Welfare

The Welfare Law Unit engages in advocacy with government agencies and the legislature and uses impact litigation to push for wide-ranging systemic improvements to policies and procedures to defend and expand safety net programs and improve access to benefits for our clients. 

The Welfare Law Unit engages in advocacy with government agencies to defend and improve access to cash assistance, SNAP food assistance, and child care financial assistance benefits. This advocacy includes documenting recurring problems and meeting with agency officials to discuss possible solutions; submitting comments to proposed state or federal regulation changes; and submitting comments regarding new or updated policies or procedures. The Welfare Law Unit’s advocacy addresses:  

  • Policies, procedures and protections related to disability, domestic violence and Limited English proficiency
  • Time limit and work requirement rules for cash assistance and SNAP
  • Rules relating to child support and cash assistance
  • Eligibility rules for immigrants
  • Excessive or improper verification demands
  • Benefit overpayment and fraud claims 

The Welfare Law Unit advocates with the Massachusetts Governor and Legislature to improve state laws governing the cash assistance and child care financial assistance programs, increase funding for these benefits, defend against program cuts and eligibility restrictions, and ensure adequate funding for welfare agency staffing. 

Key Legislative Campaigns

  • The Welfare Law Unit co-leads the Lift Our Kids Coalition, made up of over 160 supporting organizations statewide.  The Coalition seeks to improve the state’s cash assistance programs for very low-income families, older adults, and individuals with disabilities.  
    • In 2019, the Coalition succeeded in getting the Legislature to repeal the welfare family cap, a rule that denied cash assistance to children who were born after their families had previously received assistance.  
    • The Coalition advocates to raise cash assistance grant amounts so that families can meet their basic needs.  Through a series of incremental increases in the state budget starting 2021, the Coalition has so far raised maximum grant amounts by 45%.
  • The Welfare Law Unit participates in and drafted legislation for the Common Start Coalition, which seeks to increase access to affordable child care in Massachusetts.   

The Welfare Law Unit uses impact litigation to address systemic wrongs by the welfare agency.  Past litigation includes addressing issues such as immigrant eligibility, food stamp application rights, rights of individuals with limited English proficiency, and the TAFDC work requirement.  

In 2007, the Welfare Law Unit filed a federal statewide class action lawsuit under the Americans with Disabilities Act.  The lawsuit (Harper v. Department of Transitional Assistance) included two key claims:

  • That the state welfare agency operated its programs in ways that screened out people with disabilities; and
  • That the state welfare agency did not have systems, policies and procedures in place to consistently provide reasonable accommodations to clients with disabilities.

The lawsuit resulted in a sweeping settlement that changed many aspects of how the state welfare agency operates its programs and has improved access in many important ways.  The Welfare Law Unit continues to work closely with the state welfare agency to ensure that people with disabilities can access benefits.