HEALTH
The Health program ensures those living with health and mental health issues can receive free legal advice and representation. This includes helping disabled individuals to receive the public benefits they are entitled to, providing legal help to those experiencing homelessness, and advocating for the rights of those experiencing acute mental health crises.
Disability Benefits Support Economic Stability
Appealing an unfair denial of health benefits can be frustrating and complicated. We stepped in when 57-year-old Christopher contacted the Law Foundation after being denied Social Security Disability Insurance (SSDI).
Christopher was diagnosed with a chronic heart condition for which he received disability benefits. Social Security terminated his SSDI benefits after he missed one meeting where his benefits eligibility was being reviewed. Our attorney helped Christopher appeal his termination of benefits by explaining that the review meeting was missed for a valid reason that was beyond his control. We represented him at the appeal hearing and he received a full reinstatement of benefits, providing much needed financial stability so that Christopher could meet his basic needs.
About one out of every four young workers today will find themselves disabled in their lifetime. Following years of work, people may no longer be able to support themselves due to a long-lasting medical impairment. Obtaining disability benefits can mean increased economic stability, improved health, and a better quality of life, particularly for low-income individuals like those we serve.
In the spotlight!
Supervising Attorney Rachel Miño attends a Public Health Resource Fair outreach event
Rebecca Basson, patients’ rights lead attorney, gave a quote as a patients’ rights expert in the San Jose Mercury News.
Willing Choice to Receive Psychiatric Care
Cheryl, a young Black woman, was involuntarily placed in a psychiatric hospital for fourteen days as she was considered a danger to herself. She had three prior inpatient hospitalizations and had not reliably taken her required medication in the past, so doctors did not want to risk making her psychiatric stay one that was voluntary.
Santa Clara County is the only county in California to offer involuntary psychiatric patients a hearing to assess if they would willingly agree to psychiatric care. Growing up, Cheryl’s family did not believe in getting medical help for their health problems. And so, in the past, neither had she.
But this hospitalization changed her perspective and she was ready to commit herself to mental health treatment—just not on an involuntary basis. When she requested a hearing, our patients’ rights advocate stepped in to represent her and support her choice. Our attorney coordinated with Cheryl’s family, who supported her and requested that her stay be made voluntary, but this request was denied. So our advocate represented Cheryl in a voluntariness hearing to fight for her voice to be heard in her own healthcare matter. After compelling testimony, the hearing officer agreed with the request and Cheryl’s psychiatric hold was changed from involuntary to voluntary. She was willing and able to accept treatment for her psychiatric issues, a decision she was grateful to be able to make with the support of her legal advocates.
Legal representation in involuntary psychiatric holds provides crucial due process for individuals experiencing mental health crises. It ensures fair treatment, protects rights, and prevents abuse of power. Our Health team works to address disparities in mental health access. We also educate communities, empowering individuals to understand their rights.
Empowering Cultural Identity: A Journey of Name Restoration
A 64-year-old Indigenous man named Mato met our team at a local clinic. He was seeking assistance to change his last name to be corrected to the traditional spelling of the Indigenous name. Our names hold meaning and have cultural significance. Sometimes, these names are changed through a lack of understanding or disregard for cultural nuances.
We worked with Mato to file court paperwork for his name change and obtain a fee waiver to avoid more than $400 in court fees. Our team worked to ensure that the name change court decree was successfully granted. Mato now feels empowered in his identity and is proud to represent his traditional heritage on all legal documents moving forward.
The Law Foundation, through its Medical-Legal Partnership with the Santa Clara Valley Medical Center, partners with pro bono attorneys to support clients seeking to get their name and gender marker changed on their legal identification documents. Often this is to help transgender clients have identification that matches their preferred name and gender markers. But sometimes it may be to further racial equity for the clients we serve.