Legal Aid Society of Columbus Kate McGarvey Deputy Director & Managing Attorney, Public Benefits Unit

 Nonprofit law firm providing free civil legal services and pro bono programming for indigent clients in Central Ohio  Two offices:  Columbus office provides services to residents of Franklin and Madison counties  Located at 1108 City Park Avenue Columbus  Marion office provides services to residents of Delaware, Marion, Morrow and Union counties  Located at150 Oak Street Marion 43302

 Income guidelines  Total household income must be at or below 200% of the federal poverty line  Citizenship guidelines  Lawful Permanent Resident  Asylee  Refugee  Alien who is (1) married to US citizen (2) a parent of US citizen or (3) has filed an application for adjustment of status to permanent residency  Individual granted withholding or deferral of deportation or removal  Conditional entrant

 Scope of services provided  Counsel and advice  Brief service  Extensive representation  Representation at a hearing  Appeals to Court of Common Pleas, Court of Appeals and Federal District Court  Referrals

Consumer  Foreclosure, debt collection, predatory lending, creditor harassment, scams, car repossessions (other used car issues), wage garnishments, bankruptcy  Bankruptcy By-Pass  Available for elderly or disabled individuals who are long-term “uncollectable”  Individuals with fixed income such as Social Security, Supplemental Security Income, or a pension who are being harassed by creditors  Legal Aid sends out letters to the client’s creditors telling the creditor that the client is long-term uncollectable and to stop contacting the client under the Fair Debt Collections Practices Act

Domestic  Divorce  Priority placed on cases involving children, marriages longer than 10 years, victims/survivors of domestic violence or other vulnerabilities  Child custody  Initial custody cases, priority placed on cases involving domestic violence or other vulnerabilities  Representation in modification proceedings when caller has already been designated the residential parent  Child support  Representation for obligees when part of a divorce or custody case  Representation for obligees when their child support cases are dismissed because of a custody filing  Limited representation of obligors if asserting a disability  Spousal support  Civil Protection Orders (domestic violence)  Representation for victims/survivors by filing petitions for CPOs and stalking protection orders  Representation of petitioners who have already filed and need assistance at full hearing

Housing  Evictions from subsidized housing (Section 8, HUD or public)  Lockouts (without the eviction process) or Utility shut-offs (in landlord’s name)  General housing conditions issues  Banning visitors from rental housing  Security deposit issues  Termination of Section 8 voucher, subsidized housing eligibility issues  Public housing application denials  Issues relating to tenants in foreclosed properties

Tax  Assistance with disputes with the IRS including audits, tax court petitions, garnishments and collection issues, innocent spouse issues or ID theft  Specifically, handle calls from individuals who have received:  Letter from IRS notifying that tax return is being audited or examined  Letter from the IRS notifying of a deficiency in taxes  Notice of lien placement on property or garnishment of wages due to past taxes  Bill received from IRS for taxes from a joint return  Letter from IRS concerning Earned Income Tax Credit  Calls regarding owing tax debt and inability to pay

 Volunteer Resource Center  In-house volunteers link individuals with pro bono attorneys for handling of:  Private eviction cases  Consumer debt issues  Credit card collection cases brought by debt buyers and original creditors  Unemployment Compensation appeals  Rent escrow cases Pro Bono and other Referrals

Case Referral Projects  Chapter 7 Pro Bono Program  Individuals with income below 100% fpl may be eligible for a pro bono bankruptcy  Court costs for these clients are generally waived, but individual may be responsible for costs associated with obtaining a credit report and credit counseling classes  Individuals who are currently collectable or dealing with an issue that necessitates a bankruptcy (utility shut-off for example) are prioritized  Senior referrals for Wills, Living Wills, and powers of attorney  Low-Income Taxpayer Clinic  Legal Aid Reduced fee Referral Project (LARP)  Uncontested divorces  Chapter 7 Bankruptcies  Individuals pay reduced costs to cover legal representation and filing fees Pro Bono and other Referrals

Limited Assistance Clinics  Wills  Fresh Start Clinics  Expungement forms preparation, Certificate of Qualification for Employment  Naturalization Clinics  Private attorneys assist lawful permanent residents with questions and help completing naturalization application  Education Clinic  Ensuring children with disabilities receive adequate supports Brief Advice and Referral Clinics  Churches, Homeless Shelters, VA Pro Bono and other Referrals

Public Benefits  Terminations, reductions or denials of eligibility for the following programs:  Food Assistance, Medicaid, Medicare, Ohio Works First, Prevention Retention and Contingency, Title XX child care, Unemployment Compensation, Disability Financial Assistance, Medicare Savings Programs  Medicaid—includes denial, reduction or termination of home care services  Loss or denial of Veterans benefits  Terminations or overpayments of Social Security benefits  Medical debt issues—lawsuits and assistance with HCAP/charity care  Seniors work including nursing home cases and senior documents (future planning)

 OWF Application denials  Tell them to appeal and refer to Legal Aid  OWF benefit terminations  Tell them to appeal and refer to Legal Aid  Loss of OWF due to time limit  Tell them to apply for a good cause or hardship extension  Denial of good cause or hardship extension application  Tell them to appeal and refer to Legal Aid  Threatened with a sanction  Tell them to appeal and refer to Legal Aid  Lost or stolen benefit card  Tell them to contact their County DJFS office to report the loss; County will provide the individual with the customer service number for the benefit card company  Refer the individual to Legal Aid

 Adult with no children, reports disabling conditions and no income  Tell them to apply for DFA (and Medicaid if no insurance)  DFA application denial  Tell them to appeal and refer to Legal Aid  DFA benefit termination  Tell them to appeal and refer to Legal Aid  Lost or stolen benefit card  Tell them to contact their County DJFS office to report the loss; County will provide the individual with the customer service number for the benefit card company  Refer the individual to Legal Aid

 Individual reports having been terminated from employment  Have the individual apply for UC benefits if they have not done so already  Individual reports having been denied eligibility for UC benefits  Tell them to appeal and refer to Legal Aid  Individual reports having been approved for UC benefits but the employer is appealing  Refer to Legal Aid  Individual reports having received a notice concerning a UC overpayment  Tell them to appeal and refer to Legal Aid

 SSI or SSDI application denials  Tell them to appeal and refer to CBA Lawyer Referral Service or Legal Aid  SSI or SSDI benefit terminations  Tell them to appeal and refer to Legal Aid  SSI or SSDI overpayments  Tell them to appeal and refer to Legal Aid  Individual reports issues with their payee  Tell them to contact SSA immediately to report the issue and to submit a request to change payees; refer the individual to Legal Aid  Lost or stolen benefit card or stolen check  Tell them to contact SSA immediately to report the issue; SSA will provide the individual with the customer service number for the benefit card company; Refer the individual to Legal Aid

 Parent fell behind in rent or utilities due to unexpected expense  Tell them to submit a PRC application  PRC application denials  Was the parent denied eligibility because they received PRC the previous year for the same expense?  Tell them to appeal and refer to Legal Aid  Did the parent already receive PRC assistance within the past 12 months?  Tell them to appeal and refer to Legal Aid  Was the application denied because the parent owes more for rent or utilities than what PRC will pay?  Tell them to appeal and refer to Legal Aid

 Application denials  Tell them to appeal and refer to Legal Aid  Termination of food stamp benefits—whether due to income or not meeting the work requirements (sanction)  Tell them to appeal and refer to Legal Aid  Reduction of food stamp benefits  Tell them to appeal and refer to Legal Aid  Lost or stolen benefit card  Tell them to contact their County DJFS office right away to report the loss; the County will provide the individual with the customer service number for the benefit card company; refer to Legal Aid

 Application processing delays  Refer to Legal Aid  Denials of Medicaid coverage or private insurance through the Exchange  Tell them to appeal and refer to Legal Aid  Termination of Medicaid coverage  Tell them to appeal and refer to Legal Aid  Individual is denied a medical service or home care through Medicaid or Medicare  Refer to Legal Aid  Lost benefit card  Tell them to contact the Medicaid Consumer Hotline at to request a replacement card  Tell them to contact the customer service number for their managed care plan to request a replacement card (can get this information from the Medicaid Consumer Hotline)

 Adult with lower income reports Part B premium is deducted from SSDI benefit each month  Tell them to apply for a Medicare Savings Program  Benefit delay—approved but deduction still occurring  Refer to Legal Aid  Benefit terminations  Tell them to appeal and refer to Legal Aid

 Working parent with low income reports concerns with private child care expenses  Tell them to apply for publicly funded child care  Application processing delay  Refer to Legal Aid  Application denial  Tell them to appeal and refer to Legal Aid  Child care benefit terminations  Tell them to appeal and refer to Legal Aid

 Appeals are made to the Ohio Department of Job and Family Services (ODJFS), Bureau of State Hearings  Request in writing (mail or fax) or by telephone  Bureau of State Hearings:  Timeframe for submitting appeal  15 days from the date of the notice for continuing benefits  90 days total  Appeal Levels  State Hearings  Administrative Appeals—must submit within 15 days of date of state hearing decision  Common Pleas—must submit within 30 days of date of administrative appeal decision

 Levels of Appeal  Redetermination  Must be requested within 21 days from date of initial determination  Appeal to UC Review Commission for Hearing  Must be requested within 21 days from the issuance of the Redetermination decision  Request for Review by UC Review Commission  Must be requested within 21 days from the date of mailing of Hearing Officer’s decision  Common Pleas  Must be requested within 30 days from the date of the Review Commission decision

 Appeal to the Social Security Administration  Levels of appeal  Reconsideration  Administrative Law Judge (ALJ) hearing  Appeals Council  Federal District Court  Time frame for submitting appeal  10 days from date received notice for continuing benefits  60 days from date received notice of previous decision

 Columbus Office  Telephone intake: (614) , toll free  Hours: 9:30 – 3:30 M-F  Marion Office  Telephone intake: (740) , toll free  Hours: 9:00 – 12:00, 1:00 – 4:30 M-F  Online intake for both offices  Intake Intake

Questions? Kate McGarvey