The Chief Judge’s 2023 Hearing
on Civil Legal Services in New York
Presented by Terri Tupper
September 18, 2023
My name is Terri Tupper. I have been a client of Empire Justice Center on and off since 2008 and I was a member in three class action lawsuits. The outcome of these lawsuits greatly improved my family’s quality of life.
In 2007, I was diagnosed with severe lipo-lymphedema which is the combination of two highly inflammatory disorders. The two conditions in tandem caused severe swelling in my lower extremities that, without daily compression and decongestive therapy, leaves a hardening of the tissues which is irreversible. Because I could not afford compression garments at $2,000 a pair, infections followed one after the other. I endured many hospitalizations, sometimes for weeks, with extremely high fevers that lead to Sepsis. Coupled with other autoimmune disorders this all forced me to stop working. I had been a nurse LPN since 1990 and also in the medical billing field since 1999. I quickly became bed bound and had to rely on Social Security Disability Income.
Around 2008, my family was having difficulty getting through the Medicaid application process. I reached out to Linda Hassberg Esq., at Empire Justice Center and became a client in a class action suit wherein ultimately I was granted access to Medicaid.
While she was assisting me, I explained to Ms. Hassberg that I could not get the custom compression garments I needed. Ms. Hassberg referred me to another Class Action in progress that was to ensure compression stockings were included as a Medicaid benefit. That suit was also successful, and I eventually was able to get compression garments, begin physical Therapy, leave the bed and, over the next few years get considerably healthier. I became an advocate for People with Disabilities as well as a New York State Ambassador for the Lymphedema Treatment Act, petitioning on a federal level for similar rights to those which Empire Justice won at the state level. The Lymphedema Treatment Act was passed by Congress, and the new insurance coverage will go into effect on January 1, 2024.
In October 2018, my family was rendered homeless due to a Holdover Eviction wherein the Suffolk County Human Rights Commission later found “probable cause” existed that the Landlord had engaged in discriminatory behavior. My family was approved for Temporary Housing Assistance, but Suffolk County Department of Social Services denied my reasonable accommodation requests for my own hospital bed and a dorm-size freezer to store the ice packs I needed to alleviate swelling. I reached out to Linda Hassberg again and became a class member of an action (Newkirk v. Pierre) filed on behalf of Suffolk County residents with disabilities who needed reasonable accommodations to access Suffolk DSS benefits and services. After being informed by DSS representatives if I asked for my hospital bed to come with me to shelter again, I would instead be sent to the nursing home, Ms. Hassberg made a phone call and my reasonable accommodation requests were immediately granted.
In 2020 my family came up on a HUD Mainstream list and qualified for Section 8. We gratefully turned in our Voucher to accept project-based housing in Bay Shore where we now still reside. Since we have been in permanent housing, our 16-year-old son — who was originally a straight “A” student before we became Homeless — has gone from failing almost every subject to Cum Laude status and is on track to become a Biochemist. My son has expressed that one day he would like to find the cure for Lymphedema. Drawing on my lived experience, I co-founded a grass roots not for profit called Long Island Connections, in an effort to assist others by connecting them with resources and advocacies such as Empire Justice Center. We host a Peer Support Group on Facebook called HomelessLI which has a member base of over 3,000; we also have a Mobile Medical Equipment Lending Closet and work with the local VA and the Community.
In this work, I came across the organization Legal Hand, offering remote volunteer positions where I could do work similar to what I was already providing in my own group but on a larger scale. I jumped at the chance (well -if I could, I would have). Soon after Long Island Coalition for the Homeless saw the work I was doing and offered me a part time paid position assisting on their Helpline remotely. I have now been with the Coalition for 15 months and volunteering at Legal Hand for nearly three years. I am striving to work full time again and no longer be dependent on Social Security Disability Income. My first-hand experience as a person with long-term disabilities and Lived Experience Homeless has greatly informed my work in advocacy every day.
I would not be where I am today if it were not for the assistance of Empire Justice Center. My contacts with Empire Justice Center did not end with the 3 Class Action suits. There were many ADA questions and questions related to DSS policy and procedure which lead to dozens of exchanges along the way. Their advocacy has been incredible, and I am so grateful. Without Empire Justice Center’s assistance, I would never have known the power of Reasonable Accommodation under the ADA. My life is propelled forward now in a positive & uplifted way. I have tools I so desperately needed to piece life back together for my family and I am a survivor now instead of a statistic.
