, instead seeking shelter with family.
As she later investigated the source of the smell, she went to the basement, which she had not been able to inspect before she moved in. She found more than a foot of water. She notified the landlord, who took almost a week to have the basement cleaned. By that point the woman decided she’d had enough and notified the landlord she just wanted her money back so she could find a new place. The landlord never responded, so she contacted the AIDS Law Project.
Despite repeated efforts over several months by Malissa L. Durham, an Equal Justice Works Fellow at the AIDS Law Project, the landlord never responded. While researching the case in landlord tenant court, Malissa saw that the landlord had filed an eviction notice against her client. The landlord knew she had never stayed at the house, but still posted the eviction notice and court date on the front door. With the woman not at the hearing to defend herself, the judge granted the eviction and back rent to the landlord.
Malissa was eventually able to get a new eviction hearing, where the judge reversed the original order. Then Malissa successfully sued on her client’s behalf in small claims court to get her security deposit back. The landlord didn’t pay within 30 days, as required by law, so the woman was able to collect double the judgment, about $1,900.
“The AIDS Law Project was the first place I called,” she said. “If I’d done it on my own, I may not have gotten anything back.”
A Montgomery County hospital has agreed to pay $25,000 to settle a claim brought by the AIDS Law Project of Pennsylvania on behalf of a woman who said she was denied medical treatment because she is HIV positive.
The woman alleged that in 2013 she was turned away from Mercy Suburban Hospital’s bariatric facility after she reported during the intake process that she has HIV.
On the recommendation of her primary care doctor, the woman was seeking bariatric surgery. After learning she had HIV, a doctor who had been scheduled to meet with her told a nurse to inform her he could not do the surgery because she was HIV positive, according to the Justice Department’s investigation.
The doctor never examined the woman or reviewed her past medical records.
The AIDS Law Project filed a complaint with the U.S. Department of Justice alleging that the hospital violated the Americans with Disabilities Act.
The department pursued the complaint and on Oct. 5 announced that the hospital had agreed to pay the woman $20,000 in damages as well as a $5,000 civil penalty to the United States. Mercy also agreed to implement a non-discrimination policy, advertise the policy and train employees and contractors to abide by it. Although Mercy settled the complaint, it denied liability.
AIDS Law Project Executive Director Ronda B. Goldfein and Staff Attorney Adrian M. Lowe represented the woman. Assistant United States Attorney Jacqueline C. Romero investigated the case.
The settlement agreement can be found here.
The man loved his work. His job was his identity.
At age 39, he was proud of the fact that he had worked steadily since he was 14. For those in his immediate circles, work was often intermittent and hard to come by. He was always “that guy who works.”
Furthermore, he believed his work at a residential facility for troubled youth was providing an invaluable service.
“He believed in work,” said Adrian M. Lowe, Esq., a staff attorney for the AIDS Law Project of Pennsylvania. “He liked helping young people get back on track.”
His life nose-dived the moment his employer found out he had HIV. First he was suspended. Then he was fired.
“They said, ‘We’re sorry to see you go, but state law says you can’t work here because you have an infectious disease,’” Adrian said.
“He kind of fell apart,” recalled Ronda B. Goldfein, Esq., executive director of the AIDS Law Project. “His work gave him meaning. It gave him context to his life. All of a sudden he feels he has no life and no future.”
The man knew about the AIDS Law Project from his social work, so gave us a call.
Unfortunately, it is a battle we have had to fight many times during the years. About 30 state licensing boards require workers to be free of infectious, contagious or communicable diseases. Some employers assumed that applied to HIV, which simply was not the case because it is not transmitted through casual contact in the workplace.
The AIDS Law Project led an initiative to clarify the law, and in 2011 the state issued new guidelines explicitly excluding diseases such as HIV.
By firing the man, the employer wound up on the wrong side of federal and state anti-discrimination law.
Part of our mission is to educate people, including employers, on all aspects of the law regarding HIV and AIDS. Our efforts appear to be bearing fruit.
When we contacted the employer’s lawyers, they quickly acknowledged that our client had been fired based on faulty advice about the law.
Our client, who had been out of work for about 26 weeks, got his job back in October, as well as back pay and compensatory damages.
And his identity and dignity were restored.
“He’s glad to be reclaiming who he was,” Ronda said. “He’s back on track.”
The 52-year-old woman was scheduled to move in March 1, but the apartment was full of trash and unlivable.
She finally moved in March 10, only to find a host of other problems. The apartment was infested with ants, roaches and bed bugs. There was mold in bathroom, the bathroom and kitchen sinks flooded and the toilet often backed up.
Those conditions would have been tough for anyone to tolerate, but the woman also had an anxiety disorder, which made her situation unbearable, said Jennifer Collins, Esq., the housing attorney for the AIDS Law Project.
“To have this chaos where she lived, it was incredibly stressful,” Jennifer said. “There were lots of tears.”
The woman had gone to a meeting of a tenant’s rights non-profit, where she was advised to write to the landlord and threaten to withhold the rent. When the problem weren’t fixed she started putting her rent in escrow, so she could prove later she intended to pay it.
That was the right thing to do, but by the time she came to the AIDS Law Project the situation had spiraled beyond her control and understanding.
The woman received a housing subsidy for people with AIDS that is administered by a local non-profit agency. The landlord told the agency the woman had stopped paying rent – without mentioning the letter she had sent. The agency, believing she had violated the terms of the subsidy, terminated it. . Without the subsidy, the woman whose sole income was $750 a month in Social Security, could not afford the apartment.
The landlord also filed an eviction action in Municipal Court demanding $3,293 in back rent.
Our housing paralegal Michael Gluk, supervised by Jennifer, took on the case.
“Every time she called she was very distressed,” Michael said. “She would often call in tears.”
Michael reassured her that he would help her through the complicated process.
Michael appealed the housing subsidy loss with the city’s Office of Housing and Community Development (OHCD).He worked with the non-profit agency to resolve the conflict. The OHCD ordered the agency to continue the subsidy until the appeal hearing.
Michael advised his client to contact the city’s Licenses and Inspections department and request that they visit the apartment to document the conditions. Armed with the L & I report, Jennifer successfully represented the client at the eviction hearing. The eviction was denied and the landlord agreed to fix all the problems with the apartment.
With the denial of the eviction complaint to bolster him, Michael successfully represented the woman at his first OHCD hearing. Her housing subsidy was restored, giving the woman a sense of security and a safe, clean home.
“It felt good to be able to help her,” Michael said.
Many migrants who come to the United States from Mexico are seeking economic opportunities and a better way of life.
Some have additional reasons, such as a man Yolanda French Lollis, Esq., the AIDS Law Project’s managing attorney, has represented periodically for about 15 years.
“He wanted a better life for himself as a gay man,” Yolanda said. “It was difficult being openly gay in Mexico.”
He came to this country in the 1990s on a tourist visa, eventually staying in a Pennsylvania city. One night in 1996 he was walking down the street when he was jumped by a stranger, dragged into a building and raped.
“He was traumatized and humiliated by the experience,” Yolanda said. “He had anxiety, despair, he couldn’t trust anybody.”
It got even worse.
After the violent assault he was diagnosed with HIV. Despite fearing homophobia in Mexico, he returned to his country because his tourist visa was expiring. Going back also put his health at risk. His doctor said the HIV treatment he was getting here was probably unavailable in Mexico.
“Borders determine a lot of things,” Yolanda said. “People on one side of the border get health care. People on the other side don’t.”
He was able to get another temporary visa in 2000. The AIDS Law Project helped him get that visa extended, but eventually he returned to Mexico as that visa was expiring.
Unable to get a new visa in Mexico, the man made the decision in 2005 to undertake the dangerous journey to cross the border into the US.
He came to us again in 2011, seeking to stay in the country with appropriate documentation. As he had been the victim of a rape in the US, Yolanda knew he could be eligible for a U Visa, a nonimmigrant visa for people who have been the victims of crime, suffered substantial physical or mental abuse and are willing to help law enforcement in the investigation of the crime.
Although the man met those criteria, he had another tough hurdle to clear.
Because he entered the US without permission, he was ineligible for the U visa without a waiver. Yolanda successfully argued that he deserved a waiver because of his personal circumstances and his many contributions to his community.
Although many undocumented immigrants live in the shadows, the man was immersed in community life. He was an activist, focusing on health care, civil rights and immigrant issues. Among other things, he had spoken to medical students about Latino cultural differences and worked with the local police on racial profiling issues.
“The list goes on and on.” Yolanda said. “It’s just incredible.”
Our case file for him is thick with letters of support from community members describing the contributions he has made.
In 2013, we were notified that our client was eligible for a U Visa, but that wasn’t the end of it. There is a limit on the number of U Visas that can be issued in a year and the cap had been reached for 2013.
Finally, in October he was granted his U Visa. In three years he can apply for a permanent resident visa, or green card.
“He is a great advocate for himself and other people,” Yolanda said. “For him, it’s all about health care.”
It had been a long and often painful journey for the woman who fled her abusive husband in the 1990s.
The final straw was when he cut her with a knife and threatened her baby.
Mother and child moved into a shelter, and then began rebuilding their lives. They overcame struggles to get health care and housing.
Now her 18-year-old son, on the brink of going to college, wanted to make a change in his own life. All these years he had carried his abusive father’s last name. Now he wanted to be rid of it. He wanted a new last name.
The AIDS Law Project had represented the family numerous times in the past, so the son turned to us for help.
At 18, it was easier for him to change his name than when he was a minor. For one, he didn’t need parental permission. He had no contact with his father and didn’t want any.
“He wanted peace of mind and closure,” said Malissa L. Durham, J.D., an Equal Justice Works Fellow, sponsored by the Norflet Progress Fund at the AIDS Law Project. “His legal name tied him to his father.”
Legally changing your name is a relatively simple procedure, but the circumstances of the case required additional precautions that Malissa and Staff Attorney Juan Baez, Esq. needed to address.
The trauma of domestic violence had created a fear that remained with the family.
“He didn’t want his father, or anyone in his father’s family, to find out where he lived,” Juan said.
Along with the name change, Juan and Malissa secured a waiver of publication of the decision and got the record sealed.
Not long after our client turned 18, he got his new name.
“Severing ties with his father was the best birthday present he could get,” Juan said.
A health care worker visited his home last year to perform wound care. During the visit the worker told his uncle to keep the children in the household away from him because he had HIV.
The warning about casual contact demonstrated a disturbing lack of accurate information about HIV transmission. It also clearly violated state and federal confidentiality laws.
The team of Staff Attorney Adrian Lowe and Executive Director Ronda Goldfein contacted the home health care company about the incident. Thankfully, the company accepted responsibility and agreed to pay our client $15,000. Equally important, the company agreed to implement HIV transmission and confidentiality training for its staff.
Both HIV and immigration law are extraordinarily complicated and ever evolving. The intersection of the two can be impossible for many people to comprehend. Way back in 2000, a woman who had moved to the Philadelphia area from Liberia with her four young children contacted us. They were allowed to enter the country in 1996 to be reunited with their husband and father, who had been granted political asylum.
When her husband became ill and died, the family’s future turned uncertain. Through the vagaries of immigration law, they were no longer eligible for asylum through him and had to apply on their own behalf.
Managing Attorney Yolanda French Lollis helped the mother and four children finally get asylum in 2006, which allowed them to apply for a green card.
The children were granted green cards, but the mother, who had HIV, faced numerous hurdles. Although an HIV waiver existed at the time, an applicant had to be healthy to get it and she was too sick to qualify.
Despite the obstacles, we continued to fight for the family. A combination of the mother’s improving health and changes in immigration law concerning HIV eventually allowed us to help her apply for a green card.
It was granted in December. Throughout the ordeal her children thrived in their new country. All four have graduated from college.
“She said, ‘Thank you for not giving up on me,’” Lollis said.
A client had been denied Supplemental Security Income, or SSI, because her local Social Security Administration office in rural Pennsylvania kept miscalculating her finances. Our lawyer went to a hearing before an administrative law judge, where he methodically did the math, explaining why the woman was entitled to SSI. The judge agreed, granting the woman back payments for the SSI she had been denied and allowed her to get new payments.
A client came to us with a whopping overpayment of $136,000 in Social Security disability payments; SSA said he shouldn’t have received any disability payments because he was “working” at the time. He received a modest stipend over several years while studying for a university degree. We argued the stipend wasn’t tied to any requirements, such as teaching, so it can’t be counted as work. Social Security agreed with her, significantly reducing the overpayment demand.
Two of our clients were in a Philadelphia hospital that offers psychiatric treatment and drug and alcohol rehabilitation. They discovered that their names were on a list of patients with HIV that was left in the open, violating their confidentiality. They soon became pariahs on their floor, so much so that one of the clients was shunned in a group hug at the end of a counseling session. We sued the hospital, eventually getting a financial settlement for each client. More importantly, the hospital was reminded that patients deserve the peace of mind that their private information will be protected, especially when there are enough challenges to seeking and getting help with mental health, substance abuse and HIV-related issues.
A client who lives in public housing came to us with an eviction notice after being unable to pay her rent as a result of illness – first her child’s, then hers. She was a couple of days away from a lockout and we knew we had to move fast. After an understanding of the woman’s circumstances, and a recalculating of the rent based on her lack of employment, the client and her two young children were able to remain in their home. At last contact, the woman was on the mend and ready to resume working.
A mentally-ill client had been refused Social Security disability, which provides income to people whose disability prevents them from working. We pieced together the facts necessary to mount an appeal. Among evidence that had been ignored, we discovered the man had attempted suicide several times and had mutilated parts of his body. A judge eventually ruled in favor of the client, even repeating much of our brief in his decision. Finally, the client was scheduled to start receiving the much-needed disability checks that had been wrongly denied to him.
A client who is an HIV-positive single mother of four was fired from her job at a snack-food manufacturer after her supervisors found out her status. After a 4-year-long legal struggle, the company and the national staffing agency that placed her in the job agreed to settle discrimination claims out of court. Just as importantly, the staffing agency also agreed to distribute posters to all the food-service businesses it places workers at, reminding them that federal and state law prohibits discrimination against workers with HIV, and that HIV/AIDS is not on the list of diseases that can be transmitted through food handling.
A client called us seeking permanency-planning help for her two boys, aged 8 and 10. Pennsylvania’s Standby Guardianship law, which the AIDS Law Project authored, assists terminally ill parents make arrangements for the future care of their children. We made an emergency visit to the hospital and later went to court, ensuring that the boys were placed with their great-uncle after her death, in accordance with the client’s wishes.
A client who was fighting cancer came to us after getting a foreclosure notice on the Philadelphia home he lives in with his partner, one he grew up in and inherited from his mother. We negotiated with the mortgage company, which agreed on terms the client was able to meet. With the stress of losing his home off his mind, he focused on his health – and is now cancer-free.
A client who is a low-wage worker and speaks little English learned he was entitled to a significant tax refund. Then he received word that there was a problem with his return. At one point, the IRS was even claiming he owed money. We were able to show that the client was entitled to the tax deductions he claimed and to the refund.
A client was in danger of being thrown out of his apartment because he had three “rescue” cats and his building had a one-pet policy. We learned the client suffers from HIV-related depression. We showed that the cats were actually therapeutic, making their presence a “reasonable accommodation” under disability laws.
A client’s food stamp benefits were cut nearly in half without clear explanation. She visited her local welfare office, which offered little help. We reviewed the case, finding that state welfare officials had failed to consider the client’s housing subsidy, which made it seem she had more money than she really did. Because of our work, her benefits were restored.
Launching Case Closed
In an effort to more fully explain our work, we will issue periodic reports on our activity.