Our first official class is Tuesday, January 12, from 3:45 until 5:35, in room 4055. In addition to class meetings, you will have several other obligations in the first several weeks of the semester, which are explained below.
To participate in the clinic, you will need to be certified by the the North Carolina State Bar. Before you can do that, you must fill out a form certifying that you have read the following
- North Carolina Rules of Professional Conduct (for an easier format in which to read these rules, you can find them in this publication: North Carolina Lawyers Handbook 2015)
- Rules Governing the Practical Training of Law Students
You have been given the state bar forms, as well as some other beginning of the semester forms, in hard copy. If possible, bring those forms to the initial meeting with Hannah & Allison
All the course readings and forms are contained in the Clinic Binder, which you will receive at theinitial meeting with Allison & Hannah. Readings for the first class will be placed in your mail folder.
Note that because we need to start case assignments in the second week of the semester, Drop/Add for clinics ends on Friday, January 15. If you have any thoughts of dropping the clinic, please speak with Allison Rice as soon as possible.
Out of Class Activities:
Initial Meeting with Allison & Hannah: We meet with each student individually for about a half hour to share important information and get to know you: : http://tinyurl.com/First-Week-Meeting-Sign-up
Office Tour: Schedule with Sandra Pettiford in clinic office. Available times: 1/11, 11:00 am; 1/12, 10:00 & 3:00; 1/13, 10:00; 1/14, 11:30 & 4:00; 1/15, 12:30. Email Sandra: email@example.com
Health Justice Clinic Forms: Will be in your mail folder. Turn in at your initial meeting with Allison & Hannah
Office hours and meetings sign-up: On Google docs . Follow this link to sign up
- Student Schedules: please provide your schedule on our google doc by following this link. (we also ask for your schedule on a paper form that has been distributed)
Computer Encryption Encryption Sign-up (you must have your laptop encrypted or use Windows remote desktop if you want to use Clio or work on client documents on your own laptop.
Computer/Case Management Software Training: You will need to be trained in our case management software, Clio. This will take place outside of classes. Choose one of the three one-hour sessions: Training Sign-up
- Clinic Intensive: Friday, January 22, 8:45 - 5:00. Breakfast at 8:45; program starts at 9:00. This session is mandatory. Breakfast and lunch provided. The day will include a visit to the Duke Infectious Disease Clinic.
- Road trips provide students with the opportunity to meet with clients in HIV clinics outside the Triangle. Students always feel that these trips are a high point of the semester. The trips are a great way to help you quickly gain confidence and experience. All travel and client time is counted toward your clinic hours. For each trip, one of the Supervising Attorneys takes a group of about 3-8 students to interview new clients and to prepare and execute advance directives such as a Power of Attorney, Health Care Power of Attorney, Living Will, Standby Guardianship Designation. We also do intakes for Wills. We encourage you to sign up for a road trip. Choose one of these dates:
- February 5, Depart 8:00 am, return by 3:30 pm: Winston-Salem (Wake Forest Baptist Medical Center)
February 12, Depart 7:30 am, return by 4:00 pm: Hickory (Catawba Valley Medical Center)
- JOURNAL DUE DATES:
1/19, 2/9, 3/1, 3/29, and a final entry by the end of the semester. Please submit the journals by email to both Allison & Hannah, before our scheduled class time. Final journal is due at your end of semester exit interview.
Readings & Assignments
Tuesday, January 12:
Introduction to Health Justice Clinic
- Clinic Course Requirements (in mail folder - insert into your binder)
- Journal Memo (in mail folder - insert into your binder)
- From Clinic Binder - Reference Tab -- HIV Transmission FAQs (also placed in your mailfolder)
- NPR, August 16, 2015: Though Not a Death Sentence, HIV/AIDS Still Holds a Powerful Stigma
- Browse New York Times video vignettes | Patient Voices: AIDS and H.I.V.
- HIV/AIDS & Cancer background materials (also provided in hard copy in your mail folder)
Week of January 18 --- Supervision Meetings and Office Hours begin
During your first office hours, please review the office manual and forms in your binder. You will be given one or two cases to start work on.
Tuesday January 19:
Advance Directives Law; Working with people with serious illnesses
Guest Speaker, Vickie Leff, MSW, LCSW, Duke Palliative Care
Advance Directives Quiz - due via email to Allison, before class
Journal 1 - due before class, by email to Allison & Hannah before class
Readings, from these Clinic Binder Sections:
Advance Directives Manuscript
Advance Directives Readings & Forms, including ---
Advance Directives Statutes : these are primarily for your future reference. Browse them now -- you may need to look at them to answer some of the quiz questions.
-NCGS Chapter 32A, Powers of Attorneys & Health Care Powers of Attorney and
-NCGS 90-320 et seq, Living Wills (Right to a Natural Death)
-Kaiser Health News: Despite Gains in Advance Directives, Study Finds more Intensive End-Of-Life Cancer Care
-JAMA Oncology, Trends in Advance Care Planning in Patients With Cancer Results from a National Longitudinal Survey (focus on the introduction, results and discussion -- no need to worry about the study methodology)
-Health Affairs, Default Options In Advance Directives Influence How Patients Set Goals For End-Of-Life Care (focus on introduction, results and discussion)
- Browse Advance Directives Forms on Advance Directives web page (and also in binder)
View: Advance Directives Lecture (Panopto) Part 1 (Power of Attorney) and Part 2 (Health Care Advance Directives)
Advance Directives Powerpoint (to accompany the Panopto lecture)
Office Procedures: Review Office Manual and Office Forms in Clinic Binder, especially the "Intake form" (read the Office Manual carefully in your first office hours).
Friday, January 22: Clinic Intensive, 8:45 - 4:30
All-Clinic session; Wills, Introduction to Disability; Visit to Duke Infectious Diseases Clinic
Wills Quiz Due by 8:45 a.m. - email to Allison
Wills Readings, from Binder:
Wills Exhibits, from binder, including statutes, forms, client education materials. Skim the statutes -- you don't have to read them-- they are for your reference. You will need to refer to the statutes to answer one or more of the Wills Quiz questions.
Plain English Translations to help you talk with your clients about documents
Disability Readings from Binder:
"Disability Readings," Section, pp. 1-36
- Wettach & Rice, The Determination of Disability within the Social Security System
- Tom Bush, Chart: The Two Disability Programs & Diagram of Sequential Evaluation
- Medicaid and Persons with Disabilities
- HIV as a Chronic Disease (you can browse this article)
"Social Security Law" Section, pp. 1-2
- Definition of Disability: § 404.1513 Medical and other evidence of your impairment(s)
- Evaluation of Disability: § 404.1520(b) Evaluation of disability in general
"Social Security Forms" Section, p. 1
- Case Status Sheet
Tuesday, January 26
Disability (Medical Aspects and Evidence) & Interviewing
Updated: Class - Wills, Disability Overview, Interviewing
READ THE MATERIALS THAT WERE ASSIGNED FOR THE INTENSIVE, PLUS THE MATERIALS ON INTERVIEWING LISTED BELOW. THE REST OF TODAY'S READINGS SHOULD BE DONE FOR NEXT WEEK'S CLASS.
Disability Quiz, Due date extended to Sunday, 1/31, 5:00 pm. Email to Hannah. If you finish it earlier, submit it earlier.
Disability: THESE READINGS ARE MOVED TO FEBRUARY 2 (NEXT WEEK)
"Disability Readings," pp.37-60
- Health Justice Project Social Security Protocols (you may skim this for class, but must read it carefully when working on your disability case)
- Guidelines for Reviewing and Charting Medical Records
- Medical Chart Example
- Factual Investigation - Essential Information
- Using Affidavits in Disability Cases
"Social Security Law," pp. 3-5; 43-46
- § 404.1525 Listing of Impairments in appendix II Adult Disability Listings (browse Cancer (10.00), HIV (14.00) and Mental Health (12.00) Listings)
- § 404.1527 Evaluating opinion evidence
- § 404.1528 Symptoms, signs, and laboratory findings
- § 404.1529 How we evaluate symptoms, including pain
SSR 96-4p: Symptoms, Medically Determinable Physical and Mental Impairments,
and Exertional and Nonexertional limitations
"Social Security Forms," pp. 7-26; 55-60
- Disability Interview Form Part I (skim and consider why we are asking these questions)
- Disability Checklist (you may skim for class, but use diligently on actual casework)
Readings about Interviewing - DO THIS READING FOR TODAY, 1/26
- Cochran, DiPippa & Peters, The Counselor-at-Law: A Collaborative Approach to Client Interviewing and counseling, Chapters 3-4.
- Plain English Translations to help you talk with your clients about documents
Wednesday, January 27 - Friday, January 29 -- Simulated Interviews
With a partner, you will interview a simulated documents client (Allison or Hannah). You will receive feedback immediately after the interview. Afterwards, you will review a recording of the interview and give yourself feedback.
Sign up here
Before the interview, you may find it helpful to review this recording of mock documents interview: Jacob Whiteside interview
Tuesday, February 2, Standby Guardianship & Documents Explanation
UPDATED - Disability (Medical Aspects), Standby Guardianship, Documents Explanation
- DO THE DISABILITY READINGS LISTED FOR 1/26, PLUS ALL OF THE READINGS BELOW
DISABILITY - 2 SLIDES FROM CLASS
- Video Lectures -- look at these before class:
Overview of Care & Custody of Minors
Standby Guardianship Video - Part 1
- Standby Guardianship Video - Part 2
- To accompany the video lectures: Standby Guardianship powerpoint.
Readings, from the Clinic Binder - Standby Guardianship Forms
Manuscript: Permanancy Planning for Children of HIV Infected Parents
Standby Guardian Flow Chart
Standby Guardian Checklist
Checklist of Planning Considerations
- Standby Guardianship Brochure
Browse Standby Guardian Forms
Browse the statute, NCGS 35A-1370, Standby Guardians for Minor Children which is included in the materials. If you have a standby guardianship case, you will need to read this carefully.
Documents Explanation Exercise:
Documents Explanation Assignment -- Please review these documents and be prepared to explain them to your "client" and answer her questions.
Tuesday, February 9
- "Disability Readings," pp. 61-76
- -Tom Bush, Social Security Practice - RFC and Medical-Vocational Guidelines
- -Vocational Terms Quick References
- -DOT Materials (pay special attention to Sample Entry, p. 74)
"Social Security Law," pp.8-11, pp. 13-30
- § 404.1545 Your Residual Functional Capacity
- § 404.1562 Medical-vocational profiles showing an inability to make an adjustment to other work
- § 404.1564 Your education as a vocational factor
- § 404.1565 Your work experience as a vocational factor
- § 404.1566 Work which exists in the national economy
- § 404.1567 Physical exertion requirements
- § 404.1568 Skill requirements
- Appendix II: Medical-Vocational Guidelines (“The GRIDS”) (browse and plot your client)
- POMS DI 90070.050–DAA Material Determinations
- POMS DI 25020.010 Mental Limitations
"Social Security Forms," pp. 27-48; 63-64; 69-79; 84-93
Disability Interview Form Part II (browse)
- Social Security File Review
- Doctor/Therapist Questionnaires (browse)
Social Security Disability Report Appeal (form SSA-3441)
Tuesday, February 16
Discrimination, FMLA, Confidentiality,
N.C. Gen. Stat. 130A-143 (Confidentiality)
N.C. Gen. Stat. 130A-25 (Enforcement)
Privacy: Hall v Post.
HIPAA consumer summary;
HIPPA Privacy Rule detailed summary (Lengthy - browse if interested)
HHS Office of Civil Rights - Health Information Privacy Enforcement Examples Involving HIV
Browse: Pro Public Series on Medical Privacy
Read Small-Scale violations of Medical Privacy Often Cause the Most Harm
N.C. Gen. Stat. 130A-148(i) (NC Discrimination)
Americans with Disabilities Act
US Department of Justice, ADA and HIV/AIDS
ADA - Selected Sections (browse if interested)
Department of Justice HIV/AIDS enforcement actions
Family and Medical Leave Act
Department of Labor Fact Sheet #28, FMLA
Tuesday, February 23
Half of the class will prepare a one-page summary of one of a case, to be submitted by 5:00 Monday. In class, we will discuss the cases. Sign-up here
Tuesday, March 1
Theory of a Disability Case
In this class, we will work as a group to develop a theory of a disability case. You will review a client file and apply the five step sequential evaluation. You will complete the five-step sequential evaluation for the client, and turn in your analysis before class.
We will organize our discussion around the five steps. Bring your notes to class to facilitate discussion
- -Client disability file - saved in Clio under the "case" "AIDS Training"
- - Review Social Security disability listings, grids, vocational materials, and law to consider possible theories for the client's case.
-POMS - Medical-Vocational Terms, Physical Limitations, Mental Limitations, (Binder, SS Law, pp. )
-Components of the Definition Trailer (Binder, Social Security Readings, pp. 190-96)
"Social Security Forms," p. 65
- Case Theory Worksheet
Tuesday, March 8
Case Rounds --
Those who didn't present on Feb 23 will present. Prepare a one-page summary of one of their cases, to be submitted by 5:00 Monday. In class, we will discuss the cases.
March 14-18 - SPRING BREAK
Tuesday, March 22 - TBA
Tuesday, March 29 - TBA
Tuesday, April 5 -- TBA
Tuesday, April 12:
You are finished with the course when you have completed your hours, brought your cases to agreed stopping points, and had your final exit interview. Instructions will be provided as we near the end of the semester.