Law Services News - Nassau Suffolk Law Services

BUSINESS NAME
BUSINASSAU/ SUFFOLK LAW SERVICES COMMITTEE, INC.
Law Services News
APRIL/ MAY 2007
NSLS Introduces New Program to Assist Cancer Patients
The New York State Department of Health has funded a bi-county project for
persons and families affected by cancer . Denise Snow is the attorney who is
staffing the PLAN (Permanency Legal Assistance Needs Project) and brings
to it her medical experience as a nurse. She is currently doing outreach in the
community publicizing this important service and partnering with other service providers. She has already begun work on several cases involving hospital debts, insurance denials, guardianships etc.
The Project’s services are targeted to low income families and can assist with
advance planning and directives such as powers of attorney, health care proxies, wills and guardianships as well as problems with health insurance coverage and related creditor and housing issues.
If you would like more information or have a question about a legal issue,
contact us for free legal assistance at either our Nassau or Suffolk Offices:THE PLAN PROJECT in Nassau 516 292-8100 Ext 3136, in Suffolk
631 232-2400 Ext 3309
Supplemental Needs Trust Can be Used to Shelter Income of
Non Disabled Spouse
A Supplemental Needs Trust (SNT) can be used to shelter income of a disabled person’s spouse for purposes of Medicaid eligibility according to a recent fair hearing decision (Matter of JT Fair Hearing #4576742M).
Though SNTs have become more common in recent years as a means of sheltering excess income for disabled persons thus making them eligible for
Medicaid without having to pay a spenddown, this tool has not been used
where it was the disabled spouse’s income that resulted in an unaffordable
spenddown. In those cases the spouse would execute a “spousal refusal”
whereby, as part of the Medicaid application, would refuse to make the income available for the spouse’s medical needs. As a result Medicaid could
not be denied to the disabled person due to the spouse’s refusal to contribute
the income. However, there was always a risk of being sued for support by the
County in these cases.
The fair hearing decision held that it is acceptable to include both spouse’s
income in the Medicaid household calculation and then shelter the excess
(which would have otherwise been the spenddown amount to be paid to DSS)
by paying it into the trust. This creative alternative insures necessary Medicaid coverage for the disabled individual while sparing the family the stress
involved in a refusal of support.
INSIDE THIS ISSUE:
Some Banks Agree
Not to Restrain Exempt Accounts
2
ALJ Grants Benefits
Following Remand of
SSD Decision
3
Equity Theft and Subprime Home Loans
4
EPIC and Part D
4
“Equal Justice
Under Law”
S P E C IA L P O I N T S
O F I N T E R E ST :
• Pro Bono Limited Share
Raffle
• We Need Your Help– Mail
in Questionnaire
• NSLS Volunteer Luncheon
• Pro Bono Volunteer Attorney of Month
• NSLS Summer 2007 Training Schedule
• MyCause.com
This issue
is dedicated to
all NSLS’
volunteers— past
and present—we
truly appreciate
each and every one
of you!
PAGE 2
L A W S ERV I CES N EWS
Several Banks Agree Not to Restrain Direct Deposit Accounts
Containing Exempt Funds
After a creditor pursues a debt through the
court system and obtains a “judgment” it can
then proceed to various collection methods
which include garnishment, liens, and in some
cases tax refund intercepts, etc. One common
method of post judgment collection is the infamous bank account “freeze” whereby the
creditor locates a judgment debtor’s bank account and serves a restraining notice to freeze
the funds in the account. Eventually these
funds are turned over to the creditor by the
bank.
they figure out that they need to contact the
creditor’s attorney and not the bank, there are
serious problems created by the delay in accessing their limited funds including late payment of rent, utility, phone service, etc. aggravated by the bank fees and legal processing
fees deducted from their accounts.
Litigation challenging this practice has met
with only limited success. There is an important case, Mayers v. New York Community
Bancorp specifically challenging the bank
practice in the case of direct deposit accounts,
However, in many cases the funds in the acthat is slowly making its way through the
count are exempt from collection. Social Se- courts, and so far the results have been promcurity, SSI, public assistance, workers comising. In the meantime there are particular
pensation, child support and most pension
banks that have agreed not to honor restrainfunds are some examples of funds that are ex- ing notices served on direct deposit accounts
empt from collection for most debts*. When a as long as exempt
debtor is served with the restraining notice he and non-exempt
is also notified that certain categories of infunds are not comcome are exempt. The notice usually states
mingled. Based on
“if you think that any of your money that has our information
been taken or held is exempt, you must act
these banks to date
promptly because the money may be applied
include Chase, Asto the judgment or order...you may contact the toria Federal, New
person sending this notice.” ( This is usually
York Community
the creditor’s attorney.) “Also you may conBank and Banco
sult an attorney including legal aid if you
Popular.
qualify.” CPLR 5222
If your client has experienced a restraining
The problem has always been that most low
notice served on an account that contains exincome debtors are confused about their rights empt funds, please contact the Legal Support
and don't have the funds to retain an attorney. Center for Advocates (LSCA) at 631 232The reference to “legal aid” is misleading
2400 Ext. 3369 for further advice.
since most legal aid and legal services office
are so understaffed that they do not have the
resources to represent or often advise in these *Child support and federal tax debts are exceptions to the rule and may be collected from
cases. Hence many creditors who should be
exempt from collection end up paying the debt otherwise exempt funds.
out of their very limited funds. Or even if
L A W S ERV I CES N EWS
PAGE 3
ALJ Grants Benefits Following Appeal Council Remand
Paralegal Jim Denson of Nassau/Suffolk Law
The Appeals Council adopted Jim’s argu-
Services won an important victory in gaining Social Security Disability benefits for his client. Ms.
V. , who is in her mid-forties and is HIV positive,
also suffers from severe depression, whose primary manifestation is anger and hostility towards
others. Jim presented ample evidence of the limitations caused by her depression, including job
losses due to altercations with co-workers, as well
as the opinion of a treating psychiatrist that she
was unable to work because of her psychiatrically
based interpersonal difficulties. The Administrative Law Judge (ALJ) nonetheless found that she
could return to her past work as a secretary.
ments. It criticized the ALJ for discounting the
treating source opinion, and failing to explain
why the treating opinion was discarded in favor of a one time examining clinician’s review.
The Appeals Council additionally found that
the consultative examiner’s report was internally inconsistent, in that it described the
claimant as both cooperative and somewhat
uncooperative.
On remand, the same ALJ issued a two page
decision finding that the claimant met a
“listing” (a disability specifically defined by
the Social Security Administration) and he
Jim wrote a very compelling argument to the Ap- agreed that the claimant had not performed
peals Council, pointing out that the ALJ had failed SGA during her various work attempts.
to properly weigh, or even address, the opinion of
the claimant’s treating psychiatrist. Jim bolstered
Jim observes that this was a difficult case, parhis argument by submitting, as new and material
ticularly the SGA issues that he managed to
evidence, an updated RFC (Residual Functional
Capacity) evaluation from the treating psychiatrist overcome. He thought it worthwhile, however,
indicating that the claimant had poor to no ability to raise the issues of how poorly the claimant
had performed her jobs because of her psychito handle the mental demands of work.
atric problems, and how, as a result, the past
work did not constitute SGA. This strategy
Jim also argued that the ALJ had erred in evaluat- clearly paid off in the appeal. Good work, Jim!
ing the opinion of a non-examining review physician over that of the treating psychiatrist. He refuted the review physician’s conclusion that his
client could perform substantial gainful activity
(SGA) by pointing out that her recent work atSAVE THE DATE
tempts were unsuccessful. He relied on 20 C.F.R.
§416.973(b) for the proposition that unsatisfactory
October 17, 2007
job performance is indicative of non-substantial
gainful activity. He also pointed to evidence that
Health Law Forum
the client’s last job was considered supported employment, which is similarly not indicative of subTouro Law School
stantial gainful activity. Finally, he emphasized
Sponsored by Nassau/Suffolk Law Services
the many financial stresses his client was under,
which forced her to attempt to return to work, albeit unsuccessfully.
L A W S ERV I CES N EWS
PAGE 4
More on Equity Theft and
Subprime Home Loans
In our last issue we reported on Home Equity
Theft as a serious and growing problem. As
the trend begins to receive the attention it deserves, new programs are being developed to
help people who are at risk of foreclosure. In
an attempt to stave off foreclosure caused by
the explosion of “subprime” home loans, telephone hotlines have been set up for homeowners needing counseling on preventing
foreclosure. Nassau Hotline 516 571– HOME
in Suffolk 631 853-4800.
Also the Long Island Housing Partnership is offering
counseling assistance and funds to
gap mortgage payment assistance in
certain cases - 631 435-4710. Reverse Annuity Mortgages for the elderly or low interest
flexible loans may be the answer to saving the
home. Family and Children’s Association 516
485-5600 and Long Island Housing Services
631 467-5111 provide counseling on RAMS.
Negotiating new payment schedules can also
offer relief. But the reality is that many other
families may not be so lucky, especially
where the families are faced with household
expense that are just unaffordable. For more
general information call at 631 232-2400 Ext
3369.
EPIC and Part D
The Part D Medicare Prescription program went
into effect at the beginning of 2006 offering prescription coverage to Medicare recipients, in some
cases automatically. Many seniors who were enrolled in EPIC, a low cost, stand alone prescription
insurance plan offered in N.Y., opted to stay with
EPIC and were not required to enroll in Part D.
As of July 1, 2007 EPIC enrollees will be required to join Part D with only a few exceptions.
EPIC will enroll Medicare recipients in a basic
Medicare drug plan as of July 1 using its records to
select the best basic plan. Seniors can choose their
own plan if they prefer by contacting EPIC within
30 days of receiving the notification letter. Members under the EPIC fee plan will continue to pay
EPIC who will in turn pay the monthly Part D
premium up to $24.45 per month. Any difference
in the premium will be charged to the recipient.
Members in the EPIC deductible plan will receive
an annual credit toward their deductible of the annual cost of the Part D premium at the rate of
$24.45 a month. Included in the groups of EPIC
seniors exempt from mandatory enrollment in Part
D are non-Medicare recipients, those who have
retiree coverage for whom Part D would jeopardize this coverage, and those whose Part D premium exceeds $24.45 per month. For more information call the EPIC Helpline at 1-800-332-3742.
SCDSS-Smithtown Center
The Suffolk County Department of Social Services has
moved their Smithtown Center to:
200 Wireless Blvd
Hauppauge, NY 11788
Don’t leave them in the dark—
Please share a copy of this
newsletter with your colleagues.
This is also the new site for Suffolk Fair Hearings. The
mailing address and all the Center’s telephone numbers
have remained the same. The new location is accessible by Suffolk County Transit Bus routes S62, S33,
3A and 3B.
L A W S ERV I CES N EWS
PAGE 5
PRO BONO PROJECT
LIMITED SHARE RAFFLE
to be held on Thursday, June 14, 2007, 6:00 p.m. at
560 Wheeler Road
Hauppauge, NY
presented by the
Suffolk County Bar Association Pro Bono Foundation
First Prize:
Second Prize:
Third Price:
$7,500
$2,000
$1,000
Seller of the winning ticket wins $250
PLUS OTHER PRIZES AWARDED!
You do not have to be present to win.
$100 PER TICKET
Only 300 tickets will be sold!
I plan to attend the dinner on Thursday, June 14, 2007
If not present, I choose
split ,
no split of 1st prize only.
Make check payable to SCBA Pro Bono Foundation and mail to : 560 Wheeler Road, Hauppauge,
NY 11788-4357. For further information call (631) 234-5511.
Please find enclosed payment in the amount of $
for
Limited Share Raffle to be held on Thursday, June 14, 2007
Check enclosed
Credit card:
MC
Visa
AMEX
tickets for the Pro Bono Project
Discover
I plan to attend the dinner on Thursday, June 14, 2007. If not present, I choose
split of 1st prize only.
Name(s):
Credit Card #:
Expiration Date:
Name and address of ticket holder:
Sold by:
Date:
split ,
no
L A W S ERV I CES N EWS
PAGE 6
WE NEED YOUR HELP !
NASSAU/SUFFOLK LAW SERVICES COMMITTEE, INC. (NSLS) is conducting a confidential survey to help us determine how to best focus our efforts. Here’s your chance to have input
into the work we do. PLEASE COMPLETE THE FOLLOWING QUESTIONNAIRE AND MAIL
TO:
Nassau/Suffolk Law Services Committee, Inc.
One Helen Keller Way - 5th Floor
Hempstead, New York 11550
ATTN: LIZ WOLF
THANK YOU FOR YOUR COOPERATION AND PARTICIPATION
YOUR ORGANIZATION: ______________________________________________________
STREET ADDRESS: ____________________________________________________
CITY, STATE AND ZIP CODE: ____________________________________________
PHONE: _________________________________________________________________
RESPONDER (AND TITLE): ________________________________________________
DATE: ___________________________________________________________________
PLEASE ANSWER THE FOLLOWING QUESTIONS.
1. What population does your organization serve (i.e. senior citizens, HIV-infected, homeless)?
_____________________________________________________________________________
2. What types of services does your agency provide? ________________________________
____________________________________________________________________________
3. Approximate number of people served during the 2006 calendar year: ________________
4. Have you ever referred a client to Nassau/Suffolk Law Services? ____ Yes ____ No
5. If yes, have you generally been satisfied with the result obtained for your client (s)? ____ Yes
____ No
6. If no, please share with us the reason why: _________________________________________
______________________________________________________________________________
L A W S ERV I CES N EWS
PAGE 7
7. We welcome any additional comments you can offer concerning how we may better serve your
clients
8. Below is a list of critical needs of the community we serve. Please give us your opinion as to
their importance by ranking them from 1 to 6, with 1 being the most important and 6 being the
least important.
_____ Preserving the Home (e.g. landlord/tenant, including evictions & foreclosures; public housing, including Section 8)
_____ Economic Stability (e.g. Social Security (SSI & SSD); unemployment insurance; veterans
benefits; welfare (public assistance, food stamps))
_____ Individual Rights (e.g. employment (job discrimination); housing discrimination; rights of
immigrants; people with disabilities (public accommodations, employment); education
_____ Access to Health Care (e.g. medicaid)
_____ Consumer Rights (e.g. bankruptcy; debtor/creditor; wage garnishments)
_____ Ensuring the safety, stability and health of families (e.g. child support; custody/visitation;
divorce/separation; spousal abuse; future care and custody planning)
_____ Other _________________________________________________________
9. Do you view our provision of Community Legal Education (programs/trainings and leaflets
about legal rights/issues) as a priority in the community? ________ Yes ________ No
Thank you again for helping us to help the community we serve.
Your financial support is also greatly appreciated.
L A W S ERV I CES N EWS
PAGE 8
Law Services Honors Volunteers With Gala Luncheon
“Never doubt that a small group of committed people can change
the world; indeed, it is the only thing that ever has.” Margaret Mead
Irwin Rugendorf
Bobby Schleicher
Ray Schleicher
On April 18th, 2007, Law Services honored our volunteers with the first annual Volunteer Recognition Luncheon. Special
honorees Irwin Rugendorf, Ray Schleicher and Roberta “Bobby” Schleicher who have been an integral part of the volunteer team since 1998, were presented with plaques by Jeff Seigel, Executive Director and Maria Dosso, Staff Attorney. In
addition to the many volunteers Law Services has had over the years the following were also present and honored: Barbara
Vallee, Adjaratu Aminu, Karen Rosales, Claudia Pace and Rhoda Selvin. Big thank yous to Barbara Liese and Maria Dosso
for turning our library into a catering hall and for the sumptuous feast enjoyed by all!
*
*
*
New York State Bar Foundation representative Tom Levin, also a member of Nassau Suffolk Law Services' Advisory Council, presents Jeffrey Seigel with a generous donation of $7500 to be used in new Intake initiative. Our sincere thanks to the Bar Foundation in supporting our work on Long Island.
L A W S ERV I CES N EWS
PAGE 9
Volunteer Attorney Recognized for His Work
By Rhoda Selvin
About a year ago at a meeting where ways to recruit new attorneys to the Volunteer Lawyers
Project panel was under discussion, Stephen W. Schlissel volunteered to accept a new case every few
weeks for his firm, assign them to associates, and supervise them. For his conscientious fulfillment of
this offer and for his prodigious fund raising through the We Care Fund, which has been very generous to VLP, Schlissel has been named Pro Bono Attorney of the Month for March 2007.
The firm of Schlissel, Ostrow, Karabatos, & Poepplain, PLLC has so far accepted six VLP
cases–with only a slight change from the original offer: Sometimes a partner takes one of the offered
cases. Schlissel himself spends time each month supervising and consulting with the attorneys he has
assigned to the cases, going over what has been done and what needs to be done.
Schlissel, who graduated from the Wharton School of the University of Pennsylvania and
Harvard Law School (cum laude), was also named Pro Bono Attorney of the Month in December
1999, along with another attorney. Then it was for a program involving student interns, reflecting his
many years of teaching in local law schools. He has been an adjunct professor at Hofstra School of
Law, Brooklyn Law School, and Touro College, Jacob D. Fuchsberg Law Center.
Because Schlissel’s list of activities and honors is so long, this space will recognize only some
of his current activities and honors paid him since December 1999. He devotes most of his free time
to the We Care Fund as its fund-raising chair and chair of its annual outing. The latest outing netted
about $125,000. In addition to membership in the Nassau County, New York State, and American
Bar Associations, he is co-chair of the Nassau County Committee on Women in the Courts–and proud
of being the first male ever to chair or co-chair the committee. Having co-founded the PEACE program (Parent Education and Custody Education) years ago to ease the emotional impact of changing
family dynamics, he is still active in it. The Nassau and Suffolk programs are managed by his law
firm. He was recently selected for the eleventh edition of The Best Lawyers in America, one of fewer
than 150 family lawyers selected in all of that reference work’s editions. He is also one of nineteen
members of the New York State Attorney-Client Resolution Board, appointed first by Justice Mangano and then by Justice Prudenti.
Schlissel, who lives in Manhasset, has been married for forty-six years and has three daughters, three sons-in-law, and seven grandchildren. His wife Jean was a microbiologist at South Nassau
Communities Hospital for seventeen years. His four grandsons and three granddaughters range in age
from thirteen to five.
Throughout his career Stephen W. Schlissel has made important contributions to legal circles
in the county, state, and nation; he has always made the indigent an important part of his professional
and philanthropic life. It honors the Volunteer Lawyers Project to honor him as Pro Bono Attorney of
the Month.
L A W S ERV I CES N EWS
PAGE 10
Summer 2007 Training Schedule
We will be conducting trainings at our Suffolk site: 1757 Veterans Hwy, Suite 50, Islandia . To pre-register, please call the Training
Line at 631 232-2400 Ext 3357 or you may e-mail Cathy Lucidi at [email protected]. The fee is $30 per person per training session
and is payable to “Nassau Suffolk Law Services”. To confirm your phone reservation, or e-mail reservation please mail your payment
in advance of the training date with the registration form below. Space is limited so register early.
Public Assistance for People With Disabilities Though we don’t usually think of welfare as a
grant for disabled individuals, the reality is that hundreds of public assistance applicants and
recipients suffer from varying degrees of medical and psychiatric conditions. This often makes
the application process and the renewed emphasis on work participation and compliance particularly onerous. This seminar will suggest some strategies and interim measures to ease the
process for those awaiting SSI/SSD. Thursday June 7, 2007 9:30-12:00 Islandia $30
Legal Resources on Long Island Though free legal resources on Long Island are scarce, this
seminar will provide an overview of the various free and low cost legal assistance programs that
are available to low income families. We will also discuss how some problems can be handled
by an advocate where a free or low cost attorney is not available. Wednesday June 13, 2007
9:30-12:00 Islandia $30
Landlord Tenant Law An overview of Landlord Tenant Law including a description of legal
eviction proceedings (nonpayments and holdovers), problems with illegal evictions, warranty
of habitability, Section 8, mobile home law, rent arrears, etc. Wednesday June 20, 2007 9:3012:30 Islandia $30
Training Registration Form
Name
Agency Affiliation
Title of Training(s)
Date and site of Training(s)
Amount Enclosed
or Will Be Sent on a Later Date
Please return with applicable fee to: Nassau/Suffolk Law Services, 1757 Veterans Highway, Suite 50, Islandia, N,Y. 11749
Attn: Cathy Lucidi. This form may also be faxed to Cathy at (631) 232-2489
L A W S ERV I CES N EWS
PAGE 11
Nassau/Suffolk Law Services Committee, Inc.
Sorry for the Oversight
1 Helen Keller Way, 5th Fl. Hempstead, N.Y. 11550
(516) 292-8100
1757 Veterans Memorial Hwy., Suite 50, Islandia ,
N.Y. 11749
In our February newsletter we mistakenly left Ann
Rosner out of our Staff Anniversary piece. Ann
Rosner is a paralegal in our Child Support Unit in
Nassau County and has just recently celebrated her
10 year employment anniversary with Law Services!
(631) 232-2400
313 W. Main St.., Riverhead, N.Y. 11901
(631) 369-1112
New Staff
We’d like to welcome Rose Caputo, Staff Attorney, to
our Senior Citizen Law Project in Nassau County.
“Equal
Justice
Under
Law”
Shop On-Line and Make a Donation
to Law Services at the
Same Time
Please remember that now when you shop on-line, you can also make a donation to Law Services at no extra cost to you. MyCause.com will donate
3% to 12% of your purchase to Law Services, you pay nothing extra. It’s as
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1.
Visit MyCause.com
2.
Select a vendor you wish to make a purchase from, make the purchase
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Choose a Cause from the Listing – Please choose Nassau/Suffolk Law
Services located in Hempstead, NY
There are many vendors to choose from such as Amazon, Barnes &
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Wow! With “ My Cause” I
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www.MyCause.Com
Registration-free online shopping. Your purchases
help support your cause. You pay nothing extra!
Message from the Executive Director
We are happy to report that funding for civil legal services was included for the first
time in the Governor's Executive budget and was finally approved at a level of $8
million in the final budget. As a result, the added funding for these critical services will expand access to justice across the state. Our deepest appreciation to all
those who supported New York's legal services programs in the fight to make this
historic funding a reality, including Governor Spitzer, Chief Justice Kaye and Justice
Newton, Helene Weinstein and key members of the State Assembly and Senate.
We include our newsletter recipients in our family of supporters and thank you for acknowledging our
value to the Long Island community. As part of our ongoing fundraising efforts we have attached our
donation envelopes in this issue and hope you can make a contribution to our important mission : to
provide quality legal services in a manner that respects the individual’s dignity and helps ensure that
each person is afforded the full protection and benefits of the law.