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Student Spotlight

Clinic Student Team Argues at Hearing, Wins Real Case for Real Client

Andrew Creary ‘19 and James McAuley ‘18

By By Justin Devendorf
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When Andrew Creary ‘19 and James McAuley ‘18 represented their client, an HIV positive, physically and mentally disabled young woman who sought the legal services of the Albany Law School Health Law Clinic, both knew that this opportunity was going to be challenging, but also would allow them the ability to make a meaningful difference in the life of their client.

Both Andrew and James came from a health science background before attending law School. James worked at the New York State Department of Health and Andrew as a biology major in college, and both say that they wanted to use the skills they gained from their backgrounds and apply them to the legal profession—specifically, in the field of Health Law.

During the spring 2018 semester, James and Andrew were enrolled in the Health Law Clinic, working under the supervision of Professor Joe Connors. Their client had sought a Social Security Disability Benefit, given to those who cannot work due to their physical and/or mental condition. After being denied, the client turned to the Health Law Clinic for help. Andrew and James took the case and over the semester worked hard to prepare for their client’s second hearing in the hopes that this time her request would be granted. After spending dozens of hours conducting legal research, honing their arguments on behalf of their client, they submitted a 19-page brief to the court.

In addition, they sought formal input from their client’s doctors, who gave their opinion on how their patient’s disabilities would negatively impact her quality of life. This evidence, James and Andrew said, was crucial in proving their client’s case. In April 2018, at the conclusion of the hearing, the court granted their client the Social Security Disability Benefits she had long sought. The court awarded the client four years of back payments as a result of her inability to work as well as the benefits moving forward, a judgment that reportedly is rare in these types of cases.

“We have spent a lot of time in class over three years learning a lot about the law,” said Andrew. “Working with a real client on a real case, writing a brief and participating in a hearing certainly brought to life the class work we have been doing.”

“Working on this case demanded a lot of time and energy,” said James.  “Many hours went into reviewing the voluminous records, contacting the client’s doctors to obtain opinions on the disability factors most important to the Social Security Administration, writing the brief, and preparing for the hearing itself. But seeing our client’s reaction after we received a favorable determination made all the time we spent working at the clinic worth it.”

James recently graduated from Albany Law School, took the Bar Exam this summer and awaits his results, while  Andrew has started his third and final year.

 

Andrew Creary and James McAuley