Elder Law

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 Access Healthcare | South Dakota

admin — Fri, 22 Jan 2016 19:48:10 +0000

Helping The Elderly Access Healthcare | South Dakota admin Fri, 01/22/2016 - 14:48

Steve*, a Vietnam War veteran, went to Dakota Plains Legal Services, Inc. (DPLS) for help obtaining guardianship for his Native American mother, who was hospitalized with a broken hip.

After DPLS helped Steve obtain guardianship, he encountered problems getting his mother admitted to a nursing home. Steve’s mother owned a house that was permanently affixed to Indian Trust Land, and the Department of Social Services required that her house be sold in order to become eligible for Medicaid.

DPLS contacted the state attorney general's office on Steve's behalf and obtained a ruling exempting the house because it was on Indian Trust Land. The Department of Social Services approved Steve’s mother’s eligibility for Medicaid, and she was able to receive care at the nursing home.

*Names have been changed.

Elder Law Veterans

Veterans

South Dakota

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

Helping An Elderly Veteran Access Healthcare Benefits

admin — Fri, 21 Aug 2015 20:34:23 +0000

Helping An Elderly Veteran Access Healthcare Benefits admin Fri, 08/21/2015 - 16:34

Phyllis*, an elderly veteran, was disabled, homeless, and losing hope.

While living on the streets Phyllis lost her identification card and all her personal paperwork. As a result, she was unable to apply for food stamps, housing, and other assistance.

Phyllis went to Stand Down – a program providing food supplies, clothing, health screenings, and benefits counseling to homeless veterans – to look for help. Legal Aid of Wyoming attorneys were participating in the event.

After sharing her information with Legal Aid of Wyoming, Phyllis received assistance to apply for a new Social Security card, a copy of her birth certificate, and a state-issued identification card. Following up with Phyllis Legal Aid of Wyoming helped her access Medicaid, food stamps, and veterans' benefits.

*Names have been changed.

Elder Law Veterans

Veterans

Wyoming

Legal Aid Secures Housing for Elderly Client

admin — Wed, 12 Aug 2015 15:49:37 +0000

Legal Aid Secures Housing for Elderly Client admin Wed, 08/12/2015 - 11:49

Ms. Martinez* is 74-year-old woman with a heart condition who only speaks Spanish. She had a Section 8 subsidized housing voucher, and had been living in her apartment for 20 years.

Ms. Martinez’s daughter had always helped her make sure her bills were paid on time. When her daughter unexpectedly passed away, she began to rely on her adult granddaughter for assistance.

Unbeknownst to Ms. Martinez, her granddaughter was accessing her bank account for her own purposes, but not paying any of her grandmother’s bills.

Ms. Martinez quickly fell behind on her rent and received court papers for a nonpayment proceeding, but could not read or understand what it said. Since she never appeared in court, the landlord received a default judgment and reported the eviction to the Section 8 housing authority. The housing authority sent a notice to Ms. Martinez regarding the termination of her voucher, and provided her with an opportunity to request a hearing.

Since Ms. Martinez could not read or understand this notice, she failed to request a hearing. She received a 72-hour sheriff’s notice to vacate the premises. Ms. Martinez took the notice to her housing authorities, and they suggested she contact Nassau/Suffolk Law Services (Law Services) for assistance.

Law Services attorneys immediately assisted Ms. Martinez with writing a letter to the housing authority, requesting they reopen her case and allow her to request a hearing on the termination. Ms. Martinez’s attorneys also prepared an order to show cause to vacate the default judgment entered against her, and assisted her with an application for rental arrears from the local department of social services.

Ms. Martinez's application was approved and her rental arrears were paid. The housing authority reinstated her Section 8 housing voucher.

*Names have been changed

Elder Law Housing

New York

Social Security Lifeline Defended

admin — Tue, 11 Aug 2015 21:10:19 +0000

Social Security Lifeline Defended admin Tue, 08/11/2015 - 17:10

First American Credit Union (FACU) had taken the money from her account, which consisted entirely of social security benefits and federal civil service retirement benefits, claiming she owed them for a past debt.

Tom, an elderly Navajo woman with limited English-speaking abilities and a hearing impairment, was frustrated that although she and her husband had worked their whole lives for these benefits, she felt unable to do anything about FACU’s actions.

Before coming to DNA, which stands for the Navajo phrase “Dinébe’iiná Náhiiłna be Agha’diit’ahii” and means “attorneys who work for the economic revitalization of The People,” Tom had already seen another lawyer who told her there was nothing she could do.

With the help of DNA attorneys John Carlson and Sam Gollis however, Tom was finally able to get her money back.

The district and federal courts both ruled that by taking Tom’s money, FACU had violated the federal Social Security Act and the Civil Service Retirement Act, provisions of which protect funds like those in Tom’s account so that that the elderly will be provided with the necessary income to meet their basic needs after a lifetime of working.

Elder Law

Rural

Arizona

Helping Elderly Veterans Maintain Safe & Adequate Housing | Montana

admin — Tue, 11 Aug 2015 16:39:34 +0000

Helping Elderly Veterans Maintain Safe & Adequate Housing | Montana admin Tue, 08/11/2015 - 12:39

Bob* is an elderly disabled veteran living in a federally subsidized low-income housing, with only his Social Security as income.

In early winter, he received a letter informing him that his rent would double, effective in one month. The doubled rent would take up 71% of his income, leaving very little to meet other basic necessities.

Bob called the housing authority and was told he no longer qualified for his two-bedroom apartment. They informed him that his rent would now include the extra room.

Bob contacted Montana Legal Services Association (MLSA) for help. MLSA attorneys requested reasonable accommodations for Bob, explaining that his doctor recommended an exercise machine for his disability. He needed the area in the second room to have adequate space for the equipment.

With MLSA’s help, Bob was approved for the second room and now pays an affordable rent that is only 30% of his income. Grateful for his attorney's assistance, he wrote a thank you note to his MLSA attorney: "The case settled in my favor and I don't have to worry about being homeless. I am a 74-year-old veteran and I could not move if I had wanted to. Your service was terrific."

*Names have been changed

Elder Law Housing Veterans

Veterans

Montana

Protecting the Elderly from Predatory Lenders

admin — Tue, 04 Aug 2015 17:30:42 +0000

Protecting the Elderly from Predatory Lenders admin Tue, 08/04/2015 - 13:30

Velma was approved for a loan despite having only Social Security income. After receiving the loan, she repaid the full amount borrowed, but she still owed a great deal of money in interest.

When confronted with the choice of paying for her medication or her payday loan, Velma chose her health. She paid an extra fee at the bank to stop the automatic withdrawal of the loan payment.

Velma’s bank allowed the payment to go through anyway, seriously overdrawing her account. Velma’s efforts to get the bank to honor the stop payment were unsuccessful. The bank even refused to refund the stop payment fee she had already paid.

At this point, Velma turned to Kansas Legal Services (KLS) for help. When a legal aid attorney intervened, the bank restored all of Velma’s funds. Negotiations with the payday lender allowed Velma enough money to meet her basic needs. Access to food and her medication has restored her health, and her outlook on life is much better.

*Names have been changed

Elder Law

Kansas

Elder Law

Helping The Elderly Access Safe Housing | Vermont

Helping The Elderly Access Healthcare | South Dakota

Helping the Elderly Maintain Safe Housing | Oregon

Helping An Elderly Veteran Access Healthcare Benefits

Legal Aid Secures Housing for Elderly Client

Social Security Lifeline Defended

Helping Elderly Veterans Maintain Safe & Adequate Housing | Montana

Protecting the Elderly from Predatory Lenders

Velma*, a low-income and elderly woman, applied for legal services to deal with a payday lender.