David Oster et al v. Lightbourne (V.L. v. Wagner)

Judge grants preliminary injunction, stopping IHSS across-the-board cuts from going forward

Oakland, CA – Judge Claudia Wilken yesterday issued a preliminary injunction, barring the State of California from going forward with the 20% cuts in home care hours for hundreds of thousands of seniors and people with disabilities. She had previously issued a Temporary Restraining Order on December 1, stopping the cuts until the January 19 hearing. Read the complete press release here.

Update on Temporary Restraining Order stopping IHSS cuts

In response to a December 1 filing by Disability Rights California and other groups charging that the state's planned across the board 20% cuts in IHSS hours would violate federal laws, a TRO was issued by a federal judge in Oakland later that same day.

The judge ordered the state not to take any actions to cut benefits, including changing its computer system or sending out notices to people who use IHSS. The Court further ordered the State to rescind the All County Letter that authorized the reductions.

The TRO stated that this significant cut in hours would place IHSS recipients "at imminent and serious risk of harm to their health and safety as well as unnecessary and unwanted...institutionalization." The Court found that State’s proposed actions cutting benefits raise serious questions violations of due process, the ADA and federal Medicaid law. The court has set a new date of January 19 for a hearing about whether the TRO will remain in effect and if all people who would be impacted by the 20% cuts can be treated as a class.

See our press release and visit see below for the complaint, court order of TRO, court order for hearing, and press coverage.

Judge halts home care cuts

Says approach would likely violate federal law and cause “incredible human suffering” to seniors and people with disabilities who need these services.

celebrating
People with disabilities, older people, and caretakers celebrated on October 19 after the Federal District Court Judge, Claudia Wilken, issued a Temporary Restraining Order prohibiting the State from sending out notices of action regarding the In Home Supportive Services (IHSS) cuts slated for November 1. Photo: Dan Brzovic.

Oakland, October 19, 2009 -- U.S. District Court Judge Claudia Wilken ruled today that the state cannot go forward on November 1 with its planned cuts of In-Home Supportive Services (IHSS) to an estimated 130,000 Californians because of the substantial harm, damage and injury which would result. The Judge said that the state’s Functional Index rankings were clearly not based on need, that essential services could be withdrawn arbitrarily, and “people could lose something irreplaceable – the ability to remain safely in their homes.”

Therefore, she enjoined all IHSS cuts as requested by people who use IHSS and local unions, in the class action lawsuit, V.L. v Wagner.

Lead counsel Melinda Bird of Disability Rights California explains details of October 19 court victory to disability advocates, in Oakland, just outside the U.S. District Courthouse for the Northern District. The hearing was packed with consumers, advocates and plaintiffs, with at least 150 people waiting outside in the rain to hear the outcome. Photo: Michelle Garcia.
Lead counsel Melinda Bird of Disability Rights California explains details of October 19 court victory to disability advocates. At least 150 people waited outside in the rain to hear the outcome. Photo: Michelle Garcia.

The judge ruled that the plaintiffs were likely to show at trial that the cuts to services, enacted in the recent state budget, violate federal law. Approximately 40,000 low-income seniors and people with disabilities would have lost all their IHSS services, including personal care; another 90,000 would have lost such services as meal preparation, food shopping and help with laundry and housecleaning.

“We are convinced a humanitarian disaster would have resulted from the precipitous and arbitrary withdrawal of essential services approved by the legislature and the administration in the budget, and are delighted that the Court agreed with us,” stated lead counsel Melinda Bird of Disability Rights California.

“This is a big day for people with disabilities, their families and seniors throughout the state – their right to stay safely in their homes - and not be forced into nursing homes or other institutions - has been reaffirmed by the Court,” said Paula Pearlman of the Disability Rights Legal Center.

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Federal lawsuit filed to stop cuts in homecare to 130,000 Californians

Overview

David Oster, 35, of Torrance, is among those suing the state to block cuts to in-home supportive services. Oster, who is autistic and bipolar, said before his aide Julia Medina, also pictured, started helping him two years ago he was overwhelmed. Credit: Spencer Weiner/Los Angeles Times
David Oster, 35, of Torrance, is among those suing the state to block cuts to in-home supportive services. Oster, who is autistic and bipolar, said before his aide Julia Medina, also pictured, started helping him two years ago he was overwhelmed. Credit: Spencer Weiner/Los Angeles Times

Seniors, people with disabilities who rely on IHSS Services face a humanitarian disaster, say advocates. Advocates for seniors and people with disabilities today filed suit in federal court in Oakland to prevent impending cuts in the “In-Home Supportive Services” program, known as IHSS. The class action lawsuit is filed on behalf of four low-income Californians who need IHSS to remain safely at home. The plaintiffs include two children with disabilities who need special care, an 81 year old senior who needs IHSS to remain in her apartment, and a young man with autism and bi-polar disorder whose IHSS provider assists him with basic tasks.