When a veteran is discharged from the armed forces, they begin the transition to civilian life.  However, the type of discharge received can have far-reaching consequences for veterans as the stigma of an “Other Than Honorable” discharge follows veterans throughout their lives and limits the federal benefits they can receive.  Proskauer is actively involved in helping veterans upgrade their discharge status, when they have been unfairly denied benefits due to an improper classification. 

Next week, Proskauer will headline the Los Angeles County Bar Association’s Veterans Legal Services Project (VLSP) clinic. Proskauer attorneys sponsor the clinic every November – but this year’s clinic will be very different. The VLSP clinic has adjusted to the realities of 2020 and, in doing so, has found new ways to improve its services to veterans. For many veterans, the transition back to civilian life is challenging, and the unique difficulties posed by the COVID-19 public health crisis has had a tremendous impact on the ability to find legal representation and other crucial services.

The VLSP clinic focuses on providing advice to homeless and at-risk veterans regarding record expungements, as well as outstanding tickets and warrants. Attorneys attending the clinic perform interviews and intakes for the clinic, and provide referrals to the attending veterans.

For low-income families with disabled children, receiving Supplemental Security Income (SSI) benefits is critically important to the safety and security of their households.  Navigating the difficult claims process without legal counsel, however, too often leads to the wrong result.  This was exactly the case for one immigrant mother who—after a painful and complicated divorce—was unable to afford medical treatments for her 14-year-old son suffering from ADHD. After an unsuccessful first attempt to apply for SSI benefits, she sought help from Greater Boston Legal Services (GBLS), which paired her with a team of Proskauer lawyers who secured the benefits that she and her son desperately needed and deserved.

The Proskauer team, led by corporate associate Ben Sacks, was tasked with meeting the stringent criteria for SSI benefits. In order to qualify, an applicant must establish both medical documentation for the disability and evidence of limitations. In the case of applicants with ADHD, judges typically look to academic records when considering limitations.  This created a challenge for our client who had good grades—particularly in math—but was struggling in other ways at school. Ben and the Proskauer team understood that they had to make clear that academic records were the wrong measure of how ADHD impacted this boy’s life.  The argument was thus re-centered around the other struggles he had in school, such as ploys for attention, lack of focus in class despite his good grades, and issues outside of the classroom.

The Veterans Assistance Project at the City Bar Justice Center (the pro bono arm of the New York City Bar Association) connects lawyers with veterans living on or below the poverty line. It helps veterans with their disability claims and appeals to the U.S. Department of Veteran Affairs (VA).  Proskauer organized a small group of volunteers in October 2015 to attend an intake clinic at the City Bar, working in pairs to represent a veteran in need. Our effort has since evolved to include more than 90 from both Proskauer and our project partner Bloomberg LP.

In recognition of our contribution, Proskauer and Bloomberg LP were honored with a City Bar Justice Award at the City Bar Justice Center’s Annual Gala in April 2017. We were noted for our leadership and dedication to pro bono and public service, and for joining forces in an effort to help veterans obtain disability benefits from the VA. Proskauer is proud to have dedicated more than 1,500 pro bono hours to these cases.

Kevin Hackett, a corporate partner and veteran himself, spearheaded this volunteer effort. He had the following to say about this project and its great impact.