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Despite the ruling in Day, there are strategies that advocates representing those suffering unreasonable delays under the social security appeals system may pursue. Day specifically upheld injunctive relief for individuals (as opposed to classes) who claimed unreasonable delays. In addition, there are non-litigation strategies for helping clients who do not receive a hearing within a reasonable time.“

Finally, there has been subsequent litigation in many of the cases brought as class actions prior to Day requesting alternate relief other than mandatory deadlines, such as notice to class members of their rights to a hearing within a reasonable time and reporting by the Secretary of the delay situation. Currently, there is a conflict in the circuits on whether class relief for delay is possible after Day.

In Barnett v. Bowen,” the Second Circuit ruled that alternate class relief was appropriate in delay cases and endorsed notice relief letting class members know of their right to a reasonably prompt hearing. Such relief was also provided in Sharpe v. Harriso and Martinez v. Heckler.? Since these two decisions were rendered, the Barnett court, on remand, has

ordered HHS to send two notices to class members; one notice is of the right to a hearing within a reasonable time at the time a claimant requests a hearing, and the other notice is an individualized notice, which is sent every 90 days to everyone on the caseload whose hearing request has been pending for 90 days without scheduling. This second notice must explain why no hearing has been scheduled.

On the other hand, in Crosby v. SSA, 8 the First Circuit has ruled that alternate class relief is not proper after Day. The same issue is pending in the Sixth Circuit in Blankenship v. Secretary.

For further information regarding delays, contact the Center on Social Welfare Policy and Law. (Editors' Note: Readers interested in this issue should also read Linden, Delays in Processing Benefits to Disability Claimants, 21 Clearinghouse Rev. 357 (Aug./Sept. 1987).)

Sherry Leiwant Center on Social Welfare Policy and Law

95 Madison Ave., Room 701 New York, NY 10016-7842

(212) 679-3709

4. See Hasen, Delay in the Social Security Appeals Process: The

Potential for Individual Litigation After Heckler v. Day, 20

CLEARINGHOUSE Rev. 523 (Aug./Sept. 1986). 5. Barnett v. Bowen, 794 F2d 17 (2d Cir. 1986). 6. Sharpe v. Harris, 79 Civ. 1977 (S.D.N.Y. Sept. 30, 1985). 7. Martinez v. Heckler, 73 Civ. 900 (E.D.N.Y. May 28, 1985).

8. Crosby v. SSA, 796 F.2d 576 (1st Cir. 1986).
9. Blankenship v. Secretary, No. 86-6240 (6th Cir. filed 1987) (Clear-

inghouse No. 15,795).

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An Aid to Defending Hospital Collection Cases

Alan A. Alop has written a practical guide designed to acquaint attorneys with defenses and claims available in hospital collection cases. Defending Hospital Collection Cases: A Practical Guide contains pleadings and strategy suggestions, and discusses in "litigation” format matters such as motions to dismiss, answers, affirmative defenses, counterclaims, third-party complaints, claims against public aid, summary judgment, trial, judgment, post-judgment, and bankruptcy. This 199-page book is available from the Clearinghouse, No. 42,590, free to LSC grantees, and for $20 to all others.

JOB MARKET

POSITIONS AVAILABLE IN LEGAL SERVICES PROGRAMS AND PUBLIC INTEREST LAW

To have positions announced in the Job Market, please submit double-spaced copy, by the first of the month to appear in the following month's issue. Rates are as follows: 25€ per word with a $10 minimum. All ads must be prepaid. Make checks payable to the National Clearinghouse for Legal Services, Inc." Send your job opportunities to: Pai Gordon, Secretary, National Clearinghouse for Legal Services, Inc., 407 S. Dearborn, Suite 400, Chicago IL 60605.

Advertisers in the Review are equal employment opportunity, affirmative action employers.

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experience required and expertise in housing litigation preferred.

Opening/Closing Date: Immediate opening; closed when filled.

Salary/Benefits: D.O.E.; excellent fringe benefits.

Applications: Send resume and writing sample

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to:

William P. Wilen
Legal Assistance Foundation of Chicago

343 S. Dearborn, Suite 700 Chicago, IL 60604, (312) 341-1070

CaliforniaStaff Attorney

Illinois-Experienced Attorneys,

Housing Attorney,
Position: Fresno-Merced Counties Legal Ser- Staff Attorney, and Supervisory
vices (FMCLS) invites applications for the po-

Attorneys
sition of Staff Attorney.

Program Description: Legal Assistance Foun-
Responsibilities: FMCLS is organized into teams

dation of Chicago (LAFC) is funded primarily
of legal workers; each team focuses upon a

by the Legal Services Corporation to provide particular set of substantive issues. Litigation is

high-quality legal services in the City of Chicago. emphasized, as well as collaborative lawyering

LAFC has approximately 85 attorneys, 20 and innovative problem solving.

paralegals, and 50 other support personnel. LAFC

has an experienced staff of talented attorneys Qualifications: Recent admittees and experi

and other staff, provides excellent training and enced attorneys are encouraged to apply; Cali

litigation experience, and also opportunities for fornia admission is strongly preferred; bilingual advancement. LAFC operates 6 neighborhood in Spanish and Southeast Asian languages

offices and I central office in downtown Chicago. preferred.

Approximately 50 attomeys are located in neigh

borhood offices and 30 in the central office. Opening/Closing Date: Open until filled.

There are specialist attorneys in all fields affect

ing the poor. The largest minority groups in the Salary: D.O.E.

City of Chicago that are served by LAFC are

black and Hispanic.
Applications: Send resume to:

Positions: Experienced Attorneys.
Marc Feldman, Executive Director
Fresno-Merced Counties Legal Services

Responsibilities: Will be responsible for gener-
906 N St., Suite 125

al civil caseload, including service work, comFresno, CA 93721, (209) 441-1611

plex litigation, appellate work, and community

legal education; experienced attorneys will be Women, minorities, and the disabled are en

expected to co-counsel cases with younger couraged to apply.

attorneys.

Position: Staff Attorney, Employment Unitgeneral office.

Responsibilities: To provide legal advice and representation for clients in accordance with LAFC priorities; to co-counsel cases with neighborhood attorneys; to be primarily responsible for major litigation; to engage in legislative and administrative advocacy; to engage in community legal education activities in the employment and unemployment fields.

Qualifications: Knowledge of unemployment insurance and employment discrimination law; excellent writing and advocacy skills; general litigation skills, including federal litigation experience; excellent interpersonal skills.

Opening/Closing Date: Continuous recruitment until the position is filled.

Qualifications: Excellent writing, negotiating,
and advocacy skills; general litigation skills,
including federal litigation experience; excellent
interpersonal skills; ability to manage a mixed
caseload of individual matters and complex liti-
gation; must be member of Illinois bar or mem-
ber of another state bar and must take the next
Illinois state bar exam given.

Salary: $23,500-$39,250 through March 31, 1988; commensurate with experience.

California-Staff Attorney

Applications: Send resume, writing samples, and references with telephone numbers to:

Position: Staff Attorney, Monterey County Le-
gal Services Corporation, a mixed-model program.

Opening/Closing Date: Please send applica-
tions by October 15, 1987; continuous recruit-
ment until positions are filled.

Responsibilities: Intake and co-counseling in
Judicare component; some direct representation
in domestic violence cases; back-up of Director
in administration of program.

Jeffrey Gilbert, Supervisory Attorney Legal Assistance Foundation of Chicago

343 S. Dearborn, Suite 700 Chicago, IL 60604, (312) 341-1070

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Qualifications: Minimum 2 years experience in
family and landlord-tenant law practice in Cali-
fornia; Spanish-speaking preferred; additional
experience in public benefits cases desirable.

Applications: Send resume, writing samples,
and references with telephone numbers to:

Office Description: The 18th Street office serves a primarily Hispanic (Mexican-American) community. The office represents clients in all areas of civil representation except divorces, tort defense, and bankruptcy. The services provided include impact litigation, individual cases, and administrative representation.

James O. Lattumer, Deputy Director
Legal Assistance Foundation of Chicago

343 S. Dearborn, Suite 700

Chicago, IL 60604

Opening/Closing Date: Open until filled.

Salary/Benefits: $24,000+ D.O.E.; excellent
benefits.

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Brian D. Lenard
Southeast Louisiana Legal Services Corp.

P.O. Box Drawer 2867
Hammond, LA 70404, (504) 345-2130

Maryland Staff Attorney

Position: Staff Attorney.

for major litigation and to assist, co-counsel, and train younger attorneys.

Illinois Senior Attorney/Litigation Qualifications: Broad knowledge of laws af

Director fecting the poor; excellent writing and advocacy skills; general litigation skills, including federal Position: Senior Attorney/Litigation Director, litigation experience; excellent interpersonal skills; Cook County Legal Assistance Foundation and ability to manage the administrative opera- (CCLAF). tions of office.

Responsibilities: Supervise CCLAF's legal work Opening/Closing Date: Please send applica- product; responsible for development and imtions by October 7, 1987; continuous recruit- plementation of legal work systems and training ment until the position is filled.

of casehandling staff; supervise and undertake

major litigation; monitor compliance with ethiSalary: $28,850 to over $40,000; commensu- cal codes and regulations imposed by the Legal rate with experience.

Services Corporation and other funding sources;

assist Executive Director in managing agency, Applications: Send resume, writing samples, including labor contract compliance. and references with telephone numbers to:

Qualifications: Applicants must be licensed to James O. Latturner, Deputy Director practice in Illinois and federal courts, or eligiLegal Assistance Foundation of Chicago ble for admission by reciprocity, and must have 343 S. Dearborn, Suite 700

at least 5 years legal experience with federal Chicago, IL 60604, (312) 341-1070 and appellate experience. Applicants must be

sensitive to problems of low-income individuals Position: Supervisory Attorney position, Legal and possess a commitment to providing legal Center for Immigrants.

services to the poor.

Responsibilities: Maintain varied caseload of legal problems related to the clients' disability, including mental health advocacy, special education, juvenile court abuse and neglect proceedings, adult guardianships, abuse and neglect of institutionalized and noninstitutionalized mentally retarded persons, and public benefits.

Qualifications: Demonstrated commitment to serving the needs of disabled and disadvantaged people; willingness to live and work in a rural

area.

Opening Closing Date: Open until filled.

Salary: $20,300 + D.O.E.

Applications: Send resume to:

Walt McQuie, Managing Attorney
Maryland Disability Law Center, Inc.

P.O. Box 924
Cambridge, MD 21613, (301) 228-3810

TTY (301) 228-3813

Responsibilities: Supervising work of Legal Opening/Closing Date: Open until filled.
Center for Immigrants, including 2 staff attor-
neys and 1 paralegal; to provide legal advice Salary/Benefits: $30,000+ depending on ex-
and representation for clients with immigration perience; liberal fringe benefits.
problems in accordance with LAFC priorities;
to co-counsel cases with staff attorneys; to be Applications: Send resume to:
primarily responsible for major litigation; to
engage in community legal education activities Ellen L. Johnson, Executive Director
in the immigration field.

Cook County Legal Assistance Foundation, Inc.

1146 Westgate, Suite 200 Qualifications: Knowledge of federal immigra- Oak Park, IL 60301, (312) 524-2600 tion laws; excellent writing and advocacy skills; general litigation skills, including federal litigation experience; excellent interpersonal skills; must be member of Illinois bar or member of another state bar and must take the next Illinois state bar exam given; must have at least 4 years Louisiana Director of State Support of legal experience; fluency in Spanish is essential.

Michigan-Executive Director and

Staff Attorney

Position: Michigan Indian Legal Services (MILS), an LSC-funded, nonprofit legal services program located in Traverse City, Michigan, assisting Native Americans, is seeking an Executive Director and a Staff Attorney.

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Applications: Send resume, writing samples, Responsibilities: Day-to-day administration, proand references with telephone numbers to:

gram development, and supervision of state

support program. Robert Lehrer, Deputy Director Legal Assistance Foundation of Chicago

Qualifications: Law degree strongly preferred 343 S. Dearborn, Suite 700

(or other advanced degree); 3 years experience Chicago, IL 60604, (312) 341-1070 in poverty law or program management; ability

to provide new vision to program. Minorities, women, and the handicapped are encouraged to apply.

Closing Date: When filled.

Qualifications: MILS seeks an experienced attorney for the Staff Attorney position. A demonstrated commitment to the needs of lowincome individuals and familiarity with the body of law relating to Native Americans is highly desirable. Applicants for the position of Executive Director should be familiar with Native American law and have demonstrated legal and supervisory ability. Applicants with experience in the administration of a legal services or other nonprofit program with financial, accounting, and fundraising background are encouraged to apply

Opening/Closing Date: Open until filled.

Salary: $25,000-$36,000.

Salary/Benefits:Will be negotiated with the board of trustees based upon experience and qualifications. An employment contract will be executed. Current benefits include health, life, disa

Applications: Send resume and cover letter to:

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