Homeowner's Emergency Mortgage Assistance Program

HEMAP Can Help Avoid Foreclosure

Statistics outlining the depth of the home foreclosure crisis in this country are startling.

Nationally, more than 2.2 million foreclosure filings - default notices, auction sale notices, and bank repossessions - were reported in 2007, up 75 percent from 2006, according to RealtyTrac, a California-based private company that compiles nationwide real estate statistics.

Furthermore, more than 1 percent of all U.S. households were in some stage of foreclosure during the year, up from .58 percent in 2006.

For homeowners in Pennsylvania facing foreclosure, though, there is a program that may help.

HEMAP

The Homeowner's Emergency Mortgage Assistance Program (HEMAP) was created in 1983 by Pennsylvania Act 91. The program, administered by the Pennsylvania Housing Finance Agency (PHFA), is designed to help homeowners avoid foreclosure by providing a loan to cure their debt.

Permanent residents of Pennsylvania who live in a one or two - family home (not a place of business) may be eligible for the program. The mortgage cannot be insured under the Federal Housing Act (Title II), and the default cannot be more than 24 months old, or more than $60,000 in total. Also, there cannot be more than one mortgage on the home.

In addition to above requirements, applicants must have a 5-year favorable mortgage credit history (this is the first time in default), and show that they suffered a financial hardship beyond their control, such as unemployment when a company downsized its operations.

Applicants who show they have a reasonable chance of resuming regular mortgage payments within a period of 24 months can be considered for the program.

Remember, however, HEMAP is not a grant. These funds are a loan and must be repaid. PHFA will create a repayment plan that is appropriate to the home-owner's situation.

Act 91 Notice

Under Pennsylvania Act 91, a financial institution must give notice to a homeowner that the mortgage is in default, and that the lender intends to foreclose on the property.

The Act 91 notice will be mailed to a homeowner by first class and registered or certified mail. Homeowners must arrange and attend a meeting with an approved credit counseling agency (listed in the notice) within 30 days of the postmark on the notice. The credit counseling agency will determine if the homeowner can apply for HEMAP.

Act 91 Means "Act Now"

If you receive an Act 91 notice, you must take immediate action to try a save your home from foreclosure. It is always good advice to call the lending institution right away to see if they can help with the problem, such as refinancing your home with a lower interest rate that you can afford.

In addition to calling the local credit counseling agency to see if HEMAP can help, you may also need legal advice from a lawyer.

NWLS May Help

Low-income homeowners who receive an Act 91 notice may qualify for free legal aid from Northwestern Legal Services. A staff attorney can help you understand the options available to you, as well as provide representation and counsel for the civil legal problems you face.

If you get an Act 91 notice, give NWLS a call in Erie at 452-6957, or outside of Erie (toll free) at 1-800-452-6957. An intake screener will talk with you to see if your are eligible for free legal aid.

For More Information . . .

The Pennsylvania Housing Finance Agency (PHFA) has a web site with extensive information about HEMAP, and what you must do to qualify for assistance under this program. In order to find out more about HEMAP, and an Act 91 Notice, go to:

http://www.phfa.org/consumers/homeowners/hemap.aspx

Executive Director's Desk

A few weeks ago I visited a local coffee shop to get my morning coffee . As I was going into the coffee shop a woman coming out of the coffee shop recognized me from our "Access to Justice" Cable Access Television Show in Erie. She told me that every other week she tunes into the show because she finds it very informative.

If the story ended here I would be happy to get that positive feed-back from a person who watches the show. But the woman went on to tell me that she recently saw our television show about the Low Income Home Energy Assistance Program (LIHEAP). She said that she did not realize that LIHEAP would be available for her and that after she saw the television show she immediately applied for LIHEAP assistance.

She said she would not have applied for LIHEAP if she had not seen our show. She again complimented our community outreach efforts and thanked us for providing the information.

After talking to this woman, I realized more than ever how necessary it is to continue to do community legal education and outreach. Although our Cable Access Television Show is only available to cable television subscribers in the City of Erie, it actually reaches far beyond -- taping into the world wide web. NWLS processes these television shows into video clips and makes the content available for viewing via our website and media blog.

Beyond the world of video, we also post audio podcasts of our bi-monthly radio shows focusing on a variety of civil legal topics. We are excited about these new methods of delivery which reaches people who have impairments such as vision and literacy issues. Further, Northwestern Legal Services has incorporated RSS feeds to each posting which pushes the information to users who are tapping into this innovative way of acquiring knowledge and information. Our website also offers a pathway to a whole host of written legal education materials, self-help forms, government benefit calculators, and pre-screening tools.

Please visit our website at www.nwls.org to learn as much as you can about your rights, benefits and our services.

Very truly yours,

Robert A. Oakley, Esq.
NWLS Executive Director

NWLS Board Member Attorney Jay W. Alberstadt, Jr. Receives Excellence Award

Erie attorney and NWLS board member Jay W. Alberstadt, Jr., has been selected by the Pennsylvania Legal Aid Network (PLAN) to receive a 2008 Excellence Award.

Jay is being honored for a quarter century of service on the Board of Directors of Northwestern Legal Services. During that time, he has been instrumental to the growth and development of legal aid in the communities throughout our region.

Jay will be honored for his commitment to legal aid at the Excellence Award Banquet on Tuesday, March 18 at the Harrisburg Hilton and Towers. The Honorable Cynthia Baldwin, Justice of the Supreme Court of Pennsylvania, will be the evening's featured speaker. See Tribute Video.

File Your Tax Return to Get Your Economic Stimulus Check

To help reduce the effects of a slowing economy, the Internal Revenue Service (IRS) will send tax rebate checks to over 130 million households beginning in May 2008 and continuing through the summer.

In order to qualify for the rebate, however, individuals and households must file a 2007 tax return.

The IRS will use the 2007 tax return to determine eligibility and calculate the basic amount of the payment. In most cases, the payment will equal the amount of tax liability on the return with a maximum amount of $600 for individuals ($1,200 for taxpayers who file a joint return) and a minimum of $300 for individuals ($600 for taxpayers who file a joint return).

Even those who have little or no tax liability may qualify for a minimum payment of $300 ($600 if filing a joint return) if their tax return reflects $3,000 or more in qualifying income.

For the purpose of the stimulus payments, qualifying income consists of earned income such as wages and net self-employment income as well as Social Security or certain Railroad Retirement benefits and veterans' disability compensation, pension or survivors' benefits received from the Department of Veterans Affairs in 2007.

However, Supplemental Security Income (SSI) does not count as qualifying income for the stimulus payment.

It is also important to note that a payment under the economic stimulus plan does not have any effect on eligibility for needs-based programs such as Food Stamps or TANF.

For more information about the economic stimulus plan, go to the IRS Website at http://www.irs.gov/newsroom/article/0,,id=177937,00.html.

Earned Income Tax Credits -- Keep More of the Money You Earned

Overview:

People generally want what is coming to them -- especially if it is money they earned.

The Earned Income Tax Credit (EITC) is a federal tax benefit for working people who earn low-to-moderate incomes. The program can offset some or all of the taxes workers must pay, and can help cover any federal tax workers still owe.

When the EITC exceeds the amount of taxes owed, it can even result in a tax refund to those who claim and qualify for the credit.

Originally approved by Congress in 1975, the legislation has become one of the largest anti-poverty programs in the country. According to estimates form the Internal Revenue Service, though, from 15 to 20 percent of individuals and households eligible for the tax credit in the past did not claim it on their returns.

In northwestern Pennsylvania, that means thousands of people did not claim millions of dollars that should have come to them -- money they earned.

EITC has no effect on certain welfare benefits, and should not be a reason to avoid the credit. In most cases, EITC payments will not be used to determine eligibility for Medicaid, Supplemental Security Income (SSI), food stamps, low-income housing or most Temporary Assistance for Needy Families (TANF) payments.

Basic Requirements:

In order to apply for EITC, you must meet the following requirements:

* Must have a valid Social Security Number

* You must have earned income from employment, or self-employment.

* Your filing status cannot be married, filing separately.

* You must be a U.S. citizen or resident alien all year, or a nonresident alien married to a U.S. citizen or resident alien and filing a joint return.

* You cannot be a qualifying child of another person.

* If you do not have a qualifying child, you must:
* be age 25 but under 65 at the end of the year,
* live in the United States for more than half the year,
* not qualify as a dependent of another person

* You cannot claim foreign income (Forms 2555 or 2555-EZ)

Beware of RALs:

According to the latest IRS data, about 70 percent of EITC claims in the past were filed through commercial tax preparers, while less than two percent of recipients used Volunteer Income Tax Assistance (VITA) or other IRS-sponsored tax preparation programs.

Unfortunately, EITC claimants lose money when they use paid tax preparers coupled with "refund anticipation loans" (RALS) to file their federal returns.

Although paid tax preparers market RALs with the promise to "get you your refund quick," there is a high price to be paid for the service. The Brookings Institution estimated that the average cost for a tax filer who uses a tax return preparation service and RAL is over $200.

Because many low income families are less likely to have a bank account, these people pay addition fees to have an IRS check or loan check cashed.

VITA

VITA sites are now open across the nation through April 15. Electronic filing (having a return completed by computer to get a faster turnaround on a refund) is available in many VITA locations.

If a taxpayer files electronically, and has a bank account (checking or savings) where the refund can be deposited directly, the refund from the IRS will usually arrive within eight to ten days.

Check the Web

The IRS Website at http://www.irs.gov/ has some handy programs to help you file for EITC, including an online "assistant" that can help you determine if you are eligible for the tax credits.

I-CAN! www.icanefile.org

I-CAN! E-file can help you file your taxes for FREE. Just go to the I-CAN Website at www.icanefile.org and answer some simple questions on each screen and print your completed tax return. I-CAN!E-file can also electronically file your return to the IRS.
You can even use I-CAN!E-file to file your Pennsylvania state return. Keep in mind, however, that you cannot use I-CAN!E-file to file your State return by itself; you can do your Federal and State returns together or your Federal return by itself.

You can generally use I-CAN!E-file unless you or your employer have a non US address, own a business, are a church employee or clergy member, or sold real estate in 2007. If you are in the military or you are disabled you may be eligible for tax credits that are not included in I-CAN! E-file

On the Web

www.nwls.org/Media

Be sure to check out the NWLS media blog at the Web address above to find video clips from our "Access to Justice" TV series on Erie Cablevision, Channel 2; and audio clips from our "Access to Justice" radio show on WJET AM 1400. The video and audio clips focus on a wide variety of civil legal topics of importance to the low-income community we serve.


http://www.phlp.org/

The Pennsylvania Health Law Project (PHLP) is a state-funded legal aid organization that provides representation, counsel and advocacy for health care issues that impact low-income consumers, the elderly, and persons with disabilities in Pennsylvania. PHLP published two bi-monthly newsletter, "Health Law PA News" and "Senior Health News" that provide a comprehensive overview of news and information regarding health care topics for low-income households. You can view both current and past issues of the newsletters at the Web address listed above.

Advance Directives

By Colleen Stumpf, Esq. The Quinn Law Firm

If a serious illness or accident disrupted your life, who would manage your affairs?

A Power-of-Attorney, a Health Care Power-of-Attorney, and a Living Will are three documents that work to ensure that another person can handle your affairs if you are unable to do so yourself.

While these documents address different issues, they all have the goal of making your wishes and desires known to those people whom you designate as decision-makers at a time when you are unable.

Financial Power-of-Attorney

In a Power-of-Attorney, you may delegate financial decision-making authority to a trusted agent who will manage your financial affairs. You may choose to allow your agent to manage your affairs at any time or only when you are unable to do so for yourself.

Additionally, you may decide how much power you want your agent to possess - an agent may be permitted only to deal with one account or they may control all of your assets.

Health Care Powers-of-Attorney

In a Health Care Power-of-Attorney, you appoint a "health care agent" who can make health care decisions for you.

The health care agent is responsible for gathering information on your condition and treatment alternatives. The agent has a duty to make health care decisions that conform to your preferences and values and to act in your best interest.

If you do not have a health care agent, a health care representative may be appointed. The six classes from which a health care representative may be chosen, in order of priority, are: (1) your spouse; (2) your adult children (3) your parents; (4) an adult sibling; (5) your grandchildren; and, (6) an adult who has knowledge of your preferences and values.

If more than one member of a class is named as the health care representative, and the health care representatives cannot agree on a medical decision, then a physician may rely on the decision of the majority. If the class is divided evenly on a decision, the status quo is maintained.

Living Wills

Living Wills enable you to express your wishes regarding the process of dying.

A living will states your desires regarding the continuation or withdrawal of life-sustaining treatments - treatments that serve only to prolong the process of dying.

In a Living Will, you choose now which life-sustaining treatments you do or do not want to receive in the event you are no longer competent to make these decisions and you have an end-stage medical condition or were permanently unconscious.

To have an "end-stage medical condition" means that you have an incurable and irreversible medical condition that will result in death regardless of the continued application of life-sustaining treatment. To be "permanently unconscious" means that you have a total and irreversible loss of consciousness and are in a persistent vegetative state or an irreversible coma.

Once it is determined that you have an end-stage medical condition or are permanently unconscious, the physician will look to your directions in the Living Will to determine what treatments or procedures that you desire. If the physician has any questions, the physician may talk to your health care agent.

Having these three invaluable documents allows another person to manage your affairs if you cannot and eases the burden on your family and friends.

For More Information . .

http://www.eriebar.com/ - The Erie County Bar Association offers more information on advance directives at their Web site. Use the "For the Public" menu (Tel Law) on the task bar.

http://www.palawhelp.org/ - This web site from the Pennsylvania Legal Aid Network has an section titled "Elder Law" (60 +) and offers extensive information on advance directives as part of the civil legal topics.

Executive Director's Desk

"I didn't know about legal aid"

Northwestern Legal Services has been in existence for over 38 years. In that time, we served countless people needing free civil legal aid.

Even though we have such an extensive "track record" in providing services in our area, it continues to surprise me that many people do not know that civil legal aid exists or who provides civil legal aid. Many times, I hear staff members at Northwestern Legal Services ask the question of clients "How come you didn't call us earlier?" Many times the response is "I didn't know about legal aid."

So even after 38 years, we are still trying to ensure that all people know about Northwestern Legal Services.

How do we do this? We explore using different media and different methods of getting information to our communities. We have a newsletter, a cable access television show, and a radio show. Recently we have rented billboard advertising in hopes that more people would know about free legal aid. We have quite an extensive website at www.nwls.org .

We also provide community legal education and outreach throughout our service area to the public and to human services providers who refer many people to our offices. We continue to try to expand the cases we take as well as the legal information and telephone advice we provide. Now, Northwestern Legal Services has more attorneys and paralegals on staff than in the last 15 years.

Please help us "get the word out." Please share this newsletter with anyone that you think is interested. Please tell your family, your neighbors and your friends about us so that anyone who is eligible for free legal aid will know about us. We appreciate your help.


Very truly yours,

Robert A. Oakley, Esq.
NWLS Executive Director

NWLS Board Member Pat Mickel an "Everyday Hero"

NWLS Board member Pat Mickel was chosen as the "Everyday Hero" in the Summer edition of "News & Views," a publication from the Housing Authority of the City of Erie.

Pat was honored for her many contributions to the Erie community, including her work as president and co-founder of the Erie Tenant Council, a city-wide organization that advocates on behalf of residents in more than 2,100 Erie Housing Authority units. She is also a member of the Section 8 self-sufficiency committee, and she helps out at the food pantry at the John Horan Garden Apartments.

At Northwestern Legal Services, Pat has served on the board of directors for more than 15 years, and she is currently the Lay Vice-President. She has also been very active in the Erie County Clients' Council, and the Clients' Council of Pennsylvania, advocacy groups that work with NWLS and other legal services programs in the state.

Social Security's Quick Disability Determination Extended Nationwide

On September 5, Michael J. Astrue, Commissioner of Social Security, announced that Social Security has issued a final regulation to extend the quick disability determination (QDD) process to all state disability determination services.

Under QDD, a predictive model analyzes specific elements of data within the electronic claims file to identify claims where there is a high potential that the claimant is disabled and where evidence of the person's allegations can be quickly and easily obtained.

"The quick disability determination has been very successful and efficient so far in New England and I am happy to say it will help people filing for disability benefits anywhere in the United States. This is a very important step we are taking at Social Security to improve our disability programs," Commissioner Astrue said.

Social Security currently receives more than 2.5 million new Social Security disability cases and more than 2.3 million Supplemental Security Income cases each year.

"The length of time many people wait for a disability decision is unacceptable," Commissioner Astrue said. "I am committed to a process that is as fair and speedy as possible. While there is no single magic bullet, with better systems, better business processes and better ways of fast tracking targeted cases, we can greatly improve the service we provide this vulnerable population."

The final regulation will be gradually implemented nationwide over the next several months.

For the complete press release about QDD or more information about Social Security's disability programs, go to http://www.socialsecurity.gov/ .

LIHEAP

Helps low-income people pay their heating bills with energy assistance grants

Although winter weather in northwestern Pennsylvania is difficult to predict, some experts forecast a definite chill to your pocketbook in the coming months.

The Energy Information Administration, a federal agency that supplies the short-erm energy and winter fuels outlook for the nation, expects the cost of heating your residence to rise in 2007 - 08.

On average, households heating primarily with natural gas are expected to spend an average of $78 (10 percent) more this winter in fuel expenditures, while households heating primarily with electricity can expect to pay an average of $32 (4 percent) more this winter than last.

For low-income residents of the Commonwealth, however, a program exits to help pay for the high cost of home heating this winter.

LHEAP

The Pennsylvania Low Income Home Energy Assistance Program (LIHEAP) helps low income people in the Commonwealth pay their heating bills through energy assistance grants.

LIHEAP applications are only accepted by welfare departments during a certain time of the year. This year all LIHEAP programs are scheduled to open on November 5, 2007. They are scheduled to close on March 21, 2008. The welfare department may extend or shorten the program dates depending upon availability of federal funds.

LIHEAP applications printed from the Internet and submitted to the county assistance offices will be processed beginning on November 5, 2007.

Cash/Crisis Grants

Cash grants are available to assist with your heating bills. You do not need an unpaid bill or to be in crisis situation to receive a cash grant, nor do you need to be on welfare to apply.

Both homeowners and renters who are responsible for their home heating and have a low or fixed income are eligible for the program. Clients living in subsidized housing are eligible for the cash grant only if they pay part or all of their primary heating source directly to a vendor.

If a person is eligible for LIHEAP, a utility/fuel payment will be sent directly to the fuel dealer, and the payment will be credited on the person's bill. In some cases, a check may be mailed to the recipient.

Additional money in the form of a crisis grant is available to individuals if they have an emergency situation and are in jeopardy of losing their heat. Emergency situations include:

* broken heating equipment or leaking lines that must be fixed
* lack of fuel
* termination of utility services
* danger of being without fuel or of having utility service terminated

To Apply for LIHEAP

To apply for LIHEAP, call or visit your local welfare office to set up an appointment. If you can't go to the welfare office because you are homebound, call the welfare office for help. Some of the information you will need when applying includes

* Names of people in the household
* Social Security numbers for all household members
* Proof of income for all household members
* Recent heating bill.

You can also go online for LIHEAP application forms at the Pennsylvania Department of Public Welfare web site at:

http://www.dpw.state.pa.us/

Your Rights

If you are not satisfied with the grant amount you receive or the way you are treated, you can request a hearing through the County Assistance Office. You can also contact Northwestern Legal Services to learn if you are eligible for representation by a law worker as you file your appeal.

LIHEAP Fast Facts

* Income eligibility for LIHEAP is set at 150 percent of the Federal Poverty Income Guidelines created by the Department of Health and Human Services.

* The average LIHEAP cash grant this year is expected to be about $250, however your household may be eligible to receive much more, depending on the size of your household, your income, and the type of fuel you use.

* The amount of the crisis grant also changes from year to year, but this year it is expected to be $300.

* A written notice explaining your eligibility and the amount of your cash grant that will be credited to your account should be sent 30 days after your cash grant application is received.

* An application for a crisis grant must be acted upon within 48 hours. If a life-threatening emergency exists, the department must act within 18 hours.

On the Web

www.nwls.org/Media

If you are traveling the information superhighway to Northwestern Legal Services, be sure you turn on your computer speakers before you get there.

NWLS is proud to announce the launch of our new media blog - www.nwls.org/Media - where you can access information on a variety of civil legal topics in audio format. We've taken digital recordings of our bi-monthly radio show "Access to Justice" on WJET AM 1400 in Erie and made them available to listeners at the media site. The blog has been designed so that visitors can do the following:

* Listen to the recordings directly from the site
* Download the programs to your IPod or other MP3 player
* Subscribe to RSS feeds that download new shows as they are added to the site

In the future, we plan on adding video clips from our long-running TV series "Access to Justice" on Erie Cablevision (Channel 2) to the media blog. In this way we hope to expand our ability to bring information on civil legal topics to the communities we serve.

Consumer Protection Law and Landlord/Tenant Relations

By David Hull, NWLS Staff Attorney, Venango County

Legal aid attorneys who work in housing law understand a simple fact about the human condition -- there are good (and bad) landlords, just as there are good (and bad) tenants.

Sometimes, however, a low-income tenant may feel powerless against a landlord by virtue of the ownership, and the control, that the landlord exercises over the property that is the subject of the tenancy.

When things turn bad in the relationship, a landlord may refuse to refund a security deposit, or threaten the tenant with eviction or termination of utilities, or other forms of harassment.

A low-income tenant, however, is not powerless against these aggressive acts.

Consumer Protection Law

A tenant's legal remedies may lie in bringing an action against the landlord under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (CPL).

This law generally prohibits any unfair or deceptive practices in consumer transactions.

The landlord/tenant relationship, by judicial decision, has been found to be a consumer transaction. If a court finds that the CPL is violated by a landlord, the tenant may have a claim for treble damages, that is, the tenant may recover triple of what they are owed by the landlord.

An Example

The following example may illustrate how the CPL works: Tenant A moves into an apartment rented by Landlord B, and gives the landlord a security deposit of $350 in addition to the first month's rent.

During the time of the tenancy, A pays his rent on time, does not damage the apartment and is otherwise a good tenant. One year later, A gives proper notice to vacate, requests his security deposit back and gives B his forwarding address in compliance with landlord/tenant law.

Landlord B, however, refuses to return the security deposit. The tenant requests in writing the reason for B's refusal, and B responds that there are damages to the apartment. Tenant A knows this to be untrue, and that B's damage estimates are inflated.

Tenant A can then bring a lawsuit against B under the CPL requesting the return of his security deposit and treble damages for B's unfair and deceptive conduct in unlawfully withholding A's security deposit.

Give NWLS a Call

This example, of course, is a simplified version of how the CPL works. Low-income renters are urged to call NWLS and consult with an attorney before proceeding with any litigation.

Nonetheless, the CPL can offer a powerful remedy for an otherwise powerless tenant.

If you are a low-income renter with a housing-related problem, you are urged to call the NWLS intake unit in Erie at 452-6957, or toll-free outside Erie at (800) 665-6957. An intake screener will help determine if you are eligible for services.

Remember, in order to receive free legal aid in a civil case, you must first give us a call.

Security Deposits

When you rent a house, apartment, or mobile home, you usually have to pay a security deposit to cover possible damage to the premises or rent that is still owed when you move. Pennsylvania law limits how much a landlord can charge.

First Year. During the first year you live in a place, your landlord can charge no more than two months' rent as a security deposit.

Second Year. After you have rented a place for more than one year, the landlord can charge no more than one month's rent as a security deposit. If your landlord charged more than that when you moved in, then your landlord must return everything above that amount.

For more information about housing law, visit www.palawhelp.org

Executive Director's Desk

News Around Our Program

It has been quite eventful here at Northwestern Legal Services since the last newsletter was published. A number of changes have taken place that I believe make us an even better program.

New Staff Attorneys - By the time you are reading this, our program will have added three new staff attorneys to our roster. Elsewhere in this newsletter you will find a more detailed biography of the new attorneys:

Autumn Johnson began her job in our Farrell office on June 1.
Jeff Nicholson began work in our Franklin office on July 1.
Stacy Wallace will begin work in our Bradford office on July 16.

These are new attorneys being added to our staff - not replacing staff from those offices - so we are looking forward to increasing our services to our client community.

Billboard Advertising - Some readers may have seen some of our billboards around the area. On May 1, we began an outdoor advertising campaign in five counties in order to raise awareness of our program and our services.

Radio and Television Shows - Northwestern Legal Services now has a radio show to add to our media outreach. For nearly six years we have produced a television program on Erie Community Access Television (CATV - Channel 2) in Erie called "Access to Justice." We have now added a live half-hour radio show on WJET AM 1400 on the second and fourth Thursday of every month. The radio show, also titled "Access to Justice" features a live format that enable listeners to call-in with questions about the topic being discussed.

On June 13, the Chief Deputy Attorney General of Pennsylvania, Linda J. Williams, was our guest at the taping of our television show. She talked about consumer fraud and scams, especially those that target the elderly population. That show is currently running on Channel 2.

At the end of July, we hope to have as our guest, on both CATVand WJET AM 1400, the Pennsylvania Attorney General, Tom Corbett.

Yes, great things are happening here at Northwestern Legal Services.

Very truly yours,

Robert A. Oakley, Esq.
NWLS Executive Director

NWLS Welcomes New Staff Attorneys

The mission of Northwestern Legal Services is to assist low-income individuals and families by guiding them through the legal system using advocacy and education to obtain justice.

Three new staff attorneys will help NWLS perform its mission.

Autumn Johnson began work in the Farrell office (Mercer County) in June as a Martin Luther King Jr. Fellow. A graduate of Slippery Rock University of Pennsylvania and Widener University School of Law, she completed internships with the American Civil Liberties Union and Neighborhood Legal Services in Pittsburgh prior to joining NWLS.

The Martin Luther King Jr. Fellowship was created by the Pennsylvania Legal Aid Network in 2004 as a way to support new lawyers who are interested in public interest law.

Jeffrey Nicholson began work in the NWLS Franklin office (Venango County) in July. A graduate of Penn State Erie and the University of Dayton School of Law, he worked as a judicial law clerk for Crawford County Judge Anthony Vardaro prior to joining the NWLS staff.

Stacy Sorokes Wallace will begin work in the NWLS Bradford office (McKean County) in mid-July. A graduate of the University of Pittsburgh at Bradford and Duquesne University School of Law, she worked as a judicial law clerk for McKean County Judges John Cleland and John Yoder prior to her employment as a staff attorney at NWLS.

As part of their responsibilities at NWLS, all three attorneys will provide direct representation and counsel to low-income clients in a broad range of civil legal cases. NWLS law workers, both attorneys and paralegals, are also involved in community legal education and community outreach in the counties where they practice.

Behavioral HealthChoices Expands to Northwestern Pennsylvania

By Janice Meinert, MSW, Pennsylvania Health Law Project

Effective July 1, Erie, Crawford, Mercer and Venango Counties will join the rest of the Commonwealth in implementing the HealthChoices Behavioral Health Program.

This means all persons on Medical Assistance (MA) in these counties will receive behavioral health services through the managed care plan that contracted with the county mental health office.

The behavioral health plan for these four counties in northwestern Pennsylvania is Value Behavioral Health.

Automatic Enrollment

Individuals on MA in these four counties will not have to do anything to be enrolled in Value Behavioral Health; the enrollment will be automatic and will take effect on July 1.

Everyone currently on MA should receive a welcome letter from Value and a member handbook.

Members must receive mental health and drug & alcohol services from providers in the network of Value Behavioral Health unless Value approves otherwise. Members will have 60 days from July 1 to transition to an in-network provider.

Additional Services

There are additional services available under HealthChoices Behavioral Health than are covered under the former MA system. For example, HealthChoices covers such treatment options as crisis services, clozapine services, mobile therapy for adults and peer support specialist services.

In addition to the "standard" drug & alcohol services covered under the former MA plan, HealthChoices additionally covers intensive outpatient, partial hospitalization, halfway house, non-hospital detoxification and non-hospital rehabilitation

Choice of Providers

Members must be provided a choice of at least two providers for each in-plan ambulatory service within 30 minutes travel time in urban areas and within 60 minutes travel time in rural areas.

Access standards for inpatient and residential services is at least two providers for each in-plan service, one of which must be within 30 minutes travel time in urban areas and within 60 minutes travel time in rural areas.

Value's provider network must be able to provide face-to-face treatment intervention within one hour for emergencies, within 24 hours for urgent situations, and within seven days for routine and specialty services.

Right to Appeal

In HealthChoices, members also have an additional appeal right if Value denies mental health or drug & alcohol services that are prescribed.

Members can still file an appeal through the fair hearing process, but can also file a "grievance" with Value Behavioral Health when they deny services. Value's member handbook provides information on how to file a grievance.

Questions or Concerns

HealthChoices members in Erie, Crawford, Mercer and Venango who have questions or concerns should contact the Value Behavioral Health Member Services Line. In Erie, Value Member Services is 866-404-4560. For Crawford, Mercer and Venango, Value Member Services is 866-404-4561.

If you or someone you are working with is having a problem accessing mental health or drug & alcohol services, please contact the PA Health Law Project Helpline at 800-274-3258

Transportation Services Also Expanded

Access to services from the Medical Assistance Transportation Program (MATP) is also improved for Medical Assistance recipients in the HealthChoices. Behavioral Health Program.

Under the old system, MATP was only required to provide transportation or reimbursement for transportation to the closest MA provider.

In HealthChoices Behavioral Health, MATP is required to provide transportation or reimbursement for transportation to any network provider no matter the distance, including network providers in a county other than the county the member lives in.

www.phlp.org

The Pennsylvania Health Law Project has a Web site (www.phlp.org) that offers information on a wide variety of issues affecting Medical Assistance and health care options for low-income residents of the Commonwealth. The Health Law Project also has a toll-free help line at 800-274-3258.

On the Web

www.attorneygeneral.gov

Consumer fraud is a serious matter that victimizes many residents of the Commonwealth, especially vulnerable individuals such as senior citizens. Pennsylvania Attorney General, Tom Corbett, has developed a Website that offers a comprehensive overview of the many scams and fraudulent activities that target unsuspecting individuals, as well as tips to help you avoid being "taken" by confidence schemes and high pressure sales tactics.


http://www.dsf.health.state.pa.us/

Concerns about our health, and the health of our family and friends, are some of the most significant issues that we consider each day. The Pennsylvania Department of Health has collected a wide variety of information and links that address topics from prenatal nutrition to obtaining a death certificate of a family member. Everything from practical information on communicable diseases to public policy issues that confront residents of the Commonwealth are contained in this site.

Removing Legal Barriers to Employment

NWLS Project Assists Low-income Clients with Wide Range of Employment Issues

Suppose you applied for a job, and a background check indicated that you had a criminal history, but you had never been arrested or convicted of a crime.

Where would you turn for help?

The NWLS Employment Law Project is designed to help low-income clients with a wide range of civil legal issues pertaining to the workplace, including "criminal identity theft."

"Someone could have used your ID when they were arrested for a criminal offense, and this `identity theft' is now a barrier to your employment. As my client, I would work to correct the inaccurate record and help clear your name," explained Jennifer Krause, the NWLS staff attorney assigned to the project.

Barriers to Employment

Identity theft is just one roadblock that may inhibit your ability to get a job. Another example is the legal work needed to expunge an arrest record.

"A person accepted into Accelerated Rehabilitative Disposition (ARD) after a DUI offense may not realize that you need to process some legal paperwork with the district attorney's office in order to expunge the criminal record after the terms of the sentence have been completed. I can help a client with that process," Krause added.

Other legal issues handled by the Employment Law Project include a petition for an occupational limited license (OLL). The OLL is a driver's license issued to a person whose privileges have been, or will be, suspended. An OLL authorizes driving a designated motor vehicle, under certain conditions, when it is necessary for the driver's occupation, work, trade, medical treatment or study.

Job Preservation

The Employment Law Project not only handles civil legal issues that are barriers to employment, but also issues that pertain to job preservation as well.

For example, the Family and Medical Leave Act. allows "eligible" employees to take unpaid leave (up to 12 weeks) for the birth or adoption of a child, to care for a family member, or if the employee has a serious health condition.

"I can represent low-income clients who believe they were wrongfully denied leave under the Act, or who claim they suffered ill effects, such as job loss or reduction in pay, because they used the leave," Krause reported.

Getting or Preserving Income

The Employment Law Project also handles "traditional" legal issues such as unemployment compensation benefits. Low-income clients who have been denied benefits, or employers that are appealing the benefits awarded to clients, are typical examples of these cases.

"The project is also concerned with certain types of wage claims. Suppose you quit a job, and the employer failed to pay you for your last two weeks of work. That issue would be referred to the project for legal representation and counsel," Krause added.

Contact NWLS

If you have an employment-related problem, you are urged to call the NWLS intake unit in Erie at 452-6957, or toll-free outside Erie at (800) 665-6957. An intake screener will help determine if you are eligible for services under the Employment Law Project.

NWLS Public Benefits Project Can Help

Barriers to employment for low-income clients are often clothed in very basic needs.

The NWLS Public Benefits Project is designed to help low-income clients move toward gainful employment by ensuring they get all of the government benefits they are entitled to receive. Individuals on TANF enrolled in an education or training program, for example, may be eligible to receive a clothing allowance of up to $150.

Other supportive services for education and training include child care, transportation reimbursement, union dues, and even a car purchase or car repair allowance.

Individuals on TANF or general assistance who would like to learn more about special allowances are urged to call Jeannine Lawton-Knepper, NWLS public benefits specialist, at 452-6949, ext. 122, or toll-free at (800) 753-5704. ext. 122.

Executive Director's Desk

When people think of the work legal aid does, they inevitably think of the legal cases where our legal staff provides representation to our clients. And we certainly provide that help. In fact in 2006, we provided legal help that assisted almost 11,000 people.

This assistance takes many forms: from simple advice to pro se assistance to representation at hearings and trials to appealing cases. We provided help in many areas such as family law, housing, public benefits, consumer issues, education issues and health care problems. But Northwestern Legal Services provides the community so much more.

Our program provides outreach into the community along with community legal education. We believe that if people know their rights they are better equipped to help themselves and not get into any legal trouble. We publish a newsletter and have a community access television show - both titled "Access to Justice." We have a web site that gives a lot of information to people who access it and provides links to other important web sites. We print many different brochures on legal issues and distribute them around the community. All of these things provide needed information for people so that they can avoid legal troubles.

I would be remiss if I did not point out the dedication of our volunteer board of directors which helps this program move toward its goals to accomplish our mission. Our staff is also very dedicated and provides the day-to-day work assisting our community. Lastly, I must applaud our community for its support without which we could not accomplish the tasks that give us purpose and moves us toward achieving our goals and mission.


Very truly yours,

Robert A. Oakley, Esq.
NWLS Executive Director

New Rules on Bank Account Garnishments

The Pennsylvania Supreme Court has recently enacted new Rules of Civil Procedure that will protect exempt resources, such as social security, from being garnished or attached.

The new rules protect funds that are "on deposit in a bank or other financial institution in an account in which funds are deposited electronically on a recurring basis and are identified as funds which upon deposit are exempt from attachment."

The ruling from the Pennsylvania Supreme Court brings the Commonwealth into compliance with federal laws which provide that funds disbursed under federal programs are not subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.

The new rules were the result of a collaborative effort from a group of legal aid advocates from around the state. The group included law workers from Northwestern Legal Services, MidPenn Legal Services, North Penn Legal Services, Neighborhood Legal Services Association, Community Legal Services, Legal Aid of Southeastern Pennsylvania, and the Community Justice Project.

You can view the new rules at www.pabulletin.com/secure/data/vol37/37-8/304.html

PA Streamlines Access to Food Stamps for Seniors and Adults with Disabilities

Pennsylvania senior citizens and adults with disabilities may now apply for food stamps and supplemental security income (SSI) simultaneously.

Launched in January 2007, Pennsylvania's Combined Application Project (PA CAP) has enabled over 34,000 seniors and adults with disabilities to be enrolled automatically for benefits. The project is a joint effort involving the Department of Public Welfare, the Social Security Administration, and the U.S. Department of Agriculture's Food and Nutrition Services division.

"With this new benefit program we are continuing our commitment to breaking down the barriers to self-sufficiency and helping people afford items that can significantly improve their quality of life," said DPW Secretary Estelle Richman.

Through a special five-year demonstration project, SSI recipients who live alone or who purchase and prepare meals separately from other household members will be eligible for the new program.

Eligible Pennsylvanians will receive a green ACCESS card in the mail, which may be used at supermarkets and other retail food stores. Benefits will be administered based on the individual's shelter costs and types of income.

The Department of Public Welfare administers the food stamps program through county assistance offices across the Commonwealth.

This article is an edited version of a press release from Pennsylvania's Department of Public Welfare (DPW). To see the release in its entirety, or for more information about Pennsylvania's food stamp benefit, visit the DPW Website at www.dpw.state.pa.us .

Layoffs in Potter County Trigger Team Response

It was devastating news for the residents of Potter County and the region.

More than 400 workers employed at the Adelphia Communications call center located in Coudersport were laid-off in February. The layoffs were announced by Time Warner Cable in December after the company (along with Comcast Corporation) acquired parts of the now-defunct Adelphia.

The call center in rural Potter County provided technical assistance and customer support for Adelphia's cable and Internet subscribers.

With more layoffs expected in the months ahead, hundreds of former call center employees, and other personnel, are now the people in need of help.

Rapid Response

While government agencies and social service organizations cannot provide an "easy fix" when massive layoffs occur, there are clearly actions that can be taken to assist these individuals and their families.

The two groups most involved with this effort in Potter County are the Pennsylvania Department of Labor and Industry's Rapid Response Unit, and CareerLink.

Rapid Response is an early intervention service that assists workers and employers affected by layoffs, plant closures, or natural disasters. It provides access to the state's CareerLink system of resources and information to help transition workers into reemployment.

Interviews are being held at the CareerLink center in Coudersport with out-of-work individuals to help determine their specific needs, and a job fair is being planned for the region in the near future.

Much of what they hope to accomplish is to provide awareness of government benefits these displaced workers are entitled to receive, and to assist with the search for a new job.

Legal Aid May Help

Although layoffs create serious problems for the unemployed on many different levels, civil legal issues will undoubtedly be a concern for some in the months ahead

Northwestern Legal Services may be able to assist low-income individuals and their families in Potter, McKean and Cameron Counties affected by the layoffs at Adelphia.

One civil legal issue that may arise concerns housing. Unemployed workers who rent may have questions about their leases, and how to deal with problems as they try to make ends meet or relocate to a new community.

Folks who have a mortgage on their home may face the possibility of foreclosure, and the need to apply for the Homeowners' Emergency Mortgage Assistance Program (HEMAP). www.hemap.org

HEMAP is a Pennsylvania Housing Finance Agency program that provides short-term, temporary funding to cure loan delinquencies. The program can make mortgage payments to lenders on behalf of qualifying homeowners for up to 24 months.

Other civil legal issues facing displaced workers can include child support, utility assistance, and applications for benefits such as food stamps.

Give Us A Call

Northwestern Legal Services provides free legal aid to low-income clients in a broad range of civil legal cases.

Applications for service are made by calling the NWLS central intake unit toll free at (800) 665-6957 or in Erie at 452-6957. Intake screeners will determine if you meet eligibility requirements for the services we provide.

The only way you will know if we can help is if you give us a call.

Also check out the NWLS Website at www.nwls.org for more information.

Online Resources Can Help in Job Search

Most people are aware of Monster.com from TV ads during the Super Bowl. Here are some other resources on the Internet that can assist in a job search.

www.jobhuntersbible.com

"What Color is Your Parachute? A Practical Manual for Job-Hunters and Career-Changers" by Richard N. Bolles is considered by many career counselors as the "gold standard" in job-hunting guides. With over 8 million copies in print, the book has been revised and updated every year since 1975.

The companion Website to the book, jobhuntersbible.com is a comprehensive review of online resources for job seekers, and provides many helpful hints.

www.pacareerlink.state.pa.us

This page will help you find a job on-line or fine-tune your career path. You can find information on resume preparation, support services, training programs and much more.

Free Tax Preparation Sites in Northwestern Pennsylvania

It's tax season once again, and there are many options for preparing and filing your taxes which are FREE. In northwestern Pennsylvania alone, there are 75 free tax preparation sites available to senior citizens, low-income individuals, students and shut-ins.

To learn more about the options available to you, visit the NWLS Website at www.nwls.org to locate a site near your residence. Also, the IRS offers free federal online filing options via their website at www.irs.gov/efile , or utilize the I-CAN! E-File, www.icanefile.org , service to do your taxes for free, available in English or Spanish.

Fight Fraud with the Facts

Although the Internet brings a world of information to your personal computer, it also invites con artists into cyberspace as well. "Fraud Guides" exists to inform the public about the wide variety of scam artists and their tactics, offers tips on spotting consumer fraud, internet scams, investment schemes, telemarketing, along with scams surrounding automobile ownership or repair. Visit www.fraudguides.com and gain the knowledge necessary to fight consumer fraud, wherever it exists.

Low-income Home Energy Assistance Program

By Harry Geller, Esq., Executive Director, PA Utility Law Project


With cold weather approaching, there are a number of steps a low-income household can take to ease the burden of home heat.

The Pennsylvania Low-Income Home Energy Assistance Program (LIHEAP) can offer significant help to households that qualify for assistance. The program officially opened on November 6 and is expected to end on March 22, 2007.

There are three types of LIHEAP assistance for which energy consumers may be eligible. In some cases an individual household may be eligible for all three. They are:

Cash Grant Assistance - a minimum grant this year will be $100.The grant to your household may be higher.
Crisis Assistance - for those who are without heat or in immediate danger of being without heat a grant of up to $300 is available.
Heating system repair intervention - If your heating system requires repairs to make it work properly, then your LIHEAP Crisis agency will refer you to a provider to make repairs to your heating system without charge.

The eligibility level this year is set at 150% of federal poverty guidelines. Application forms for LIHEAP are available at all county assistance offices, or you can download the form at the PA Department of Public Welfare Website at www.dpw.state.pa.us

To apply for LIHEAP you will need the following:

Names and dates of birth for people in the household
Proof of income for all household members
Copy of a recent heating bill.

Winter protection

Between December 1 and March 31 each year, a household in which the income of the adults does not exceed 250% of Federal Poverty Guidelines is protected from the shut-off of utility service.

To get this protection, inform your utility company about your household income level now.

Medical Certificate

If anyone in your household is ill or has a medical condition which will be aggravated by the loss of utility service you will be protected from shut-off if you contact your utility company and enter into an equitable payment agreement.

Request your doctor or nurse practitioner to write a note to the utility company. You will need to up-date the note each month.

Protection From Abuse Order

Inform the utility at once if you are protected by a Protection from Abuse Order (PFA).
The utility company in your community is required to follow separate procedures which may provide you with more flexible financial terms and greater levels of protection.

Your Rights

If you are not satisfied with the grant amount you receive or the way you are treated, you can request a hearing through the County Assistance Office. You can also contact Northwestern Legal Services to learn if you are eligible for representation by a law worker as you file your appeal.

For more information about legal aid, go to www.nwls.org.

Stay Informed

It is not unusual for changes in LIHEAP to be announced after the program opens in November. These changes may expand eligibility, provide you with additional assistance, or extend the length of the program. In addition, the Governor, the Public Utility Commission, or your utility company may provide additional assistance through the "Stay Warm Pennsylvania" initiative.

You can access information about LIHEAP, including income eligibility guidelines, at the PA Department of Public Welfare Website at www.dpw.state.pa.us

Be alert to the possibility of these changes!

Executive Director's Desk

As the year draws to a close, I want to reflect on some of the notable events that helped shape the mission of Northwestern Legal Services throughout our region.

The Erie Clients Council has reorganized and is now meeting regularly. The council, together with our legal aid program, facilitated a public meeting in May to educate our community about Northwestern Legal Services and the Erie Clients Council.

Our staff has gone through some significant changes this past year. Attorney Paul Troskosky from the Bradford Office retired in May after more than 30 years of service to our program. Chris Antalics is now the staff attorney serving McKean and Potter Counties. Also in the eastern part of our region, Karey Smith was promoted from part-time secretary to full-time paralegal in order to assist clients with their SSI cases. Carin Rauenzahn was hired as a part-time secretary in the Warren Office.

Keith Kirsch, managing attorney in Warren , was given the added responsibility of managing the Bradford office. Dionis Blauser was promoted to managing attorney of the Farrell Office in February and became manager of the Meadville and Franklin offices in November. Back in Erie, attorney Joy Smith was hired in June to a temporary position assisting clients with bankruptcies and developing a stronger pro bono panel for these cases. In November we hired two new staff attorneys, Jennifer Krause and Tami Chin, to expand our service delivery system.

Our staff members have a strong commitment to helping the low income community and remain ready and able to meet the challenge. I would like to acknowledge their hard work and dedication. Our board members have also been an integral part of our journey this year. Along with the staff, we have conducted a legal needs study and will be setting priorities for the coming year. This is always a difficult task.

Having reminisced about this year, I look forward to the challenge of 2007 and assisting our low-income community in their quest for justice.

Robert A. Oakley, Esq.

NWLS Welcomes New Attorneys to Our Staff

Northwestern Legal Services is pleased to announce the addition of two attorneys to our legal staff.

Jennifer Krause will begin work in November as a staff attorney in the NWLS Erie office. A graduate of Mercyhurst College, she completed her law degree from the University of California, Davis. While in law school, Krause was chairperson of the King Hall Legal Foundation, a non-profit organization that raises funds for public interest legal work.

Prior to joining NWLS, Krause worked as a staff attorney in a private law firm in Erie where she specialized in worker's compensation and social security law. At NWLS she will represent clients in a variety of civil cases, with a special emphasis in areas of employment law.

Tami Chin has accepted the position of staff attorney in the NWLS Meadvillle office. A graduate of Brigham Young University, she completed her legal training at the University of Notre Dame Law School. While in law school she served as executive editor of the Journal of College and University Law.

Attorney Chin will represent clients in civil cases beginning in November.

NWLS Elder Law Project

Addresses Unique Needs of Elderly Population

As the number of Baby Boomers with an eye on retirement increases, it is important to understand the civil legal issues they may face.

The NWLS Elder Law Project is designed to provide free legal aid to low-income seniors with these legal concerns. It also enables NWLS to develop expertise in the kinds of issues that will confront a growing portion of the population.

"The project addresses the unique civil legal needs of the elderly in our region. As people grow older, they may experience specific legal problems as a result of their age. We need to be ready for that," explained Julia Bandecca, the NWLS staff attorney assigned to the project.

With nearly twenty years experience as a legal aid staff attorney, Bandecca has represented clients in a wide variety of civil cases. The Elder Law Project, though, is bringing new challenges to her caseload.

"I recently represented an elderly client whose home was scheduled for a tax sale because of unpaid property taxes. Her monthly income was so low that she couldn't pay her basic bills and her taxes," Bandecca reported.

Attorney Bandecca was able to help the client use the equity in her home to obtain a "reverse mortgage." The income from the reverse mortgage enabled the client to pay all her past due property taxes, and to help with the property taxes for a few years to come.

The result is that the elderly client can remain in the home where she has lived all of her life.

The NWLS Elder Law Project is made possible by a special project grant from the Pennsylvania Interest on Lawyers Trust Account (IOLTA).

Earned Income Tax Credits Help Low-income Taxpayers

By Regis P. Bodnar, Senior Tax Specialist, Internal Revenue Service


Overview:

With tax season approaching, it's time for low-income taxpayers in northwestern Pennsylvania to file away some important information about Earned Income Tax Credits (EITC).

Originally approved by Congress in 1975, EITC has become our nation's largest and most important anti-poverty program. Designed for people who earn low-to-moderate incomes, the program can result in a tax refund for those who claim and qualify for the credit.

In 2004, for example, 20,877 taxpayers in Erie County received an average refund of $1,743 on their federal tax returns through the EITC program. That is well in excess of $36 million

The General Accounting Office, however, estimates that up to 25 percent of taxpayers eligible for the tax credit failed to claim it on their returns. Using the 2004 statistics, it means nearly 7,000 taxpayers in Erie County qualified for EITC but did not receive the credit. That is over $12 million in unclaimed refunds.

The EITC has no effect on certain welfare benefits. In most cases, EITC payments will not be used to determine eligibility for Medicaid, Supplemental Security Income (SSI), food stamps, low-income housing or most Temporary Assistance for Needy Families (TANF) payments.

Promoting Awareness:

Family Services of Northwest Pennsylvania, with support from the Erie Community Foundation and other local organizations such as NWLS, is spearheading the campaign to promote increased awareness of the EITC in Erie County. The campaign also promotes the availability of free tax filing at Volunteer Income Tax Assistance (VITA) sites across the region.

The use of VITA sites will help ensure that low--ncome taxpayers take advantage of all of the tax credits they are entitled to receive, while saving the cost of a paid preparer and a high interest "refund anticipation loan" (RAL).

It is also important to note that of the 26 VITA locations in Erie County last year, ten sites were able to electronically file returns.

Electronic filing of a tax return, coupled with a bank account where funds can be deposited directly, greatly expedites the process of getting your refund from the IRS.

Getting Ready:

While local agencies are working together to promote awareness of EITC, the IRS is joining efforts to encourage low-income residents of northwestern Pennsylvania to apply for the credit. Plans include opening VITA sites as early as possible in January, and to schedule more tax preparers the first weeks of operation to handle heavier demands.

The IRS Web site at www.irs.gov has posted detailed information about the basic requirements in order to apply for EITC, as well as information about using the EITC worksheet to file the tax forms yourself.

The IRS Web site also has an easy-to-use feature called the "EITC Assistant." By answering some simple questions, you can help determine whether you qualify for the tax credit. The assistant also helps determine if you have one or more qualifying children.

NWLS will post the complete list of VITA sites in northwestern Pennsylvania on its Web site, www.nwls.org, as soon as it becomes available.

Keep All the Money that Belongs to You

Earned Income Tax Credits are designed to help low-to-moderate taxpayers keep more of what they earn. When these people use a paid tax preparer coupled with a "refund anticipation loan" (RAL), they end up paying a high price for their actions.

The Brookings Institution estimated that the average cost for a tax filer who uses a tax preparation service and RAL is about $220. Many low-income individuals, moreover, don't have a bank account, so they end up paying an additional fee to have the IRS check or loan check cashed.

Here's a way to get all of the money that belongs to you:

Get Free Help Filing Your Federal Tax Returns

The IRS offers free tax preparation through a program called Volunteer Income Tax Assistance (VITA). VITA sites are open across the nation from January through April 15. Many of these sites know have electronic filing of tax returns.

When a taxpayer files a federal return electronically, and has a bank account (checking or savings) where the refund can be deposited directly, the IRS refund will usually arrive within eight to ten days.

Be smart, and keep all of the money that belongs to you.

On the Web

Receive "Access to Justice" Newsletter Online
In addition to sending the NWLS quarterly newsletter "Access to Justice" via postal mail, we also post an online version of the publication on our Website in "blog" format. It contains all of the news and information contained in the printed version. If you would rather receive the newsletter in this digital format, please e-mail your requests to us. When the newsletter is published to the Web, we will send you an e-mail containing a link to the site. By access the link, you will not have to download a large attachment to the e-mail, and you will save us some postage on the printed version of the newsletter.
Requests for an electronic version of our newsletter can be sent to the following address: vbrocki@nwls.org


Pueblo, Colorado 81009
For years, consumers have written to Pueblo, Colorado 81009 for a variety of consumer information. Now you can get this information in print, over the phone or via their website at www.pueblo.gsa.gov. Here they offer information from "7 Practices for Safer Computing" to "Life Advice About Caring for an Aging Loved One". The topics are wide in range, with information regarding cars, computers, education, employment, family, federal programs, food, health, housing, money, small business, travel, etc. Take some time to check it out.

Citizens Must Prove Status/Identity to Qualify for Medicaid

By Michael Campbell, Esq., Executive Director, PA Health Law Project

Congress has placed the "burden of proof" on many Medicaid applicants and recipients.

Beginning July 1, the "Deficit Reduction Act" passed by Congress requires people claiming to be U.S. citizens or nationals to document both their citizenship and identity in order to qualify for Medicaid. Medicaid is the federal name for Pennsylvania's Medical Assistance (MA) Program.

A person does not have to be a U.S. citizen in order to qualify for Medicaid. However, those claiming citizenship must prove their status, either at the time of application or at their first re-determination.

Those who don't have a preferred document (such as a passport) will need to separately prove both citizenship and identity, or risk being denied or terminated from Medical Assistance.

Past and present Supplemental Security Income (SSI) and Medicare recipients are exempt from the new guidelines.

Acceptable Proofs

Federal regulations identify a complex list of documents that may be used to satisfy the new requirements.

Some documents, such as a U.S. Passport, a Certificate of Naturalization, or a Certificate of US Citizenship, prove both citizenship and identity. A birth certificate (or other documents such as a Certification of Birth Abroad), can be used for citizenship. A driver's license with picture can be used for identity.

For individuals who lack a birth certificate and/or driver's license, a number of other documents can be used to meet the new guidelines. It is even possible to present affidavits from two individuals who attended your birth in the United States, only one of whom can be a relative.

Assistance from DPW

It is expected that the heaviest burden of these regulations will fall on persons born out of state, and adopted children.

In Pennsylvania, the Department of Public Welfare (DPW) intends to assist all individuals applying for or currently receiving MA to obtain the necessary proof of citizenship (or nationality) and identity.

The department has also established a special verification unit to help track down birth certificates and driver's licenses in Pennsylvania and in other states.

If all other conditions of eligibility are met, except the documentation of citizenship and identity, DPW has announced that eligibility for MA will not be denied or terminated, so long as the individual is cooperating.

What To Do If . . .

If you, or someone you know, is denied Medical Assistance in Pennsylvania because of the new requirements for documentation, it is important to get help from legal aid.

The Pennsylvania Health Law Project provides free legal services and advocacy to Pennsylvanians having trouble accessing publicly funded health care coverage or services. For assistance, call their helpline at 1-800-274-3258 or 1-866-236-6310 TTY.
Northwestern Legal Services provides civil legal aid to low-income residents, including issues with Medical Assistance. In Erie, call NWLS at 452-6957. For individuals outside of Erie, you can use their toll free number at (800) 665-6957.

To Learn More

The PA Health Law Project has a Website that provides news and information about issues that impact publicly funded health care in Pennsylvania. You can access their site at www.phlp.org

The federal Centers for Medicare and Medicaid Services published Interim Final Regulations implementing the new requirements on July 12, 2006 in the Federal Register. The regulations can be viewed at: http://www.gpoaccess.gov/fr/index.html, type in the key words "citizenship" and "Medicaid."

Act 78 Signed Into Law

Expand Insurance Protection for Victims of Domestic Violence

Act 78 of 2006 amending the Unfair Insurance Practices Act was signed into law by Pennsylvania Governor Ed Rendell on July 7, 2006. The law will go into effect on September 5.

Act 78 expands the definition of "abuse" in the Unfair Insurance Practices Statute to include property damage, and it establishes a statutory prohibition against an insurance company's refusal to pay automobile and homeowners' claims arising out of abuse to an innocent claimant when an abusive partner intentionally causes the property damage.

Prior to the new law, property and casualty insurance policies typically denied claims resulting from an "intentional act" by a named insured. Victims of domestic violence, though, faced hardship due to this exclusion when batterers damaged property.

State Representative George Kenney, prime sponsor of the bill, became interested in this issue in 2001 when one of his constituents found herself and her children homeless after her estranged husband set fire to their house.

The insurance company filed a federal lawsuit, claiming no obligation to pay damages because the batterer deliberately torched the house, even though the wife was completely innocent.

The Pennsylvania Coalition Against Domestic Violence and the Women's Law Project of Philadelphia worked together to get passage of the new bill.


Information in this article was taken from a press release by the Pennsylvania Coalition Against Domestic Violence. You can see the full text version on their website at www.pcadv.org

Executive Director's Desk

Long Time Passing or Have We Won the War Yet?

In 1963, Rev. Martin Luther King organized a massive march on Washington and delivered his now famous "I Have a Dream" speech. This, and the voter drives throughout the south, paved the way for the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Important steps in empowering the disenfranchised.

Approximately 40 years ago, then President Lyndon B. Johnson declared War on Poverty. No, it was not a war on the poor but on poverty - to eradicate poverty from our Great Society. When I heard about his plan, I was elated. Could it really happen or was it just "pie in the sky?"

Now, 40 years and many presidents later, poverty still exists. In the richest country in the world, we still have abject poverty. Homeless people and families live in cardboard boxes or in shelters, medical treatment for the uninsured and under insured is hard to come by, and domestic violence permeates all income strata.

Can the war on poverty be won successfully? A biblical quote states "there will be poor always." But shouldn't we strive to lessen the effects of poverty on people, children, and families? Employment, Health Care Benefits, Education, Child Care are among the areas that need to be fully addressed. This certainly is an accomplishable goal but it will take hard work and significant funding. After all, it is a War on Poverty and we must be willing to finance it for the betterment of our society.

Thank you,


Robert A. Oakley, Esq.
NWLS Executive Director

Summer Reflections on Legal Aid

Editor's Note: Jeffry Johnson, a second year student at Dickinson Law School, recently completed a Martin Luther King Jr. Summer Internship at Northwestern Legal Services. Here are some excerpts from his journal:

My introduction to public interest law involved observing client intakes/interviews. Persons who were "knocking on their last legal door" came to NWLS with a personal story to tell. How their eyes glistened when the law worker listened and spoke with them compassionately! Yes, indeed, each law worker was careful to avoid extinguishing the flame of hope of each disadvantaged client.

There is a nagging stereotype that persons who work in the public interest law/legal services arena are "second-rate" law workers. This mindset partly springs from the fact that public interest law clients do not pay for the legal services they receive. Second rate? Nothing could be further from the truth! From my summer internship, I can testify that public interest clients would be hard-pressed to find more dedicated and knowledgeable persons to represent them.

In conclusion, working in public interest law may not be as glamorous as working in private practice, however, public interest law employees can have inner contentment and pride for jobs well done. I appreciated how public interest law workers empathize with their clients and genuinely display an interest in helping them. These qualities were exhibited many times over by my colleagues at NWLS.

Emergency Cash from New Welfare Program

Are you "between jobs" and find yourself in a financial crunch? You expect to find work soon, but paying bills in the short term is a real problem.

A new program from the Pennsylvania Department of Public Welfare (DPW) is designed to ease the burden.

The program is called TANF Diversion, and it provides short term assistance for people in financial crisis due to a temporary loss of income. It is a one-time payment, and the maximum amount is equal to up to three months of the monthly grant for a specific family size.

For example, a family of four can receive a grant of up to $1,491 for expenses. You can apply for the grant only once in a 12-month period.

TANF Diversion

TANF Diversion is different than regular TANF in a number of ways. There is no employment and training requirement outlined in an Agreement of Mutual Responsibility (AMR), and the program does not count toward the "TANF time clock." Also, there is no child support requirement during the three-month grant, and the client receives the entire amount of any child support payments.

There is an option to receive extended medical coverage for up to one year if the applicant chooses to apply for Medicaid.

Benefits are put on the EBT card, and the TANF Diversion payment will not affect your other benefits such as food stamps and child care.

To apply for the new program, you will need to fill out an application at a county assistance office. Just be sure to tell your case worker that you want to apply for TANF Diversion, and not regular TANF.

Requirements

In order to receive TANF Diversion, you must meet the income eligibility requirements for regular TANF during the month that you apply. You must also be currently employed, or have received earned income in the last 90 days.

You must also verify a financial need in order to qualify for the program. Needs include the following:

* Work expenses, such as uniforms, highway tolls, etc.
* Housing costs, including rent, mortgage payments, home repairs, or utility payments
* Child care costs
* Transportation expenses, such as car payments, car repairs, or car insurance
* Costs to relocate for a new job

Also, applicants must expect self-sustaining income from the following:

* Employment
* Child Support
* Worker's Compensation
* Unemployment Compensation
* Veteran's Benefits
* Retirement/Pension Payments
* SSI or SSDI

A Caution

TANF Diversion is really designed for people "between jobs" who expect to find employment soon. The large grant may seem attractive, but a word of caution is in order.

If you receive a Diversion grant, and you then apply for regular TANF before the three month period expires, an overpayment will exist. DPW will reduce your regular TANF grant in order to balance the money that was given to you "up front" as part of the Diversion program.

Find Your Compass

Pennsylvania residents who receive government benefits can use the state's online service to access important information. COMPASS stands for Commonwealth of Pennsylvania Access to Social Services.

Here is how COMPASS can help you:

* The self-screening questionnaire can tell you which social services the members of the household may be eligible to receive.
* The application lets you apply online for social services offered by the Commonwealth of Pennsylvania.
* The renewal function allows you to provide the information necessary to determine continued eligibility of benefits when the end of your benefit period approaches.
* You can log into My COMPASS Account to view a summary of your benefit details. This option is only open to individuals receiving Medicaid, Food Stamps, Cash Assistance, Long Term Care, or Waiver benefits through the Department of Public Welfare. Coming soon, you will be able to view your CHIP and adultBasic benefit details in COMPASS.

To access COMPASS, go to the following Website:

https://www.humanservices.state.pa.us/compass

On the Web

Stop the Phishing Before You Get Hooked

www.antiphishing.org is a website focused on eliminating the fraud and identity theft that can result from phishing attempts to steal consumers' personal identity data (such as credit card numbers, account usernames and passwords, or your social security number.) This website documents known phishing scam emails and websites to help you identify and avoid being scammed. You can also use the site to report any known attempts that you have encountered, and it offers advice to consumers on what to do if you've already given out your personal information. Be on your guard and protect your personal information!


Get the Facts

Parents, get the facts on various kinds of illegal drugs that your children may confront in their lives. Educate yourself on the common signs of use, the physical effects, learn about drug packaging, and the associated health hazards. The PA Attorney General website offers various brochures on these and other related topics. Get the facts to help your kids! http://www.attorneygeneral.gov/kidsparents.aspx?id=490

Beware of Housing Scams

An Erie woman recently discovered new meaning in the old saying "buyer beware."

She responded to a yard sign advertising "completely remodeled" homes for sale. The home she bought in Erie for $50,000 was, in fact, worth about $25,000 and had hidden structural, electrical and plumbing problems.

Even more, the mortgage broker recommended by the seller talked her into a loan with a variable interest rate that caused her monthly payments to increase by about $150 two years after the purchase.

Unable to make payments because of high repair costs and a higher loan, the mortgage company foreclosed on her property. Attorneys in the Pittsburgh office of the Community Justice Project, a statewide non-profit law firm, intervened to stop a scheduled sheriff sale and are trying to help her keep her home.

"Flipping"

Her case shows some common dangers that exist for low-income homebuyers. One pitfall to avoid is "flipping."

Some unscrupulous individuals purchase houses at foreclosure sales, perform minor cosmetic repairs, and then sell the houses as "completely remodeled." These homes often have serious structural problems and can even be dangerous places to live.

A review of the title history of this client's house shows that it was purchased at a sheriff sale just a few months before it was sold to her. This strongly suggests that it was "flipped."

If you are buying a "completely remodeled" house, be sure to personally examine the house and, if possible, have an independent home inspection done. Also, be sure that the seller has given you a "Seller Disclosure." Every home seller is required by law to give the purchaser a list of known defects with the property.

Over-Appraisal

Another pitfall to watch for is an over-appraisal. This client agreed to purchased her house for $50,000. However, an independent appraisal recently revealed that the house is actually worth about $25,000.

One easy way to double-check the appraisal is to look at the county property assessment of the house you want to buy. While the appraised price and the assessed price will probably not be the same, a large difference between the two may be a sign of trouble.

Variable Interest Loans

The client's mortgage had a "variable interest rate" provision that took effect two years after she bought the house. This meant her monthly payments jumped by about $150. She had no idea that her loan contained this provision. Her broker didn't tell her about it, and she didn't read her loan documents independently before she signed them.

While federal law requires that mortgage companies disclose a variable interest rate in your loan paperwork, neither the mortgage company nor your broker is required to actually tell you about it.

When searching for a home, be alert and even a little skeptical. Read your loan documents carefully and get an independent home inspection or appraisal before signing any papers.

Also, shop around when looking for a reputable seller, lender or mortgage broker by asking friends and family for people they recommend.

What You Should Do If . . .

If you think you are a victim of a housing scam, you need to get legal help as soon as possible. Here are some resources that low-income home owners can turn to for aid:

St. Martin's Center Housing Programs - Provides information and assistance to people who may be victims of housing scams. Call (814) 452-6113, ext. 117

PA Office of Attorney General, Bureau of Consumer Protection - Investigates and mediates consumer complaints, including housing issues. Their Web site is at www.attorneygeneral.gov . You can call the Erie office at (814) 871-4371.

Community Justice Project - Protects the civil rights of low-income people through impact advocacy. Their Web site is www.communityjusticeproject.org

Executive Director's Desk

"Prioritizing Your Needs"

As many of you know, Northwestern Legal Services (NWLS) is a private non-profit organization charged with assisting the citizens of a ten-county area in northwestern Pennsylvania in civil legal matters by direct representation, telephone advice and through community education and clinics.

By regulation of the Legal Services Corporation, a funding source, we are required from time to time to conduct a legal needs survey randomly distributed to past, present, and future clients as well as to lawyers, judges and human services providers throughout the area. Since it is not possible for us to handle every legal issue that may affect a low-income person, we are interested in gathering information that will help us prioritize these civil legal needs.

In addition to the surveys, our staff will also be conducting public discussions to solicit your input. Once we receive the surveys and other feedback, we will aggregate the results and provide information to our board of directors in order to draft new priorities. Once we have a draft, we will have several public meetings to discuss the draft priorities and to solicit further feedback. This process will tell us the types of cases that are of greatest need in our communities.

If you receive a survey in the mail, please take a few minutes to complete it and return it to us. If you are approached by one of our staff or board members, please take a minute to give your "two cents worth" so that we can assess your priorities for the coming years.

Thank you,


Robert A. Oakley, Esq.
NWLS Executive Director

Town Meeting Scheduled May 31

If you have any questions about the mission of Northwestern Legal Services, we have the answers at a meeting that is free and open to the public.

The Erie County Clients' Council has scheduled an informational town meeting for Wednesday, May 31 at the Erie Insurance Auditorium, 100 Erie Insurance Place, from 6:30 to 8 p.m. The purpose of the meeting is to explain the process of becoming a client at Northwestern Legal Services, along with the types of civil cases that are currently being accepted for legal representation and/or counsel.

The town meeting is also an opportunity for the Clients' Council to explain their role in helping Northwestern Legal Services provide free legal aid to low-income individuals and families throughout our 10-county service region. Members of the council will be on hand to introduce themselves to the public, and to encourage client-eligible people in our community to get involved in the activities of the organization.

Staff from Northwestern Legal Services will help present the topics, and they will be available to answer general questions about the mission of legal aid.

For more information about the town meeting, call Kathy Landis at Northwestern Legal Services at 452-6949, ext. 115.

Tammy Marie Lamary Named Pro Bono Attorney of the Year

The Erie County Bar Association and Northwestern Legal Services selected Attorney Tammy Marie Lamary as this year's Pro Bono Attorney of the Year. The award is given each year to a private attorney who has made a significant commitment to pro bono representation of low-income clients with civil cases in Erie County.

Attorney Lamary is a 2003 graduate of the University of Pittsburgh School of Law, and she currently serves as law clerk for Judge John A. Bozza on the Erie County Court of Common Pleas.

Prior to joining Judge Bozza's staff, attorney Lamary worked in 2005 as a volunteer attorney in the Erie office of Northwestern Legal Services. During that time she accepted 50 pro bono cases, and devoted nearly 300 hours of pro bono representation to low-income clients in Erie County.

In addition to her legal representation of low-income clients in civil cases, attorney Lamary also was involved in staffing the custody clinic at Northwestern Legal Services.

"Throughout all of her volunteer work at Northwestern Legal Services, Tammy was a strong advocate for the rights of low-income clients, and she was sympathetic to the struggle of poverty-level individuals and families," explained Bob Oakley, NWLS executive director.

The award was presented to attorney Lamary at the Law Day luncheon on April 28 at the Erie Shrine Club. Law Day is held each spring to celebrate the importance of the rule of law to our democratic ideals.

Amendments to PFA Act

On November 10, 2005, Pennsylvania Governor Ed Rendell signed into law amendments to the state's Protection From Abuse Act. These amendments, which took effect on May 9, include some of the following provisions:

Increase the permitted duration of a PFA from 18 months to 36 months

Direct that PFA court judges consider risks of harm to both children and abused parents when awarding temporary custody rights

Give judges authority to order supervised probation of a PFA defendant who violates the order

Require the court to grant an extension of the PFA order upon conviction of the defendant for PFA indirect criminal contempt if the plaintiff requests an extension

Authorize sheriffs to arrest perpetrators and to file charges against defendants for violations of the PFA orders

Clearly permit the court to order relinquishment of all firearms for the duration of the PFA order

Increase the minimum fine for PFA indirect criminal contempt from $100 to $300

Provisions Regarding Firearms

The new amendments also include a number of provisions applicable to firearms surrender, deposit and safekeeping. These provisions are both lengthy and complex, and cannot be completely summarized in this newsletter. Some of the key elements, though, are the following:

The amendments assign primary responsibility for overseeing the relinquishment of firearms to the sheriff's office in each county

Placing weapons with the sheriff is only one way that weapons can be secured during the pendency of a PFA order. Each county sheriff's office is also in charge of a process whereby the defendant can turn weapons over to a third party rather than surrender them to the sheriff

Each sheriff's office is also given responsibility with regard to the return of weapons at the expiration or termination of a PFA order. The amendments obligate the sheriff at the expiration of an order and upon request of the defendant to 1.) determine whether the defendant is not otherwise prohibited from possessing the firearms, and 2.) if the defendant is not otherwise prohibited, to return the surrendered firearms to the defendant.

Agencies or individuals who want to learn more about the new amendments to Pennsylvania's Protection From Abuse Act, or to schedule training about the new provisions, are urged to contact the legal department at the Pennsylvania Coalition Against Domestic Violence toll-free at 1-888-235-3425, or to go to their website at www.pcadv.org.


Information in this article was taken from the PCADV newsletter "STOP," the Winter 2006 edition. The article, authored by staff attorney Kathy Morrison, is available on the PCADV website.

Erie County Public Defender's Office

Newly-elected Erie County Executive Mark DiVecchio has appointed Tony Logue as Chief Public Defender.

Attorney Logue oversees a staff of seven full-time attorneys, thirteen part-time attorneys, two investigators, and three support staff. The office provides legal representation at no cost to clients who meet financial guidelines in the following types of cases:

Adults charged with criminal or traffic offenses that carry possible incarceration as punishment

Juveniles charged with criminal offenses

County or state parole/probation revocation proceedings

Proceedings under the Mental Health Act that may result in involuntary commitments

Violations of Protection From Abuse orders

Support contempt proceedings

Proceedings before appellate courts

Representation of children in dependency hearings

An interview with a potential client is used to determine if the person qualifies for free representation by the Public Defender's Office. These interviews are conducted either at the main office located at 509 Sassafras Street, or at the Erie County Prison if a potential client is incarcerated. A case is assigned to a staff member as soon as a person qualifies for service.

Among the changes that attorney Logue has instituted in the Public Defender's Office is a Citizens Advisory Committee that will assist him in determining how best to meet the needs of potential clients. He has also developed an assignment system that will better insure continuity and efficiency of client representation. Logue has also appointed Erie attorney James Pitonyak as First Assistant Public Defender.

For more information about the services at the Public Defender's Office, you can call them at 451-6322, or go the Erie County government Web site at www.eriecountygov.org .

On the Web

Guide to Legal Information and Free Civil Legal Services in Pennsylvania

Be sure to visit and bookmark http://www.palawhelp.org/. This site, created by the Pennsylvania Legal Aid Network, is a guide to free civil legal services for low-income persons and seniors in Pennsylvania. It contains a large library of brochures and self-help guides, links to benefit calculators and on-line applications for many benefit programs, legal news items, listings of contact information for legal service providers across Pennsylvania, a directory of court information and much more.


Request Your Free Annual Credit Report

You can receive one free credit report from each of the three credit reporting agencies annually. The information in your credit report is used for eligibility by private landlords, housing authorities, loan companies and banks. Shouldn't you know what's on it? Go to http://www.annualcreditreport.com/ and follow the simple instructions to request your credit reports online.


Consumer Protection On-line Booklet

The Pennsylvania Office of Attorney General offers their informative Consumer Protection Booklet online at
www.attorneygeneral.gov/uploadedFiles/Consumers/bcp_book.pdf