Legal Aid Society of Columbus

Kate McGarveyDeputy Director & Managing Attorney, Public Benefits

Unit

Who We Are Nonprofit law firm providing free civil

legal services and pro bono programming for indigent clients in Central Ohio

Two offices: Columbus office provides services to residents

of Franklin and Madison counties Located at 1108 City Park Avenue

Columbus 43206 Marion office provides services to residents of

Delaware, Marion, Morrow and Union counties Located at 150 Oak Street

Marion 43302

Who We Are Income guidelines

Total household income must be at or below 200% of the federal poverty line

Citizenship guidelines Lawful Permanent Resident Asylee Refugee Alien who is (1) married to US citizen (2) a parent

of US citizen or (3) has filed an application for adjustment of status to permanent residency

Individual granted withholding or deferral of deportation or removal

Conditional entrant

Services Provided

Scope of services provided Counsel and advice Brief service Extensive representation

Representation at a hearing Appeals to Court of Common Pleas, Court

of Appeals and Federal District Court Referrals

Substantive Units

Consumer Foreclosure, debt collection, predatory

lending, creditor harassment, scams, car repossessions (other used car issues), wage garnishments, bankruptcy

Bankruptcy By-Pass Available for elderly or disabled individuals who

are long-term “uncollectable” Individuals with fixed income such as Social Security,

Supplemental Security Income, or a pension who are being harassed by creditors

Legal Aid sends out letters to the client’s creditors telling the creditor that the client is long-term uncollectable and to stop contacting the client under the Fair Debt Collections Practices Act

Substantive UnitsDomestic Divorce

Priority placed on cases involving children, marriages longer than 10 years, victims/survivors of domestic violence or other vulnerabilities

Child custody Initial custody cases, priority placed on cases involving domestic

violence or other vulnerabilities Representation in modification proceedings when caller has already

been designated the residential parent Child support

Representation for obligees when part of a divorce or custody case Representation for obligees when their child support cases are

dismissed because of a custody filing Limited representation of obligors if asserting a disability

Spousal support Civil Protection Orders (domestic violence)

Representation for victims/survivors by filing petitions for CPOs and stalking protection orders

Representation of petitioners who have already filed and need assistance at full hearing

Substantive Units

Housing Evictions from subsidized housing

(Section 8, HUD or public) Lockouts (without the eviction process)

or Utility shut-offs (in landlord’s name) General housing conditions issues Banning visitors from rental housing Security deposit issues Termination of Section 8 voucher,

subsidized housing eligibility issues Public housing application denials

Issues relating to tenants in foreclosed properties

Substantive UnitsTax Assistance with disputes with the IRS

including audits, tax court petitions, garnishments and collection issues, innocent spouse issues or ID theft

Specifically, handle calls from individuals who have received: Letter from IRS notifying that tax return is being

audited or examined Letter from the IRS notifying of a deficiency in taxes

Notice of lien placement on property or garnishment of wages due to past taxes

Bill received from IRS for taxes from a joint return Letter from IRS concerning Earned Income Tax Credit Calls regarding owing tax debt and inability to pay

Volunteer Resource Center In-house volunteers link individuals

with pro bono attorneys for handling of: Private eviction cases Consumer debt issues

Credit card collection cases brought by debt buyers and original creditors

Unemployment Compensation appeals Rent escrow cases

Pro Bono and other Referrals

Case Referral Projects Chapter 7 Pro Bono Program

Individuals with income below 100% fpl may be eligible for a pro bono bankruptcy

Court costs for these clients are generally waived, but individual may be responsible for costs associated with obtaining a credit report and credit counseling classes

Individuals who are currently collectable or dealing with an issue that necessitates a bankruptcy (utility shut-off for example) are prioritized

Senior referrals for Wills, Living Wills, and powers of attorney Low-Income Taxpayer Clinic Legal Aid Reduced fee Referral Project (LARP)

Uncontested divorces Chapter 7 Bankruptcies

Individuals pay reduced costs to cover legal representation and filing fees

Pro Bono and other Referrals

Limited Assistance Clinics Wills Fresh Start Clinics

Expungement forms preparation, Certificate of Qualification for Employment

Naturalization Clinics Private attorneys assist lawful permanent residents with

questions and help completing naturalization application Education Clinic

Ensuring children with disabilities receive adequate supports

Brief Advice and Referral Clinics Churches, Homeless Shelters, VA

Pro Bono and other Referrals

Substantive UnitsPublic Benefits Terminations, reductions or denials of

eligibility for the following programs: Food Assistance, Medicaid, Medicare, Ohio Works First,

Prevention Retention and Contingency, Title XX child care, Unemployment Compensation, Disability Financial Assistance, Medicare Savings Programs Medicaid—includes denial, reduction or termination of

home care services

Loss or denial of Veterans benefits Terminations or overpayments of Social

Security benefits Medical debt issues—lawsuits and assistance

with HCAP/charity care Seniors work including nursing home cases

and senior documents (future planning)

Issue Spotting- OWF

OWF Application denials Tell them to appeal and refer to Legal Aid

OWF benefit terminations Tell them to appeal and refer to Legal Aid

Loss of OWF due to time limit Tell them to apply for a good cause or hardship extension

Denial of good cause or hardship extension application Tell them to appeal and refer to Legal Aid

Threatened with a sanction Tell them to appeal and refer to Legal Aid

Lost or stolen benefit card Tell them to contact their County DJFS office to report the loss;

County will provide the individual with the customer service number for the benefit card company

Refer the individual to Legal Aid

Issue Spotting - DFA

Adult with no children, reports disabling conditions and no income Tell them to apply for DFA (and Medicaid if no

insurance) DFA application denial

Tell them to appeal and refer to Legal Aid DFA benefit termination

Tell them to appeal and refer to Legal Aid Lost or stolen benefit card

Tell them to contact their County DJFS office to report the loss; County will provide the individual with the customer service number for the benefit card company

Refer the individual to Legal Aid

Issue Spotting - UC

Individual reports having been terminated from employment Have the individual apply for UC benefits if they have

not done so already Individual reports having been denied eligibility

for UC benefits Tell them to appeal and refer to Legal Aid

Individual reports having been approved for UC benefits but the employer is appealing Refer to Legal Aid

Individual reports having received a notice concerning a UC overpayment Tell them to appeal and refer to Legal Aid

Issue Spotting- SSI/ SSDI

SSI or SSDI application denials Tell them to appeal and refer to CBA Lawyer Referral Service or

Legal Aid SSI or SSDI benefit terminations

Tell them to appeal and refer to Legal Aid SSI or SSDI overpayments Tell them to appeal and refer to Legal Aid

Individual reports issues with their payee Tell them to contact SSA immediately to report the issue

and to submit a request to change payees; refer the individual to Legal Aid

Lost or stolen benefit card or stolen check Tell them to contact SSA immediately to report the issue; SSA will

provide the individual with the customer service number for the benefit card company; Refer the individual to Legal Aid

Issue Spotting - PRC

Parent fell behind in rent or utilities due to unexpected expense Tell them to submit a PRC application

PRC application denials Was the parent denied eligibility because they

received PRC the previous year for the same expense? Tell them to appeal and refer to Legal Aid

Did the parent already receive PRC assistance within the past 12 months? Tell them to appeal and refer to Legal Aid

Was the application denied because the parent owes more for rent or utilities than what PRC will pay? Tell them to appeal and refer to Legal Aid

Issue Spotting- FA

Application denials Tell them to appeal and refer to Legal Aid

Termination of food stamp benefits—whether due to income or not meeting the work requirements (sanction) Tell them to appeal and refer to Legal Aid

Reduction of food stamp benefits Tell them to appeal and refer to Legal Aid

Lost or stolen benefit card Tell them to contact their County DJFS office right

away to report the loss; the County will provide the individual with the customer service number for the benefit card company; refer to Legal Aid

Issue Spotting- Medicaid

Application processing delays Refer to Legal Aid

Denials of Medicaid coverage or private insurance through the Exchange Tell them to appeal and refer to Legal Aid

Termination of Medicaid coverage Tell them to appeal and refer to Legal Aid

Individual is denied a medical service or home care through Medicaid or Medicare Refer to Legal Aid

Lost benefit card Tell them to contact the Medicaid Consumer Hotline at 1-800-324-

8680 to request a replacement card Tell them to contact the customer service number for their

managed care plan to request a replacement card (can get this information from the Medicaid Consumer Hotline)

Issue Spotting- MSP

Adult with lower income reports Part B premium is deducted from SSDI benefit each month Tell them to apply for a Medicare Savings

Program Benefit delay—approved but deduction

still occurring Refer to Legal Aid

Benefit terminations Tell them to appeal and refer to Legal Aid

I Issue Spotting- Child Care

Working parent with low income reports concerns with private child care expenses Tell them to apply for publicly funded child

care Application processing delay

Refer to Legal Aid Application denial

Tell them to appeal and refer to Legal Aid Child care benefit terminations

Tell them to appeal and refer to Legal Aid

Appeal Process

Appeals are made to the Ohio Department of Job and Family Services (ODJFS), Bureau of State Hearings Request in writing (mail or fax) or by telephone

Bureau of State Hearings: 1-866-635-3748 Timeframe for submitting appeal

15 days from the date of the notice for continuing benefits 90 days total

Appeal Levels State Hearings Administrative Appeals—must submit within 15 days of

date of state hearing decision Common Pleas—must submit within 30 days of date of

administrative appeal decision

UC Appeal Process

Levels of Appeal Redetermination

Must be requested within 21 days from date of initial determination

Appeal to UC Review Commission for Hearing Must be requested within 21 days from the issuance

of the Redetermination decision Request for Review by UC Review Commission

Must be requested within 21 days from the date of mailing of Hearing Officer’s decision

Common Pleas Must be requested within 30 days from the date of

the Review Commission decision

Social Security Appeals

Appeal to the Social Security Administration

Levels of appeal Reconsideration Administrative Law Judge (ALJ) hearing Appeals Council Federal District Court

Time frame for submitting appeal 10 days from date received notice for continuing

benefits 60 days from date received notice of previous decision

Columbus Office Telephone intake: (614) 241-2001, toll free 1-

888-246-4420 Hours: 9:30 – 3:30 M-F

Marion Office Telephone intake: (740) 383-2161, toll free 1-

888-301-2411 Hours: 9:00 – 12:00, 1:00 – 4:30 M-F

Online intake for both offices www.columbuslegalaid.org

Intake

Questions?

Kate McGarvey614-737-0146

kmcgarvey@columbuslegalaid.orgwww.columbuslegalaid.org