Nassau/Suffolk Law Services Committee

Transcription

1 Nassau/Suffolk Law Services Committee Overview of Achievements, Nearly 6,000 cases for more than 13,700 individuals were handled to completion for the period from April 1, 2016 through March 31, Most of our cases involved threats to the basic necessities of human life. Our staff was able to prevent homelessness, obtain medical care for people with HIV/AIDS, cancer, and other illnesses, address discrimination against and obtain services for disabled persons, help senior citizens retain home health care and avoid nursing home placement, and halt domestic violence. While assisting individual clients is the foundation of our work, these cases also benefited the entire community because, as a result of our efforts, we save the counties and state money through our SSI, public benefits, family law and housing work. More than 2.2 million dollars in federal Social Security benefits, public assistance and Medicaid were obtained by our staff on behalf of low income and disabled individuals on Long Island. More than 6 million dollars were saved by New York State taxpayers through the avoidance of emergency shelter costs and by moving clients off welfare onto federal social security. Through our trainings, partnerships and contacts with hundreds of Long Island social, religious and governmental organizations, we have assisted thousands of Long Islanders obtain knowledge to help their clients. For example, we assist elected officials to obtain essential services for their constituents; we work with health care workers to obtain medical care for clients. We join with mental and physical disability advocates to ensure that their clients' issues are resolved thus helping them obtain employment and lead productive lives. In 2015, we received funding for the first time from the Community Service Society to join the Independent Consumer Advocacy Network (ICAN) in providing education, information, and advocacy regarding long-term managed care. We have added a second attorney this past year. In 2015, utilizing Judiciary CLS funding, we hired our first staff attorney dedicated to providing representation, exclusively to veterans. In 2016, we also added a second staff attorney. We also continued to improve our technology capabilities. We continue to add content to our recently launched Intranet to facilitate communications and enhance resources for staff. We also began implementation in March of 2017 of video conferencing in all 3 offices, and with a separate IOLA grant, we expanded our foreclosure prevention capability by adding 2 staff attorneys in January Our extensive pro bono efforts in conjunction with the Nassau and Suffolk County Bar Associations and the local court administrations produced more than 950 cases providing access to the legal system to more than 2,400 individuals. We continued our private fundraising efforts which included our Annual Fall Reception, which celebrated our 50th Anniversary. Nassau Suffolk This Provider At a Glance Population Served: General Low Income Population Area Served: Nassau and Suffolk Counties Total Funding: $8,631,100 Total IOLA Grant: $1,050,000 Staffing - Full Time Equivalents Total Staff: Lawyers: Paralegals: Other Staff: Types of Services Provided Direct Civil Legal Representation Brief Services Extended Services Hotlines and Other Phone-Based Services Technology and Other Innovations Community Legal Education Pro Se Assistance Collaborations With Other Service Providers Major Cases or Other Advocacy Projects Nassau/Suffolk Law Services Committee - 1

2 Outcomes 13,727 Individuals Benefited from 5,923 Closed Direct Civil Legal Cases Dollar Benefits Achieved for Clients* - Total $15,466,493 Social Security, SSI Benefits: $9,078,891 Other Federal Benefits: $6,248,506 Unemployment Compensation: $9,492 Family Law - Child Support: $78,059 Family Law - Maintenance/Spousal Support: $2,277 Affirmative Judgments: $39,268 Other Benefits: $10,000 Extended Representation Outcomes 6,514 People benefited from extended representation Brief Representation Benefits 5,498 People benefited from legal advice and counsel 964 People benefited from non-litigation advocacy services 751 People benefited by referral to other sources of help *Total includes back awards and total monthly benefits, estimated over 6 months (unemployment compensation), 12 months (equitable distribution of assets, affirmative judgments and other benefits), 36 months (other federal benefits), 108 months (child support), 120 months (Social Security, SSI and spousal support). Examples... Outcomes for Clients fter a five-day hearing, a staff attorney in the Domestic Violence Project was successful in winning a five-year A stay away order of protection for his client. Though this was an unusually long duration for a protective order, the attorney worked hard to advocate for it due to the extraordinary and brutal nature of the abuse. The adversary in the matter was represented and appealed the Family Court order. A second attorney who has had significant appellate experience, followed up on the appeal. The Appellate Division fortunately found for our client in upholding the five year order. The decision commented that the factual issues and credibility of witnesses in a family offense are best resolved in Family Court, thereby deferring to the lower court s decision. Without legal representation in the underlying case and subsequently in the appeal to support the important initial victory, this domestic violence victim would not have had the means to enforce her rights and to protect herself from further abuse. ur attorney in the PLAN Cancer Project represented Ms. S., who was receiving long term disability benefits O under her prior employer due to an ovarian cancer diagnosis. The symptoms and the side effects of her ongoing cancer treatment, which included neuropathy, weakness, fatigue, back and foot pain and shortness of breath, had become extremely debilitating. The insurance company was paying her benefits which the client and her husband relied upon to survive financially. However, after 2 years, the insurance company conducted a review and determined that she could now perform part-time sedentary work. It therefore discontinued her benefits. The client s case was reviewed internally twice, but the insurance company affirmed the discontinuance of benefits each time, despite the overwhelming medical evidence that contradicted its decision to discontinue. Without exception, all of her doctors concurred and stated emphatically in their reports that she could not perform any work at all and was totally disabled. It was clear that the company completely disregarded the medical evidence and opinions provided by her treating physicians, and had no basis to determine that the client could suddenly perform part-time sedentary work. After several internal appeals and many months later, our attorney finally got the discontinuance overturned. The client was awarded her ongoing monthly payments, and a settlement of her claim. The funds have made it possible for the couple to make a down payment on a small house which will vastly improve their living arrangements. Breakdown of Cases by Legal Problem Area People Cases Total 13,727 5,923 Housing 6,837 2,577 Income Maintenance 3,716 1,676 Family Health Other 1, Nassau/Suffolk Law Services Committee - 2 Housing 44% Other 12% Income Maintenance 28% Family 7% Health 9%

3 Other Services Technology and Other Innovations In our ongoing efforts to stay current and increase our efficiency we have taken the following actions: This year we are in the process of setting up Video Conferencing in all three offices. This will enable us to have office wide meetings without having to travel to and from different offices to meet. We also hope to be able to do trainings at one location, but others can join in from whichever office that are located in. Since we are now using Office 365 we will be utilizing the Skype portion of Office 365 to implement the video conferencing. Our intranet has been up and running for about one year now and has been well received by all staff. While we will continue to add to and broaden the scope of services provided on the intranet, we are hoping that are staff will find it very informative and useful. We continue to work with the Office of Court Administration Access to Justice Task Force. A member of our staff is on the New York State OCA Access to Justice Task Force and participates in the monthly webinars and phone conferences. It provides us with an opportunity to learn and share technology with other legal service providers. We have once again updated our Symantec Endpoint Protection and Malwarebytes Endpoint Security on our network to prevent cyberattacks. All our case handlers are provided with Westlaw passwords and access to legal research. We have also added the Westlaw Drafting Assistant to our policy and it will be installed on all workstations for staff with Westlaw accounts. During this past year, all staff member s have been moved to Office 365 and been given new s and passwords. This new systems allows anyone to check their s from any secure location which provides more access to staff when they are out of the office. Legal Services Other Than Direct Legal Representation The Legal Support Center for Advocates (LSCA) provides support services and technical assistance to community agencies and advocates on Long Island. The Center provides the information, consultation, and referral services necessary for lay persons and clients to advocate effectively in welfare and other poverty-related matters. LSCA s services have included extensive outreach, community advocate and client training events, the dissemination of educational materials, participation in corporate-sponsored, court-sponsored and legislaturesponsored informational events, and a phone consultation service to community advocates. In addition, the publication and distribution of our agency newsletter, Law Services News, continues to be well received with new subscribers being added every week. Our E-News service, Legal Lessons, supplements the regular distribution of the newsletter. Our current combined mailing list for these publications includes over 7,700 agencies and individuals in Nassau and Suffolk. The Center operates a Helpline serving a wide range of advocates including social workers, case guidance counselors, pro bono attorneys, parish outreach workers, youth counselors, legislative staff, doctors, nurses and case managers throughout our community. Advocates from The Association of Mental Health and Wellness, Suffolk County medical clinics, Legal Aid, schools, churches, hospitals and even local government offices (County Legislative staff, Suffolk County Veterans, Department of Social Services) make use of the Center s services. We received 789 calls from advocates in , involving individuals and families with problems ranging from welfare, housing, access to medical care, consumer debt, Social Security, etc. Community education remains an important focus for the program. The Legal Support Center, along with other Units in the program, conducted a total of 20 trainings reaching over 1176 advocate and client participants. Training collaborations with other agencies such as Catholic Charities, PSEG, and Touro Law School, add a greater dimension to the presentations. Collaborations With Other Service Providers Some of our most important collaborations are with the two local bar associations. Most are described in detail in Section G below, but some will be listed, with accomplishments, here. Bankruptcy matters are addressed by our Bankruptcy Clinics in both Nassau and Suffolk Counties, run with the cooperation of the respective bar associations. These clinics operate by first providing an overview of bankruptcy to the participants, after which the pro bono attorneys provide individual consultations. From those consultations, cases are selected for representation in a Chapter 7 Bankruptcy proceeding. During the past grant year, 115 low-income clients received help from these projects, and 70 of them obtained bankruptcy relief. Our Volunteer Lawyers Project, with the active participation of the Nassau County Bar Association's Senior Attorney Committee, operates a highly successful Landlord/Tenant Attorney of the Day Project in Nassau County. This Project provides volunteer attorneys to Number of People Benefited by Legal Services Other Than Direct Legal Representation Total: 156,347 People Community Legal Education and Pro Se Assistance: 46,006 People Web Usage: 110,341 People Nassau/Suffolk Law Services Committee - 3

4 Other Services, continued unrepresented low income tenants facing eviction in the Nassau County District Court four days a week. In the past year, this project helped to prevent 270 evictions and delayed 378 evictions. Two NSLS staff attorneys, funded in part by a NYS Department of Health grant funneled through the Community Service Society of New York (CSSNY), provide legal assistance as part of the Independent Consumer Advocacy Network (ICAN.) This group assures that individuals residing in the community but requiring managed home health care to assist with daily living, are able to get the assistance they need. ICAN staff - including our two attorneys - advocate on behalf of these most vulnerable of clients, with Managed Health Care Plans and with Medicaid, and represent them at administrative hearings when necessary. As part of ICAN, our attorneys participate in weekly conference calls with other ICAN staff throughout the state, coordinated by CSSNY, to discuss emerging trends and common problems and to develop strategies designed to address these issues statewide. The concerted efforts of the ICAN mean that our attorneys are having a positive impact not only on their individual clients, but on important health care issues statewide. For more than 20 years, we have collaborated with domestic violence agencies in Suffolk County (Victims Information Bureau of Suffolk, Long Island Against Domestic Violence, Brighter Tomorrows and The Retreat) to provide legal assistance to women who are victims of domestic violence. The domestic violence agencies provide shelter, counseling and court advocates to accompany the women to court, and refer them to our Domestic Violence Project for legal representation in Family Court, to obtain Orders of Protection - including orders to exclude the abuser from the home - and matters pertaining to the custody and support of their minor children. Frequently, the advocates from these agencies also help our Project by providing interpretation in our communication with limited English proficiency clients. Our Veterans' Rights Project has developed a collaboration with Touro Law Center's Veterans' and Service Members' Rights Clinic. Our Veterans' Rights Project staff regularly participates in the Touro project's legal educational programs for veterans and assists with individual intakes after the presentation. As a consequence, our staff and the staff of Touro are able to determine, based on the circumstances of the individual client and the type of legal problem presented, which of our agencies would be better able to assist the client. We have obtained a number of referrals in this manner. Although not a direct legal services project, we have invested significant effort in the development and growth of the New York State Association of Legal Services Organizations (also known as The New York Legal Services Coalition). This statewide association was incorporated in 2014 and includes many IOLA grantees, and was formed for the purposes of promoting the funding of civil legal services in New York, and for providing mutual support to member agencies. Our Executive Director was one of the founders of the Association and serves as its Treasurer. Major Cases or Other Advocacy Projects Leggio v. Devine and O Neill - Appellate Division, Second Department This Article 78 proceeding was filed in New York State Supreme Court, Suffolk County in June 2015 (Index # ) and was transferred to the Appellate Division, Second Department. The proceeding is challenging a fair hearing decision issued by the New York State Office of Temporary and Disability Assistance which affirmed a determination to reduce SNAP benefits to the petitioner s household. While we have received an answer from the State Respondent, we are still awaiting an appellate brief. The petition has been fully briefed and submitted to the Court. The issue is whether child support payments received for two college students who reside in the household but are not eligible for SNAP benefits due to the fact that they are ineligible students count in determining the remaining household members eligibility for SNAP. The Suffolk County Department of Social Services and the N.Y.S. Sources of Funding Total $8,631,100 IOLA Grant $1,050,000 State Funding $5,071,594 Legal Services Corp (LSC) $1,317,876 Other Federal Programs $524,815 Other $666,815 Nassau/Suffolk Law Services Committee - 4 State Funding 59% Legal Services Corp (LSC) 15% Other Federal Programs 6% Other 8% IOLA Grant 12%

5 Other Services, continued Office of Temporary and Disability Assistance have held that the child support payments received are income countable to the parent and not the children. Estimated Impact: If successful, this case will benefit SNAP households which include undergraduate students in receipt of child support payments. Instead of counting the child support payments as income for the parent and the remaining household members, it will be excluded, and result in a greater SNAP allotment. Pro Bono Volunteer Involvement In house pro bono attorneys work side by side with our staff attorneys on cases involving divorce, access to health care, and landlord tenant matters. We also have five attorneys from the Attorney Emeritus Program (AEPs) providing pro se assistance by phone and assisting in the screening of cases in our Pro Bono Project in Suffolk, whose outstanding contribution of time touched 1791 callers. There are fifteen AEPs on our panel overall who provide services. Law student interns assist attorneys in the various units with client screenings and interviews, research, drafting pleadings, administrative tasks, and incourt representation under our student practice order. Other volunteers, including paralegal students, social work students and community volunteers, assist with administrative duties and client calls dealing with landlord/ tenant questions. NSLS participated again this year in the Pro Bono Scholar Program and agreed to host four Pro Bono Scholars from March through May where they worked in our ICAN Project, Senior Citizen Project, and Domestic Violence Unit. Because there are no legal services programs on Long Island that provide free representation for matrimonial cases, except for the SAFE Center, both our offices have special family law panels made up of pro bono matrimonial attorneys who completed over sixty cases in the past year. Pro Bono Unit coordinators have been attending local barsponsored CLEs, matrimonial committee meetings, recognition receptions, and other bar functions in order to personally recruit new pro bono attorneys. We have also co -sponsored CLE boot camps with the bar association for the purpose of training and recruiting pro bono attorneys. In cooperation with Touro Law School, Law Services Pro Bono Project has referred over 100 cases to the law school s new Pro Se Divorce Project. This cooperative effort has been very successful in meeting the need for divorce representation. For many years, our Bankruptcy Clinics have been held in both Nassau and Suffolk Counties. Participants are provided a personal consultation with a bankruptcy attorney for possible referral to a pro bono attorney for full representation in a Chapter 7 bankruptcy. The clinics are held bimonthly and typically have about clients in attendance in each county. In addition to matching clients with volunteer attorneys for on-going representation, we have continued our Landlord/Tenant Attorney of the Day Project which is made possible by the efforts of volunteer attorneys. The Attorney of the Day Project places our volunteer attorneys in the Nassau County District Court four days a week where they are assigned a respondent in a landlord/ tenant case for representation on the particular day. Pro Bono Statistics During , the following volunteers provided services in our program: Attorneys: 219 Volunteers 5,152 Hours Law Students: 18 Volunteers 2,369 Hours Other Volunteers: 14 Volunteers 1,038 Hours Total Cases Completed by Attorneys: 963 Cases Dollar Value of Attorney Services*: $1.55 million *estimated at $300 per hour The Nassau and Suffolk Bar Associations sponsor Foreclosure Clinics, Community Legal Fairs, Veterans Clinics, Senior Clinics, and Sandy Disaster Clinics. Nassau Suffolk Law Services co-sponsors or participates in these free community clinics. In October 2016, in celebration of Pro Bono week and in collaboration with the Nassau County Bar Association, a Pro Bono Open House was hosted at the Nassau Bar Association. This effort involved more than 50 pro bono attorneys and more participants than ever before. Also, in order to offer more targeted service to our veterans, NSLS again partnered with the Suffolk County Bar Association to host the Volunteers for Veterans Day on May 10, 2016, a successful event that was first held at the Suffolk County Bar Association in February, NSLS partnered with five upstate legal service providers as part of a statewide project, one of eleven nationally selected projects receiving LSC Pro Bono Innovation funding. The New York project sought to recruit 50-hour law students, and Attorneys Emeritus to create a Self-Help Child Support Project for unrepresented litigants. Although the funding for this project has concluded, the services were in such great demand that volunteer staff continue to provide pro bono resources for unrepresented litigants. The goal is to provide pro se guidance and education to child support litigants who are unrepresented and require assistance in filing their petitions and understanding the proceedings. The Project extended services to over 75 callers, providing educational information, referrals and pro se assistance in child support matters. Nassau/Suffolk Law Services Committee - 5