Disability Rights

Elderly Disabled Veteran Fights Wrongful Foreclosure | Colorado

admin — Sat, 04 Apr 2020 20:01:12 +0000

Elderly Disabled Veteran Fights Wrongful Foreclosure | Colorado admin Sat, 04/04/2020 - 16:01

Mr. Johnson* is an elderly and disabled veteran.

He turned to Colorado Legal Services (CLS) for help with a judicial foreclosure filed by the veterans' Home Owner's Association (HOA). The HOA had levied numerous fines against Mr. Johnson based on the home use of a small bus needed because of his disabilities.

Mr. Johnson* is an elderly and disabled veteran.

Mr. Johnson had spent several hundred dollars retrofitting the bus to allow him to use a lift to enable him to get in and out with his wheelchair. The HOA labeled the bus as a commercial vehicle in violation of the HOA rules and brought a foreclosure action for unpaid fines. The HOA refused to negotiate any settlement.

The case went to trial, with a CLS attorney representing Mr. Johnson. Mr. Johnson prevailed at trial; the foreclosure action was dismissed and he was able to keep both the bus and his home.

*Names have been changed

Disability Rights Housing Veterans

Disability Rights Veterans

Colorado

Helping The Elderly Access Safe Housing | Vermont

admin — Mon, 25 Jan 2016 19:36:48 +0000

Helping The Elderly Access Safe Housing | Vermont admin Mon, 01/25/2016 - 14:36

Thomas* is elderly, disabled, and living in subsidized housing.

Thomas was on the verge of losing his housing and his subsidy because of rental arrears. He was unable to manage his limited disability income and was about to become homeless.

Thomas contacted Legal Services Law Line of Vermont, Inc. (Law Line) for help.

Law Line attorneys set up a representative payee who would help make sure Thomas’ rent was paid. Law Line also alerted the housing authorities that Thomas’ non-payment was due to his disability.

The housing authorities waived the arrearage so that Thomas could keep his housing subsidy. He has remained in his house and never had to reside in a homeless shelter.

*Names have been changed.

Disability Rights Elder Law Housing

Disability Rights

Vermont

Helping the Elderly Maintain Safe Housing | Oregon

admin — Fri, 22 Jan 2016 17:45:11 +0000

Helping the Elderly Maintain Safe Housing | Oregon admin Fri, 01/22/2016 - 12:45

Ms. Davis*, an elderly woman, lived in a trailer on a rural piece of land she inherited from her dad. She was developmentally disabled and had recently experienced a series of strokes that further limited her abilities.

Ms. Davis allowed Jacob*, her adult son, to move into the trailer. Soon after Jacob moved in, she became worried that he was using drugs. Jacob would become angry and destroy Ms. Davis’ property, punching walls and destroying doors. Ms. Davis had also asked Jacob to muzzle his aggressive pit bull, but he refused.

Ms. Davis threatened to evict Jacob and get a protective order against him. When his behavior did not stop, Ms. Davis filed the necessary paperwork to have Jacob removed. Jacob threatened to commit suicide if Ms. Davis moved forward with the order, so she decided against attending the court hearing. The case was dismissed.

One day, Jacob’s pit bull attacked Ms. Davis, severely biting her arm. Ms. Davis was airlifted to the hospital, where she had several surgeries and grafts. When doctors released Ms. Davis from the hospital, she was afraid to go home and stayed with a friend who lived in a nearby town. When Ms. Davis tried to apply for another restraining order in the county where her trailer was located, the court clerk told her that she couldn’t appear by phone for the hearing.

Frustrated, Ms. Davis contacted Legal Aid Services of Oregon (LASO) for help. LASO attorneys took her case and gave the court clerks the statute number that allowed an elderly or disabled person to testify to a judge for a protection order by phone.

LASO also represented Ms. Davis at the hearing. Over the phone, Ms. Davis told the judge about her fears regarding Jacob’s violent behavior. She got the protection order and police removed Jacob from her home.

*Names have been changed.

Disability Rights Elder Law Housing

Disability Rights

Oregon

Disabled Man Fights for Independence | Indiana

admin — Wed, 20 Jan 2016 21:08:50 +0000

Disabled Man Fights for Independence | Indiana admin Wed, 01/20/2016 - 16:08

The court had appointed a guardian for him, a woman he had never actually met in person, because of his mental health issues. Zeke had been confined to a nursing home facility, even though he was receiving treatment and able to take care of himself and make decisions.
Zeke’s guardian would not allow him to leave the nursing home facility, even to attend church, and would not approve various forms of medical care, including testing for pancreatic cancer.

Zeke tried to make the best of it by assisting the nursing home staff with caring for the other residents and organizing activities for them. He had not been incapacitated for some time, but his court appointed guardian refused to help Zeke with his request to terminate guardianship for fear she would lose the income she received as guardian.

Frustrated, Zeke turned to Indiana Legal Services (ILS) for help. ILS filed a petition to terminate the guardianship in Marion County Probate Court and successfully in prooved that Zeke was no longer incapacitated and able to live on his own, rendering the adult guardianship no longer necessary.

Zeke is now living independently.

*Names have been changed

Disability Rights

Indiana

Helping Disabled Veterans Maintain Safe Housing | Rhode Island

admin — Thu, 13 Aug 2015 21:36:18 +0000

Helping Disabled Veterans Maintain Safe Housing | Rhode Island admin Thu, 08/13/2015 - 17:36

Helping Disabled Veterans Maintain Safe Housing | Rhode Island

Disabled veteran Lenny* was in danger of having service terminated by the local utility company.

Lenny attempted to file his own pro se bankruptcy petition to prevent the termination, but was unable to fully understand the process or the paperwork.

The court allowed Lenny two weeks to file his remaining paperwork or his case would be dismissed. He contacted Rhode Island Legal Services (RILS) for help.

RILS secured a longer extension for Lenny, and filed the remaining documents on his behalf. The court discharged Lenny’s debt and he was able to keep his utilities running.

*Names have been changed.

Disability Rights Housing Veterans

Veterans

Rhode Island

Helping Veterans Access Safe Housing

admin — Wed, 12 Aug 2015 16:05:41 +0000

Helping Veterans Access Safe Housing admin Wed, 08/12/2015 - 12:05

Mr. Lewis*, a disabled veteran, lived with four other veterans in a five-bedroom apartment.

In the midst of a frigid winter, Mr. Lewis sought assistance from Neighborhood Legal Services Program of DC (NLSP) when their landlord failed to maintain heat, electricity and other basic utilities provided for in their lease, resulting in a freezing cold and pitch dark home. Once their utilities were shut off, the veterans became homeless due to the uninhabitable conditions of the apartment.

Mr. Lewis also encouraged his roommates to seek legal help, and NLSP attorneys promptly attempted to secure safe and affordable housing for the clients and sued the landlord for damages.

NLSP’s investigation revealed that the landlord had targeted disabled and homeless veterans to occupy substandard housing units, in addition to managing several Community Residential Facilities (CRF) for severely disabled residents. The landlord had failed to properly administer medications or provide adequate food for residents, and failed to pay CRF employees a legal wage or pay rent on the CRF, creating a risk that residents could be evicted.

NLSP reported the results of its investigation to the D.C. Department of Behavioral Health, who transferred the veterans to safe homes and initiated steps to revoke the landlord's license.

*Names have been changed.

Disability Rights Housing Veterans

Disability Rights Veterans

District of Columbia

Protecting Elderly Disabled Veterans

admin — Tue, 11 Aug 2015 20:19:27 +0000

Protecting Elderly Disabled Veterans admin Tue, 08/11/2015 - 16:19

Dwayne*, an elderly disabled veteran, was living in a nursing home when he was served a Notice of Involuntary Transfer or Discharge.

Dwayne could not stand unassisted, was incontinent and confined to a wheelchair, and otherwise needed care beyond what his family could provide at home. His insurance company would not continue paying for the nursing home because, in their opinion, Dwayne’s health had plateaued.

Dwayne’s family contacted Central Virginia Legal Aid (CVLA) Society for help. A CVLA legal aid attorney was able to work with the insurance company and the social worker at the nursing home to arrange affordable in-home care for Dwayne, allowing his needs to be met without him becoming an extra burden on his family.

*Names have been changed.

Disability Rights Veterans

Veterans

Virginia

Helping A Veteran Access Disability Benefits | South Carolina

admin — Tue, 11 Aug 2015 19:26:41 +0000

Helping A Veteran Access Disability Benefits | South Carolina admin Tue, 08/11/2015 - 15:26

Paul Roberts,* a Navy veteran, received a $27,716 bill from the South Carolina Division of the U.S. Department of Veterans’ Affairs (VA).

The VA incorrectly claimed that Paul did not report his Social Security disability benefits when he filed his taxes, and had informed the IRS of the alleged debt for recoupment from Paul’s tax refund.

Paul went to South Carolina Legal Services, Inc. (SCLS) for help. An SCLS attorney helped Paul appeal the decision.

Citing error, the VA issued an award adjustment that removed the overpayment and provided Paul with $6,587 in back benefits. Paul’s benefits were accurately reinstated at $330 per month.

*Names have been changed.

Disability Rights Veterans

Veterans

South Carolina

Disability Rights

Elderly Disabled Veteran Fights Wrongful Foreclosure | Colorado

Helping The Elderly Access Safe Housing | Vermont

Helping the Elderly Maintain Safe Housing | Oregon

Disabled Man Fights for Independence | Indiana

Zeke*, a 54-year-old man with HIV, requested assistance to terminate an adult guardianship.

Helping Disabled Veterans Maintain Safe Housing | Rhode Island

Helping Veterans Access Safe Housing

Protecting Elderly Disabled Veterans

Helping A Veteran Access Disability Benefits | South Carolina