Summer 1999

scales of justice

Pine Tree Case Summaries

The following are summaries of some of the cases Craig Sanborn has handled for Pine Tree's Native American Unit over the last six months. You can speak to Craig at 1-800-879-7463.

handprint  ASPIRE: A client called Craig because of a sanction by ASPIRE for "non-cooperation." The sanction was based on the client's failure to attend a scheduled Job Readiness Workshop or to tell the ASPIRE worker beforehand that she wouldn't be able to attend. Under ASPIRE, the first sanction results in a loss or reduction of benefits until the failure to comply is ended; a second sanction may result in a loss of benefits for three months; and the third sanction can result in a loss of benefits for six months.

The client had missed the workshop because she was working at the time it was being held. Also, the notice requirement referred to by the ASPIRE worker was incorrectly interpreted.

Craig appealed the sanction for the client, arguing that the client had "good cause" for missing the workshop and that the notice requirement was not supported by federal regulations. The ASPIRE case manager agreed and the sanction was lifted.

footprints  Housing: Case 1. After spending several years on a waiting list for tribal housing, the client was finally selected to participate in a tribal home ownership program. The client was both asthmatic and arthritic. To meet her medical needs, the client was allowed to specify that her new home be a single floor home with no carpeting. The home was built and assigned to the client. In preparation for her scheduled move, the client closed out her existing tenancy and moved in temporarily with other family members. Within weeks before the client was scheduled to move, however, the housing authority told her that her home had been given to someone else because she had violated housing policy by being a long-term guest of another housing authority tenant.

Craig asked the housing authority for a hearing and represented the client. After the hearing, the housing committee re-assigned the home to the client.

Case 2. The client came to Craig to learn about her rights as a disabled person and to find out if a tribal housing authority was required as a matter of law to make her home handicapped-accessible. After reviewing federal, state and tribal law and the unique facts underlying this case, Craig agreed to negotiate with tribal officials. After numerous talks, the tribe agreed that the client's concerns should be addressed. Within four weeks, the client's home was made completely handicapped-accessible.