National Legal and Policy Center -- Legal Services Accountability Project
 
LSAP REPORT
 
Issue # 41 -- October 1, 1996


 
Legal Services Abuses in Massachusetts
The federal legal services program in Massachusetts has compiled a lengthy record of opposing welfare reform with a special hostility to workfare and other measures to promote responsible behavior.
 

Workfare Plan Attacked for Making People Take Care of Themselves

Upon entering office in 1991, Governor William Weld implemented a workfare plan that would require most welfare recipients to work in exchange for benefits. Called Massachusetts Jobs, the program offered AFDC recipients the option of enrolling in education courses or job training programs. Individuals deemed job-ready were  assigned to work in a non-profit agency or nursing home while those who refused work lost part of their welfare benefits. Said state Welfare Commissioner Joseph Gallant, the purpose of the reform is to “make sure they’re doing something to move off welfare and not just sitting home and not doing anything.” However, the Massachusetts Law Reform Institute, the state’s leading LSC-backed welfare litigator, strongly condemned workfare as nothing more than “an outgrowth of the Reagan-era ideology that says you should look out for yourself, and take responsibility for yourself.”
 
See Teresa Hanafin, “Stubborn Welfare Rolls Spur Aid Alternatives,” The Boston Globe, June 21 1992, pg. 1
 

Legal Services Tells Non-Profits Not to Hire Workfare Applicants

Since legal services couldn’t find grounds to sue the Mass Jobs workfare program, which simply fulfilled the requirements of the federal Family Support Act of 1988, lawyers resorted to unethical tactics to subvert the plan. When the Weld administration sent letters to about 2000 non-profit agencies asking that they accept welfare recipients as volunteers, a coalition of activist groups, of which the Massachusetts Law Reform Institute was a major member, sent letters to the agencies telling them not to cooperate with the state. As a result, 30 agencies refused to hire workfare applicants. State Human Services Secretary Charles Baker called the actions of legal services and their allies “outrageous and disgraceful.” Said Baker, “What this tells me is that there are apparently more people in the human services community  . . . who aren’t that interested in helping welfare recipients improve their lot in life.”
 
See Don Aucoin, “Some Groups Skirt Welfare Jobs Program,” The Boston Globe, January 29 1994, pg. 1
 

Lobbies Against Ambitious Welfare Reform Plan

In 1995, the Massachusetts legislature overwhelmingly adopted a comprehensive welfare reform plan that expanded workfare, reduced benefits and placed a two-year limit on the amount of time individuals can receive assistance. Legal services lawyers were opposed to all of these provisions. In addition to filing a lawsuit challenging a 2.75 percent reduction in welfare benefits, legal services lawyers resorted to more underhanded tactics to gut key provisions. Democratic State Senator Therese Murray charged that the Massachusetts Law Reform Institute and other advocates may have lobbied legislators to undermine the two-year time limit by creating a massive loophole to allow recipients to receive benefits beyond the limit.
 
See Connie Paige, “Weld Rips Lawmakers Over Welfare Loophole,” The Boston Herald, July 14 1995, pg. 004
 

Opposes Abolition of Welfare for Able-Bodied Adults

In 1991, Governor Weld with the strong support of the Democratic legislature eliminated the General Relief welfare program over the strong opposition of legal services lawyers. General Relief paid monthly benefits of $338 to adults supposedly too disabled to work. However, both the Weld administration and key legislators agreed that General Relief, providing aid to 40,000 people at a cost of $213 million per year, was poorly managed.  The Democratic Chairman of the House Ways and Means Committee supported the cuts citing the easy ability of unqualified people to get benefits. State officials said that all people had to do to qualify for assistance was simply tell a doctor they were disabled. Despite this bipartisan consensus, legal services responded to the cutbacks with a barrage of lawsuits challenging everything from the tougher criteria that former GR recipients had to meet to get aid under a new program to the constitutionality of the notices terminating benefits.

 See Melanie Malherbe, “Legal Services Asks Help Handling Case Deluge,” Massachusetts Lawyers Weekly,  April 6 1992, pg. 39
 

How to Spend a Lot of Money and Stay on Welfare

In 1994, Western Massachusetts Legal Services filed a lawsuit seeking welfare benefits for Arthur Cooney, a welfare recipient who won $75,000 in the lottery only to lose it all on drugs and gambling. Legal services lawyers took up Cooney’s cause after state welfare officials refused his request to get back on welfare following his binge. It seems Cooney was perfectly suited to be a WMLS client.  The legal services outfit had previously published a pamphlet advising welfare recipients who inherit or win large amounts of cash not to save the money so they continue to be eligible for aid. WMLS recommended that recipients who expect to receive large settlements such as lottery winnings or personal injury awards get off welfare the month before they get the money so they can spend it without restrictions. “Since in most cases,” the pamphlet reads, “you want to resume your eligibility as  soon as possible, you will want to spend the money as quickly as possible.” Legal services even recommends ways to spend the money such as buying a “special gift” or taking a vacation.
 
See “Looking Out for their Welfare," Massachusetts Lawyers Weekly, December 6 1993, pg. 30
 

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