DO YOU WORK WITH PEOPLE WHO ARE MISSING PART OF THEIR COVID STIMULUS?
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Seniors Unit Helps Older Americans Facing Illegal Medical Debt
In New York, medical debt collection activities are illegal against people who were eligible for Medicaid at the time they received services. Providers are responsible for determining whether a patient is eligible and assisting the patient with an application. Still, nursing homes and other providers may bill and attempt to collect against vulnerable low-income patients who should have been covered by Medicaid. Patients who are unaware of their rights may feel pressured to use their Social Security Income, which is exempt from debt collection, to pay these bills. The NSLS Senior Citizen Law Project and the Consumer Debt Legal Assistance Project help clients facing improper debt collection actions.
For example, a woman with low income contacted us when a nursing home facility sued her following an extended stay after a hospitalization. Our client was clearly eligible for Medicaid, but the nursing home had failed to assist her in filing an application. As a result, thousands of dollars in bills accumulated. Rose Caputo, staff attorney with our Senior Citizen Law Project approached the nursing home about a settlement. The nursing home refused to settle at first, even though our client did not have any assets or income that would be subject to collection.
At an initial conference, Caputo informed the court that the nursing home had failed to apply for Medicaid on her clients' behalf. Proceeding with the lawsuit would also be futile because our client was living in a different nursing home. Even if she had non-exempt income, her new nursing home would be entitled to virtually all of such income. As a result, going forward with this lawsuit would be futile. The judge agreed and asked the nursing home attorney whether litigation would make sense under the circumstances of this case. The nursing home attorneys agreed to discuss the matter with their client, and the case was ultimately dismissed with prejudice.
Case closed!
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The IRS has sent out two stimulus payments to help people get through the COVID-19 pandemic. It will send out a third payment soon. Most people with Social Security Numbers qualify for this money, but lots of people have not received all of the money they should have.
Filing a 2020 tax return will help people who do not ordinarily file get all of the money they are owed. It will also help people who did not get the full amount they are entitled to, and it will help people get future payments.
The filing deadline is May 17, 2021.
Groups who are most likely to need to file now to get the full amount they are entitled to include:
-People with low incomes who do not normally file tax returns and do not receive Social Security benefits or SSI. People who started receiving disability benefits for the first time in 2020 may also need to file now.
-People who lost their job or lost income in 2020, but were not eligible for the full stimulus based on their 2019 income.
-People who received the full stimulus for themselves, but did not receive a stimulus payment for their dependents.
Free tax help is available from the Health and Welfare Council of Long Island (516-738-0447) and at many public libraries on Long Island. A local site can be found here.
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LEGAL SUPPORT CENTER FOR ADVOCATES WEBINAR |
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CONSUMER DEBT COLLECTION BASICS FOR ADVOCATES
Friday, April 9, 12:30-1:30 p.m.
Presented by Sharon Campo, Esq.
Staff Attorney
Consumer Debt Legal Assistance
Private debt collection continues despite the pandemic. Many people may also face substantial money judgments if they fell behind on rent during the pandemic. Come learn about the basics of the consumer debt collection process and debtors' rights. Topics covered will include:
Credit Reports | Debt collection calls and letters | Debt collection lawsuits |
Judgments | Exempt income | Debt relief options | Car loans | Medical debt
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PROGRAMS FOR GENERAL AUDIENCES |
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IN PARTNERSHIP WITH THE MASSAPEQUA PUBLIC LIBRARY
LIFE PLANNING
BASICS
Thursday, April 22, 2:00 p.m.
Presented by Dan Okrent, Esq.
Staff Attorney
Senior Citizen Law Project
Being prepared for a health crisis is critical at every stage of life, but many people aren't sure how to get started. Come learn about health care proxies, advance directives, powers of attorney, and basic Medicaid and estate planning considerations.
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VETERANS RIGHTS
Thursday, June 24, 2:00 pm
Presented by NSLS Veterans Rights Project
Benefits and services from the Veterans Administration are critical for many who served in our armed forces. Join us to learn about how to overcome common obstacles to accessing Veterans Administration services, including upgrading discharge status. The presentation will also cover legal issues affecting Long Island Veterans as a result of the pandemic.
SAVE THE DATE!
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Is your organization interested in learning more about how COVID-19 has impacted the legal issues low-income and marginalized people confront?
Contact the Legal Support Center for Advocates to request training geared toward the interests of your organization. The Legal Support Center for Advocates is also available to meet virtually with your staff to discuss the services that Law Services provides and how to make appropriate referrals for legal assistance. Contact us at (631) 232-2400, ext. 3324 (Cathy Lucidi) or ext. 3309 (Vivian Storm).
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IN PARTNERSHIP WITH THE COPIAGUE MEMORIAL PUBLIC LIBRARY
UNDERSTANDING MEDICAID MANAGED
LONG-TERM CARE FOR FAMILIES
Thursday, April 22, 6:00 p.m.
Presented by Agnes Bonavoglia, Esq.
Staff Attorney
NSLS ICAN Unit
ICAN, or Independent Consumer Advocacy Network, supports people in Medicaid long-term and managed care plans who need services in the community, like home attendants or adult daycare. This presentation for Medicaid recipients, families, and caregivers will describe Nassau Suffolk Law Services' ICAN Unit. Learn about the assistance, advocacy, and representation we provide for Long Island residents receiving long-term care in the community. The presentation will also discuss the benefits and services Medicaid long-term care programs provide. It will explain how to access those services and what rights a participant has. Finally, learn how to address quality issues or denials of services.
Bring your questions about the 2020 Medicaid amendments!
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HOMEOWNERS RIGHTS DURING THE PANDEMIC
Wednesday, July 21, 6:00 pm
Presented by NSLS Foreclosure Prevention Project
Many homeowners are struggling to pay their housing expenses because of the pandemic. Come learn about homeowners' rights and options from Nassau Suffolk Law Services' Foreclosure Unit.
Topics discussed will include options for working with your lender and the foreclosure process, including:
- Forbearance;
- Repayment plans;
- Loan modifications;
- The foreclosure process; and
- Homeowner assistance programs.
SAVE THE DATE!
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The information contained in this material is not legal advice. Legal advice depends upon the specific facts of each situation. These materials cannot replace the advice of competent legal counsel. |
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