Horvitz & Levy LLP has recently helped Public Counsel, the largest pro bono law firm in the nation, to protect the rights of six disabled children and their adoptive parents. After submitting six writ petitions and extensive briefing for the family challenging adverse administrative rulings, Horvitz & Levy obtained a substantial six-figure settlement from the State of California on their behalf.

The clients, Donna and James Durando, fostered and adopted twelve children, seven of whom are disabled. Foster and adoptive parents are entitled to public benefits to care for disabled children, but for many years the County of Los Angeles Department of Children and Family Services (the County) paid the Durandos far lower benefits than they should have received. The Durandos did not learn of these errors until June 2003, when they consulted Public Counsel.

The Durandos promptly notified the County and requested correction of the benefit amounts. The County acknowledged its prior payments were inadequate and significantly increased the amount of future monthly benefits, but refused to correct the errors retroactively to the dates the Durandos became entitled to the benefits. The Durandos requested a state hearing to challenge the County’s decision, but the administrative law judge (ALJ) upheld the County’s denial of full retroactive benefits to six of the seven disabled children.

Public Counsel then asked Horvitz & Levy to represent the Durandos on a pro bono basis in court proceedings to overturn the ALJ’s adverse decisions. Horvitz & Levy filed six petitions for administrative writ of mandate in the Los Angeles Superior Court, as well as a detailed memorandum of points and authorities. After reviewing the petitions, the California Attorney General’s office agreed to settle all six cases. The Deputy Attorney General handling the cases observed that the quality of the petitions and supporting memorandum of points and authorities was instrumental in convincing his office to settle the cases rather than seek to uphold the ALJ’s decisions. (Read the Daily Journal article about the Durando case.)

Patricia Lofton, the Horvitz & Levy attorney who took the lead in preparing the six writ petitions in the Durando matter, passed away just months after the successful settlement, following a long battle with breast cancer. (Read more about Patricia's life here.) Lisa Jaskol, the Horvitz & Levy attorney who supervised Patricia's work, had previously received Public Counsel's Outstanding Advocate Award in November 2000 for pro bono work on behalf of homeless clients. (In January 2007, Ms. Jaskol left Horvitz & Levy to join Public Counsel, where she is heading up a new appellate legal services division.)

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