ADVOCACY TIPS FOR DECEMBER |
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ONE
Apply today! OTDA ERAP portal will most likely close on January 15th, 2023 due to lack of funds. OTDA (Office of Temporary and Disability Assistance) is currently processing eligible ERAP (Emergency Rental Assistance Program) applications submitted through September 30, 2022. This means that if a tenant submitted an ERAP application through OTDA before September 30, 2022, then OTDA will be denying or approving the application soon. Although some towns (such as Town of Brookhaven) have spent their allocated ERAP funds, residents in all towns can still apply for ERAP through the OTDA portal. Although the application may not be approved due to lack of funds, any eviction proceeding should be stayed (temporarily stopped) if there is a pending ERAP application until there is a final decision including going through any appeals process. The Towns of Islip, Hempstead, and Oyster Bay have a separate portal where residents can apply. See the information below. For the New York State Program, applications from subsidized housing tenants whose rent is limited to a certain percentage of income (e.g. section 8) are not currently able to be paid. State law requires that these applications be paid after all other eligible applicants have been reviewed and paid. Therefore, at this time, none of the subsidized housing applications can be paid regardless of the date their application was submitted. For the Oyster Bay and Hempstead programs, subsidized housing tenants may apply but only to the extent of the tenant's paid portion of the rent and utilities that remain after adjustment by the subsidy provider for changes to household income. Long Island residents with rental and utility arrears should apply now for assistance before the funds run out. If you receive a decision on your ERAP application that you disagree with, make sure to appeal within thirty (30) days by calling 844-691-7368 or filling out the OTDA online application form. To apply and determine eligibility, visit the OTDA website.
Residents of Hempstead
Residents of Islip
Residents of Oyster Bay
Other Long Island Towns
OTHER RENTAL ASSISTANCE PROGRAMS
Suffolk and Nassau County DSS- The Department of Social Services has programs available to provide help with receiving shelter or rent arrears to prevent homelessness. Please visit https://otda.ny.gov/workingfamilies/dss.asp to find the contact information for your local Department of Social Services.
Nassau Suffolk Law Services, in partnership with Empire Justice Center, can now assist Nassau and Suffolk residential tenants with housing-related legal problems (like eviction) and a household income of up to 80% of the Area Median Income. Services are available through this partnership regardless of immigration status. Please call the office closest to you to see if you are eligible for legal services. Interpreters are available. Suffolk residents west of 112 can call 631-232-2400 and east of 112 can call 631-369-1112. Nassau residents can call 516-292-8100. Feel free to share our flyer in both English, Spanish, and Haitian-Creole
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TWO
Do you have a client who had their SNAP or cash benefits stolen due to a "skimming" scam? Fraudsters "skim" credit and debit card information by secretly installing a device on ATM readers that send credit card numbers and pin numbers back to the thieves. Congress recently passed the omnibus bill that included a provision to require states to replace a maximum of two months' worth of stolen SNAP benefits stolen from October 1, 2022, through September 30, 2024. New York will create a plan on how to enact the law over the next few months.
NSLS' Public Benefits Unit provides legal assistance to persons who experience problems with public benefits programs that are administered by the local Departments of Social Services, including:
- Welfare (TANF and Safety Net)
- Medicaid
- Food Stamps (SNAP)
- Child Care Assistance
- HEAP
- Emergency shelter for the homeless
- Unemployment insurance appeals and overpayments
- Other emergency assistance programs
We also assist low-income households in establishing Supplemental Needs Trusts to eliminate the Medicaid spend-down and assist homeless families to obtain rent supplements from DSS to enable families to leave the shelters or retain permanent housing. Suffolk residents west of 112 can call 631-232-2400 and east of 112 can call 631-369-1112. Nassau residents can call 516-292-8100.
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THREE
New Medicare Enrollment Rule from the Centers for Medicare and Medicaid Services! Beginning in January 2023, the rule establishes several new special enrollment periods (SEPs) that allow individuals to enroll in Medicare Part B without penalty if they missed their initial enrollment due to exceptional circumstances, including: a government-declared disaster or emergency; termination of Medicaid coverage; an employer or health plan error; and release from incarceration. Also, effective January 2023, Medicare coverage will begin the month following enrollment in all circumstances. Read more about these changes and others in CMS’s summary and the final published rule.
Additionally, starting in 2023, Medicare will cover dental services necessary to treat infections prior to or contemporaneous with an organ transplant, cardiac valve replacement, and valvuloplasty procedures; and for head and neck cancers starting in 2024.
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FOUR
Medicaid Changes for 2023: (1) The Medicaid Income Eligibility level for people 65 and over and people with disabilities will rise to 138% of the federal poverty level; (2) The Medicaid asset limit for people 65 and over and people with disabilities will increase (ex. single person’s asset limit will increase from $16,800 to $28,133); (3) The eligibility level for the Medicare Savings Program will increase; (4) Undocumented immigrants age 65+ will qualify for full Medicaid; and (5) Income eligibility for the Essential Plan (health insurance for those under 65 with higher income) will increase from 200% to 250% of the Federal Poverty Level and expands coverage to include long term care.
These changes may affect your clients’ spend-downs and/or need for a supplemental needs or pooled income trust. Please feel free to have your clients reach out to our offices to see if adjustments should be made before any action is taken.
NSLS' Public Benefits Unit provides legal assistance to persons who experience problems with public benefits programs which are administered by the local Departments of Social Services, including:
- Welfare (TANF and Safety Net)
- Medicaid
- Food Stamps (SNAP)
- Child Care Assistance
- HEAP
- Emergency shelter for the homeless
- Unemployment insurance appeals and overpayments
- Other emergency assistance programs
We also assist low-income households in establishing Supplemental Needs Trusts to eliminate the Medicaid spend-down and assist homeless families to obtain rent supplements from DSS to enable families to leave the shelters or retain permanent housing. Suffolk residents west of 112 can call 631-232-2400 and east of 112 can call 631-369-1112. Nassau residents can call 516-292-8100.
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PREVIOUS LSCA TRAININGS
The Basics of SSI/SSDI Cessation and Overpayment LSCA training was held virtually by Supervising Attorney John Batanchiev on December 2nd, 2022. This presentation gave an overview of when the Social Security Administration determines that a client does not qualify for SSDI or SSI resulting in an overpayment to the government. We will discuss basic information about the SSDI and SSI programs, the income and resource limits for each program, what a cessation and overpayment issue is and the ways to resolve it for a client. Please register to view the training.
The Family Law Basics for Advocates LSCA training was held virtually by Supervising Attorney Larry Tuthill, Domestic Violence Unit Staff Attorney Kayla Schunk, and Family Law Unit Staff Attorney Vicki Davies on October 27th, 2022. This presentation gave an overview of the basics of common family law topics including custody, support and orders of protection and where you or your clients can go for more help. Please register to view the training.
The Navigating Special Education in New York LSCA training was held virtually by Danielle Leake, Education and Disability Rights Unit Staff Attorney, on September 8th, 2022. Ms. Leake gave a general overview of both federal and state special education laws, as well as provide a step-by-step guide on how to navigate and secure special education services for students with disabilities in New York State. Please register to view the training.
The Role of An Advocate LSCA training was held virtually by Cathy Lucidi, Director of Community Relations on June 9th, 2022 providing tools and tips on how to be the most effective advocate you can be. Please register to view the training.
The Accessing Healthcare and Preventing Medical Debt LSCA training was held virtually on April 28th, 2022 by Nassau Suffolk Law Services Supervising Attorney Sharon Campo and the Health and Welfare Council. The presentation discussed how to apply for healthcare (including Medicaid), what to do when you are denied health insurance or your health insurance denies a claim, the new Surprise Bill Law, and how to handle medical debt collection. Please register to view the training.
The Post Foreclosure Options LSCA training was held virtually by Kathy Maher, Foreclosure Unit Staff Attorney, on March 31st, 2022. Ms. Maher discussed actions to take if you are assisting someone who is at risk of foreclosure or is already in court for a foreclosure. This presentation is appropriate for attorneys and advocates alike. Due to technical difficulties, a recording of this presentation is not available. Please register to download the presentation slides.
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If your organization is interested in having Nassau Suffolk Law Services present on what services we provide or a specific area of law, please contact the Legal Support Center for Advocates at 631-232-2400 extension 3324 (advocates only). |
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UPCOMING CLINICS, EVENTS, AND
LEGAL HELP RESOURCES
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Upcoming Community Legal Help Project dates
Our Community Legal Help Project will be at the Brentwood Public Library and the Middle Country Public Library (Centereach) on the below dates. Appointments are preferred but walk-ins are welcome. To make an appointment or for other legal issues not listed, please call our hotline at (631) 822-3272.
For January at the Brentwood Public Library (34 Second Ave., Brentwood, NY 11717):
Tuesday 1/10/23 2-5pm
- Attorney(s) will be available to see Suffolk residents on Family or Criminal related legal issues.
- Attorney will be available to see Suffolk residents over 60 in the areas of housing and utility issues, income/nutrition/benefits, health/long-term care, and advanced care directives, and consumer-related legal issues.
Tuesday 1/17/23 2-5pm-
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Attorney(s) will be available to see Suffolk residents on Family or Criminal related legal issues.
Tuesday 1/24/23 2-5pm-
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Attorney(s) will be available to see Suffolk residents on Family or Criminal related legal issues.
Tuesday 1/31/23 2-5pm
- Attorney(s) will be available to see Suffolk residents on Family, Criminal, Immigration, or bankruptcy-related legal issues.
For January at Middle Country Public Library in Selden (101 Eastwood Blvd., Centereach 11720):
Thursday 1/5/23 3-6pm
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Attorney will be available to see Suffolk residents on Family or Criminal related legal issues.
Thursday 1/12/23 3-6pm
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Attorney(s) will be available to see Suffolk residents on Family, Criminal, bankruptcy and mortgage foreclosure-related legal questions.
Thursday 1/19/23 3-6pm
- Attorney will be available to see Suffolk residents over 60 in the areas of housing and utility issues, income/nutrition/benefits, health/long-term care, and advanced care directives, and consumer-related legal issues.
The Community Legal Help Project is seeking volunteer attorneys with experience in matrimonial, family, and immigration law to give half-hour consultations during our library hours. If you are interested, please email us today!
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Are you looking to give back to the community while also getting paid? We would love to have you apply for our currently open attorney and paralegal positions. To find out more, go to our website.
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A little more about our volunteer needs: |
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- Volunteer attorneys needed to assist pro bono clients with direct client representation in family, bankruptcy, matrimonial, and elder law
- Provide half-hour legal consultations with our Suffolk County library project in immigration, matrimonial, family, landlord/tenant, elder, consumer, and more
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- Law Student / Paralegal/ Pre-law undergraduate internships
- Assist Law Services Staff with intake, case analysis, case referral, and recruitment of volunteer attorneys
- Nassau County Volunteer Landlord/ Tenant Attorney for a Day
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GIVE AND MAKE A REAL DIFFERENCE FOR LONGISLANDERS IN NEED |
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Thank you to all of our 2022 Giving Tuesday supporters! Our Giving Tuesday Campaign running through the end of the year! This year we reach out to all of our supporters in hopes that you will continue to support Law Services, the largest provider of free civil legal assistance to Long Islanders in need. The past few years have shown us when we help, respect, and support each other, together we can accomplish anything, and our Long Island communities will once again thrive. For many Long Islanders, having a stable income, permanent housing, access to healthcare, and, most importantly, access to equal justice under law, gives them the support they need to begin to rebuild their lives.
This year we are asking you to consider signing up for monthly recurring donations in the amount of $30 or more and make a significant impact on Long Islanders most vulnerable residents and families. Your continued support can really make a difference to your neighbors in need by assisting Nassau Suffolk Law Services in “Doing What’s Legally Possible to Create a Just World.” We are Long Islanders helping Long Islanders.
Though Giving Tuesday was November 29, 2022, we are running the campaign through the end of the year. We will hold our standard Giving Tuesday Campaign along with our new Lawyer Led Campaign*. We are asking all law firms to have their associates recruit monthly recurring donors from their colleagues in the amount of $30 or more. A friendly competition within your law firm and among other law firms. All law firms who participate will be acknowledged and listed on our website. The law firm that has the most colleagues sign up for monthly recurring donations will be acknowledged as our Gold Medal Support, the second highest as our Silver Medal Supporter, and the third highest as our Bronze Medal Supporter. Framed appreciation certificates will be given to each of the associates who participate as well as the firm they are employed with. All monthly recurring donors will receive a beautiful canvas tote. For more information on how your law firm can participate in the lawyer-led campaign, please contact Cathy Lucidi, Director of Community Relations at 631 232-2400 Ext. 3324.
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NASSAU SUFFOLK LAW SERVICES
631 232-2400 | 516 292-8100 | 631 369-1112
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