PARENTS OF SIX SEVERELY DISABLED CHILDREN RECEIVE SIX-FIGURE SETTLEMENT FROM CALIFORNIA DEPARTMENT OF SOCIAL SERVICES

Horvitz & Levy Represents Parents Challenging Administrative Rulings Denying Retroactive Benefits

Los Angeles -- The adoptive parents of six severely disabled children received a six-figure settlement from the California Department of Social Services after they challenged an administrative ruling denying retroactive benefits for the years the Los Angeles County Department of Children and Family Services had underpaid foster and adoptive support. The County acknowledged that for nearly a decade it had miscalculated the amounts the adoptive parents, Donna and James Durando, should have received. The County agreed to increase the amounts going forward, but refused to make up the difference for prior years. An administrative law judge upheld the County's denial. Horvitz & Levy, working with Public Counsel, the country's largest pro bono law firm, represented the parents in their appeal. Lisa Jaskol, a partner with Horvitz & Levy and Patricia Lofton, an associate worked on the case.

The Durandos fostered and adopted 12 children, seven of whom are disabled. Foster and adoptive parents are entitled to public benefits to care for disabled children, but for years the County paid the Durandos far lower benefits than they should have received. In 2003, Public Counsel discovered the underpayments and brought suit on the Durandos' behalf. The County acknowledged that its prior payments were deficient, but refused to correct the errors retroactively. In a state hearing, an administrative law judge upheld the denial, ruling the Durandos had not made timely objections to the benefit amounts.

Responding to a request for assistance by Public Counsel, Horvitz & Levy filed six petitions for administrative writ of mandamus and a legal brief in Los Angeles Superior Court on the Durandos' behalf. After reviewing the filings, the California Attorney General's office agreed to settle all six cases.

Press reports on the settlement of this case have appeared thus far in the Los Angeles Times, Los Angeles Daily News, and the Associated Press.

If you have any questions about this case, feel free to contact Lisa or Patricia by e-mail (ljaskol@horvitzlevy.com or plofton@horvitzlevy.com) or by phone, (818) 995-0800.

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