OPEN LETTER TO OUR LEGISLATURE
I write to you with grave concerns about DSHS's request to shirk its responsibility by having HB 3049/SB 6717 being considered by the legislature for adoption. HB 3049/SB 6717 effectively ask the legislature to pass retroactive laws to disallow DSHS clients, who were illegally denied benefits in the first place, the opportunity to collect those past benefits.
I have some such clients whom I serve as an elder law attorney. These clients are old and/or disabled and do not have much of a voice, other than yours. DSHS first denied these clients benefits and when caught is asking the legislature to retroactively limit the payout to no more than 90 days.
The only reason DSHS got caught is because I and other attorneys took their case pro bono and won at the Supreme Court level. (See Jenkins v. DSHS, 160 Wn.2d 466, May 3, 2007). I have no financial motive to advocate for this position other than seeing to it that the clients who won a victory in court should not be let down by the legislature because the client has still not been paid back the benefits owed.
I understand the budgetary constraints, but it is a shame that DSHS would resort to have their problems covered on the backs of those who are broken and beat down to begin with. Let them get rid of the significant management fluff they have and support amongst their ranks to manage costs instead of wasting time on such efforts.
I will also share with you my utter disgust by the presentation made by DSHS representatives to the House committee suggesting that the bill is only a technical correction and nothing more. Not only do I differ in that position, but think it is outright fraud on part of DSHS not to disclose that the real purpose behind the bill is to shirk on its duty to pay benefits that it wrongfully denied in the first place.
The old and disabled are counting on you to prevent this injustice.
Best regards,
Rajiv Nagaich
