Thursday, March 20, 2008

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.

Tuesday, October 30, 2007

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.

Tuesday, July 17, 2007

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.

Wednesday, March 28, 2007

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.

Thursday, December 28, 2006

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