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The Adult Home Project re-cently represented disabled adulthome residents in multiple summaryproceedings who were given a rentincrease of over 200%, thereby in-creasing their rent to $2,400. Theresidents were Supplemental Security
Income (SSI) recipients and privatepay residents. In order for the SSIrecipients to pay this rent increase,they would have had to use their per-sonal needs allowance (PNA). SocialServices Law 131-o prohibits an adulthome or community residence fromrequiring payment of the PNA to-wards the rent, even if the residentagrees. The residents also claimedthat the adult homes admission
agreement required a showing of in-creased costs of maintenance and op-eration as a prerequisite to a unilateralrent increase.
In the first proceeding, the court heldthat the home had failed to follow evic-tion procedures pursuant to Social Ser-
vices Law 461-g, and the action wasdismissed. The home commenced an-other summary proceeding in an at-tempt to evict the residents for nonpay-ment of the increased rent. Following atrial, the court held that the adult homehad failed to demonstrate increasedcosts sufficient to justify such anextravagant rent increase, therebydefeating the eviction and preservingthe housing for the residents.
Adult Home Must Justify Rent Increase
SPECIAL POINTS OF
INTEREST : Volunteer A t to rneys
Recogn ized fo r The ir Work
NSLS 2008 Wine
Tast ing Recept ion Law Serv ices in the
Communi ty New Hires , Promo-
t ion , Goodbye
NSLS Now Accept- ing Donations Onl ine
Message from the
Executive Director
In a great triumph for disabil-ity rights, Nassau Suffolk Law Ser-vices (NSLS) Protection and Advo-cacy for Persons with DevelopmentalDisabilities (PADD) Project has ob-tained a federal court settlement en-hancing the rights of persons withdisabilities in New York State who
require Medicaid home care assis-tance. In the case ofLeon v Danes,et.al, NSLS challenged policies andpractices of the New York State De-partment of Health (DOH) that effec-tively denied home care services tothe plaintiff and threatened her withinstitutionalization in violation of theAmericans with Disabilities Act(ADA) and the Medicaid law.
Jeanette Leon is twentytwoyears old and has lived with and beencared for solely by her mother sinceher father left the family long ago.She has been disabled since birth withCerebral Palsy, developmental de-lays, and many other severe disor-ders. In order for Jeanette to remainhome, she required nursing and assis-tance with all activities of daily liv-ing. For years, Jeanettes mom man-aged this intense level of care withhelp from the Medicaid home nursingprogram. As a result, Jeanette en-joyed an active life, was engaged inthe community, and completed highschool.
Receipt of Medicaid nursing(Continued on page 2)
OCTOBER, 2008
Law Services News
NASSAU/SUFFOLK LAW SERVICES COMMITTEE, INC. NAME
Application DelaysChallenged in Suffolk
3
Social Security Over-payments
3
HEAP 4
Utility Shutoff No-tice Basic AdvocacySteps
5
Disability Services 6
Fair Hearings 7
INSIDE THIS ISSUE:
Equal Justice
Under Law
Settlement Enables Disabled Client to Live at Home
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Settlement Enables Disabled Client to Live at Home
services became problematic because of a short-age of nurses willing to take the low Medicaidrate established by DOH in Suffolk County. Aprevious lawsuit brought by NSLS resulted in asettlement temporarily providing for a higher ratefor nursing services for our client. However, afterthe settlement expired, problems finding nursesresurfaced.
We subsequently recommended that momtry the Consumer Directed Personal Assistance
Program (CDPAP) which allows Medicaid homecare recipients to assume responsibility for direct-ing their home care program by hiring and train-ing personal assistants to perform the necessarytasks, including medical procedures. For a non-self directing recipient such as Jeanette, someoneelse must direct the personal assistant under theCDPAP program. This responsibility fell toJeanettes mom she was thus able to provideJeanette with the home care she needed. More-over, DOH benefited from the change to CDPAP
from home nursing because the CDPAP rate wasmuch less costly than nursing care. With homecare in place, mom was able to work as a part-time teaching assistant to help pay the house-holds expenses.
In 2006 SCDSS terminated the clientsCDPAP services which was affirmed by DOH,because of a DOH policy requiring that a self-directing other (mom) be present at all times thatmedical procedures were administered to Jeanetteby the CDPAP aid. Additionally, DOH failed to
provide any alternative Medicaid home care suchas nursing services, to prevent the clients institu-tionalization. Mom was confronted with the pos-sibility of placing Jeanette in a nursing home.
As a result of the successful settlement ofthis case, new policies and procedures have beenimplemented by DOH in both the MedicaidCDPAP and Private Duty Nursing programs. The
(Continued from page 1) revised CDPAP policies no longer require that aself-directing other be present at all times to super-vise medical procedures, and provides guidanceand clarification to local Department of Social Ser-vices (DSS) districts statewide regarding the as-sessment process for CDPAP. DOH also estab-lished prior approval procedures for clients to ap-ply for private duty nursing in those DSS districtsthat do not accept such applications (the vast ma-jority), now posted on the DOH website:www.health.state.ny.us/health_care/medicaid/publications/docs/gis/07ma008att.pdf. Included inthese procedures is the right to apply at the localDSS for a DOH case-specific enhanced paymentrate. The enhanced rate is applicable in all DSSdistricts in the State pursuant to the settlement andwill assist clients to obtain recommended nursingservices. Finally, the settlement provided compen-sation for funds mom was forced to pay out ofJeanettes trust to obtain home care services afterthe DOH termination. For information regardingthis release, contact Robert Briglio at the NSLSPADD program.
EQUAL PROTECTION FOR VICTIMS OF
DOMESTIC VIOLENCE
New legislation will extend access to civil or-ders of protection and other safety benefits af-forded to domestic violence victims throughNew Yorks Family Court to dating couples or
any other individuals who are or have been in-volved in a non-family, intimate relationship.Prior to this legislation, New York State law onlygave the right to obtain civil orders of protectionin Family Court to domestic violence victimswho were married, divorced, blood-related orcouples with a child in common. Other victimswere forced to go to Criminal Court to get anorder of protection.
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The Empire Justice Center and the National Center forLaw and Economic Justice filed a class action com-
plaint against Suffolk County on August 22, 2008 inthe U.S. District Court for the Eastern District of NewYork. The case is entitled Maryann C. v. DeMarzo.
The complaint alleges that Suffolk County Departmentof Social Services delays provision of public benefitssuch as food stamps, Medicaid, and temporary assis-tance to applicants by failing to determine their eligibil-ity within federal and state statutory time limits. Thecomplaint further alleges that DSS fails to provide forthe immediate medical needs of applicants while theirapplications are pending.
Plaintiffs are asking the court to order Suffolk County(1) to process applications and provide Medicaid in atimely manner; 2) to develop and implement a processthat effectively addresses immediate medical or otherneeds of individual applicants pending a final eligibilitydetermination; and (3) to provide timely and adequatewritten notices of determinations of eligibility forMedicaid, including notice of fair hearing rights.
The Empire Justice Center is accepting referrals of ap-plicants whose public assistance or food stamps caseshave been pending for more than 30 days, or whoseMedicaid cases have been pending for 45 days. Coun-sel for plaintiffs ask that you contact the Empire JusticeCenter (Cheryl Keshner-631-650-2317 or Linda Hass-berg 631-650-2305) or the National Center for Law andEconomic Justice (Laura Redman or Lynn Lu at 212-633-6967) for more information or to refer potentialclass members.
Linda Hassberg, Esq Empire Justice Center
SOCIAL SECURITY
OVERPAYMENTS
If you are a recipient of Social Security andget more benefits than you are entitled to during any
month or number of months, this is an Overpay-ment. The amount of an overpayment is the amountof benefits paid to you minus the amount you wereactually entitled to receive during a given time. TheSocial Security Administration (SSA) can takemoney out of your future checks to pay back an over-payment. You must first get written notice, and youdo have appeal rights.
First, you can ask SSA to review their deci-sion because you think that no overpayment occurredor if SSA has overestimated the amount of the over-payment. You should file a REQUEST FOR RE-CONSIDERATION form within 60 days if you thinkthere was a mistake. (Filing for the Reconsiderationwithin 30 days can keep benefits at status quo until adecision is rendered). If the reconsideration is unsuc-cessful, a hearing must be requested within 60 days.
Second, you can ask the SSA to "waive" or"give up" a valid overpayment claim against you byfiling a REQUEST FOR WAIVER. This can be doneat any time and means you are asking SSA not tomake you repay them. You must show you were notat fault AND that it would be a hardship to pay the
overpayment back. If the waiver is denied, there is aright to a hearing. It must be requested within 60days. NOTE: Social Security law permits the waiverof overpayments of $1000.00 or less without furtherdevelopment of the case unless the facts indicate faulton the part of the overpaid person. You MUST sub-mit a written request for reconsideration or waiver,though.
Third, you can file both a request for waiver andreconsideration if you think both apply to your situa-tion.
Even if you have to repay the Social SecurityAdministration, you may be able to pay back at alower rate than the normal 10% if you can show thatyou would not be able to meet your ordinary ex-penses. You may be able to get this rate lowered andhave the SSA withhold even less from your check.
Candace Appleton, Senior Staff Attorney, DAP
Application Delays Challenged in Suffolk
The Merging of Two DSS Centers
The South Shore Center has recentlymoved, merging with the Wyandanch Cen-ter at a new location. The address for the
new South West Center is:
2 South Second St. Deer Park NY 11729.Most phone numbers remain the same.
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TheHomeEnergyAssistanceProgram
What is HEAP?
The Home Energy Assistance Program (HEAP) is afederally funded program that provides financial as-sistance with heating costs to households that are in-come eligible. The receipt of HEAP can also have asignificant impact on food stamps budgets, resultingin a larger food stamp grant.
Who is Eligible for HEAP?
Eligibility is based on income and the housing situa-tion. Higher benefits are provided to those house-holds that: have larger percentages of their incomespent on energy costs; contain a vulnerable individ-
ual*; and have the lowest income. The total grossmonthly income for the household size must be at orbelow the following:
Gross Monthly
Household Size Income Limit
1 $1,963
2 $2,567
3 $3,172
4 $3,776
5 $4,380
6 $4,984
7 $5,0978 $5,210
9 $5,324
10 $5,437
11 $5,800
Each Additional Person: add $450
Individual applicants must be U.S citizens or quali-fied aliens. Effective October 2008, tenants in subsi-dized housing (e.g. Section 8, group homes, etc), donot have to show that they pay separately for heat inorder to get HEAP. Many of these renters will get a
$1 HEAP benefit for the first time. Though thissounds inconsequential, it can mean a higher Stan-dard Utility Allowance (SUA) in a familys foodstamps budget and can result in a significantly higherfood stamps allotment. Make sure to advise the foodstamps worker of the HEAP benefit for a food stampsrecalculation.
*Vulnerable individuals are defined as children under the age of8, adults aged 60 or older, or disabled individuals.
What are Regular Benefits?
New York State provides regular HEAP bene-fits to households that pay directly for heat asthe customer of record**, or who have heatcosts included in their rent. The householdbenefits are calculated using a point system.The points are based on income, percent of in-come spent on energy, and the presence of avulnerable individual in the household. Thepoint value for the 2008-2009 program has beenraised to $65 per point. Eligible householdsthat pay directly for heat receive a benefit rang-
ing from $130 to $585 . Eligible householdsthat do not pay directly for heat but whose land-lord states that heat is included in the rent, re-ceive a standard statewide benefit of eitheror $50 or $60. Regular benefits are availablestarting November 3, 2008.
What are Emergency Benefits?
HEAP provides emergency benefits to an appli-cant who is the customer of record. The appli-cant must also reside in the dwelling and have
insufficient available resources to meet theemergency. Eligible households receive emer-gency benefits up to $400 based on the type ofemergency. Emergency benefits are available asof November 3, 2008
How Does Someone Apply for Benefits?
Applicants can apply by mail if they are 60 orolder or received HEAP last year and reside inthe same county. Also new this year, applicantsfor whom an in-person emergency applicationposes an undue hardship will be able to mail in
their application. Applications may bedownloaded from the HEAP website:www.otda.state.ny.us/main/heap/application.asp.
All other households must apply in person. Re-cipients of Regular HEAP, public assistanceand food stamps may file emergency applica-tions by telephone.
This year an emergency is defined as having
** Eff 10/08 tenant of record requirement is eliminated.
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equal or less than 1/4 tank of fuel. This will make iteasier to deal effectively with an impending emer-gency.
For more information on where to apply, call 1(800)342-3009. Make sure you bring the following docu-ments with you when you apply:
A copy of your current rent, lease or mortgagereceipt
A current fuel and/or utility bill or statementfrom your landlord that utilities included in rent
Proof of your total current monthly income forall of your household members.
How Are Payments Made?
There is the Automatic Payment Component to the2008-2009 HEAP Program for households in receiptof TANF or Foods Stamps. These households are onthe statewide computer system and are issued pay-ments directly through the computer system. No ap-plication is required. Payments to households thatpay for heat separate from their rent are sent directlyto the households vendor. Payments to householdsthat have their heat included in their rent are paiddirectly to the household.
Can I Get Funds to Repair my Boiler or Fur-nace?
You may be also to get assistance if you need to re-pair or replace essential heating equipment up to theamount of $3000 (up from last years $2500)
Advocacy Hints:
#1 Being a HEAP recipient can give the family aFood Stamps budgeting advantage.
#2 HEAP (like EAA) IS NOT A REPAYABLEGRANT, therefore, during the HEAP season,make sure the application is made for HEAP (notEAF or 131-s. )
#3 HEAP DENIALS and DELAYS ARE AP-PEALABLE! Please contact the Legal Support Cen-ter for Advocates at 631 232-2400 Ext 3369, 3324 forassistance regarding any problems your clients may
encounter when they apply for HEAP.
Utility Shutoff Notice?
Try These Basis Advocacy Steps:*
1. Call LIPA to negotiate an affordable deferred pay-ment agreement (DPA): 1800 490-0025. LIPAmust accept terms that are fair and equitableconsidering financial circumstances. Request thatyour client be given a Financial Needs State-ment to complete. This can result in a DPA for aslittle as a $0 downpayment and $10/mo. arrearspayment. LIPA Tariff p. 146 V.G.4. Even if the clientreneged on a prior DPA, it may have been an un-reasonable plan, so insist on a new DPA.
2. If unsuccessful, call 1 877 ASK LIPA and followthe above step. If denied a reasonable DPA at this
step, consider a LIPA appeal (call Law Servicesfor help) AND proceed to Step #3.
3. Take proof of denied or unaffordable LIPA DPAto Department of Social Services along with theshutoff notice and apply for, in order of prefer-ence:
HEAP (if during HEAP season) no repaymentrequired
EAA (Emergency Assistance to Adults) for SSI-eligibles only. No repayment required
General emergency funds (EAF, ESNA, 131-s,
etc) Repayment agreement must be signed. Ifthere is a prior DSS repayment agreement out-standing that is in arrears, client is not eligible foranother utility arrears grant thru these funds.
3. If DSS denies assistance, request an
EXPEDITED FAIR HEARING and call Law
Services. If Project Warmth is available, apply
with proof of DSS denial. For more info on
Project Warmth, call United Way at 631 940-3749
* For LIPA utility customers only.
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SPECIAL SERVICES FOR PEOPLEWITH DISABILITIES
The Joint Emergency
Evacuation Program (JEEP)maintains a database for dis-abled Suffolk residents whorequire assistance to evacuatetheir homes in the event of adisaster. The Department ofFire, Rescue and Emergency Services (FRES) willcoordinate assistance to those who need special assis-tance with planning, transportation or sheltering in theevent of an emergency. An application and pre-approval is required in order to be included on the da-tabase. In order to apply, call FRES at 852-4900 or the
Office of Handicapped Services at 853-8333 (voice)853-5658 TTY for a JEEP application.
Beginning Oct. 6, 2008 Suffolk County Ac-cessible Transit (SCAT) drivers can provide addi-tional assistance to riders between curbside and build-ing entrances (this will not include wheelchair assis-tance on steps or curbside). Requests for this addi-tional assistance must be made whenever a trip reser-vation is requested. Also reserva-tions times have been expanded.
The new hours are 7 a.m. to 5 p.m.Monday through Saturday. OnSundays reservations are takenfrom 8 to 4:30 for next day only.Call 631 738-1150 voice or 631 981-0104 TTY.
FORECLOSURE CRISIS HITSHOME
Mortgage-backed securities! Sub-prime loans,predatory loans and rescue scams are the linchpinterms connecting those now ubiquitous partners on
Wall Street (the lenders) and Main Street (the borrow-ers). On Long Island, as throughout New York Stateand the country, there has been an explosion in fore-closure actions, with many more homeowners cur-rently behind in their mortgage payments and/or facingan imminent increase in their monthly payments thatwill threaten their ability to make the payments. Morethan 15,000 homeowners on Long Island have foundthemselves falling behind in making their mortgagepayments, with an additional 10,000+ families facing
potential increases in their monthly payments whentheir loans are scheduled to reset in the upcomingmonths.
Perhaps naturally, governments have been at-tempting to deal with what is uniformly considered a
crisis. On September 1, 2008, New Yorks Foreclo-sure Prevention and Responsible Lending Act wentinto effect. The law amends several existing laws inthe Civil Practice Laws and Rules, the Real PropertyActions and Proceedings Law, the Real Property Law,the Banking Law and the Penal Law. The recentlypassed bailout bill, more formally known as theEmergency Economic Stabilization Act of 2008H.R. 1424, also has some provisions related to foreclo-sure assistance and renter protections. Some of the keyelements of the New York law include the requirementfor a mandatory settlement conference in all foreclo-
sure actions involving a high-cost, subprime, or non-traditional home loan created between January 1, 2003and September 1, 2008, within sixty (60) days after theforeclosure action is commenced. See CPLR Rule3408. The law also requires that all foreclosure actionsinvolving high-cost, subprime, or non-traditional loans,commenced after September 1, 2008, first require thelender to serve a ninety (90) day notice specifying: thedefault and the date payment must be made to avoidforeclosure, the name and number of the lender ormortgage servicer who can assist, and other optionsavailable to the borrower, including contacting govern-
ment approved financial counselors identified in thenotice. See RPAPL 1304. Thus, there will actually bea lull in the number of foreclosure actions brought overthe next few months, as the 90-day notice period runs.The law also sets up a provision for pending foreclo-sure proceedings commenced prior to September 1,2008 that will allow homeowners with high cost, orsubprime loans to have a mandatory settlement confer-ence. Recently, New Yorks Office of Court Admini-stration has begun sending out fifteen thousand lettersto homeowners in pending foreclosure proceedingsstatewide, notifying them of this option. We will pro-
vide further analysis of this legislation in future arti-cles.
Nassau/Suffolk Law Services currently hasone staff attorney, and part of a supervising attorney,to represent homeowners in defense against foreclo-sures throughout Long Island. However, we have re-cently been notified that grants are forthcoming fromseveral sources enabling us to hire more attorneys tohelp deal with the anticipated caseload of foreclosurereferrals.
Michael Wigutow, Sr. Staff Attorney Civil Unit , Hempstead
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Recipients of public assistance benefits and/orservices are often overwhelmed by the numerous ap-pointments and requirements that are imposed as acondition of eligibility. Sometimes confusion occursbecause of a mental impairment or simply because therecipient misunderstands the procedure, not because oftheir willful noncompliance. The Department of So-cial Services own regulations provide that good causeexists for failure to comply with an eligibility require-ment when the applicant or recipient has a physical ormental condition which prevents compliance. The fairhearing process affords a way to defend against sanc-
tions, terminations or denial of assistance when thereare good cause reasons for noncompliance. Recentlyat fair hearings, Law Services Welfare Unit success-fully defended against claims of noncompliance by theDepartment of Social Services by demonstrating thatthe recipients had good cause.
In a recent case our client, a young workingmother was denied child care services by the Depart-ment of Social Services (DSS). As part of her applica-tion, she had submitted a child support order to theDSS worker as requested, but failed to pursue a re-quired modification of the order to include child care
costs. During the fair hearing process, the client testi-fied that she was confused by this additional require-ment and thought she had complied by submitting thechild support order. The Administrative Law Judge(ALJ) was persuaded that her noncompliance wascaused by a misunderstanding and she was given ver-bal instructions on how to modify the order to includechild care costs. However, DSS then refused to proc-ess the application back to the original date until theALJ ordered retroactive payment for child care ser-vices based on the clients credible claim of confusion.
In another case, a client with a psychiatricdisability was advised by letter to appear at DSS for aValidation Review. After the client failed to appear orcontact DSS to reschedule, she received a terminationnotice. At the fair hearing our client presented furtherevidence of her disability (DSS had already deter-mined her work-exemptfor medical reasons) andtestified to her confusion and anxiety in response tothe multiple DSS notices. The ALJ found that the cli-ent established good cause for failing to appear andbenefits were directed to continue pending a new ap-
FAIR HEARING DECISIONS: RECIPIENTSCONFUSION AND/OR MENTAL DISABILITYESTABLISHES GOOD CAUSE
Thanks to a new law, the Exempt Income Pro-tection Act, which goes into effect on January 1, 2009,elderly, disabled, veteran and low income New Yorkerswill gain some protections against debt collectors whoattempt to seize exempt assets. For many years, debtcollectors have used restraining notices to freeze bankaccounts including income which is exempt from collec-tion such as Social Security, SSI, public assistance, vet-erans benefits, disability, and pensions.
Currently, a debtor can attempt to call the attor-ney for the creditor to dispute a freeze, but this strat-egy has not always been successful. Some creditors arereluctant to release the funds, especially if the monieshave been comingled with non-exempt assets. Even ifthe funds are clearly exempt, the debtor has the burdenof documenting the nature of the exempt monies andstill has to deal with the inaccessibility of their very lim-ited funds during this delay. Most debtors are dealingwith these disputes without an attorney, being unable toafford legal services (Law Services Consumer Debt
Unit was funded only recently and currently has oneattorney to assist with this type of consumer debt issue).Bank charges and fees also resulted from the restrainingnotice and bounced checks.
The new law ensures that the first $2500 in theaccount which contains directly deposited exempt in-come cannot be restrained. This does not address all theproblems with frozen accounts, but should greatly re-duce the number of hardship scenarios that we have en-countered over recent years. We will keep you apprisedof further developments.
New Law to Offer Some Protections forMost Vulnerable Debtors
pointment.
In a similar case, an attorney in our WelfareUnit successfully defended DSS attempt to sanction adisabled client who had mental limitations. Althoughthe client had failed to comply with some work rules,he attended most appointments and worksite assign-ments. After he missed an appointment and failed toreport to the worksite on several occasions, the clientwas threatened with a sanction. At the fair hearing,seeing the clients apparent limitations and reviewingthe therapists letter attesting to the clients mentalcapacity and confusion, the ALJ directed the client toundergo a psychiatric assessment and ordered DSS tocontinue his grant and restore any assistance that hadbeen withheld.
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Volunteer Attorneys Recognized for Their WorkBy Rhoda Selvin
Nassau Recipient
One would think that a person simultaneously pursuing two different, equally demanding careers would
have little time for volunteer work. But that is far from the case for Adrienne Flipse Hausch, Pro Bono Attorney ofthe Month for October 2008. In addition to her active role as an attorney, the Community Church of Douglastonclaims her as Pastor for Congregational Care. It must be true, then, that to get something done, give it to a busy per-son, for Ms. Hausch has spent more than 612 hours on twenty-four cases (with one still open) since the last time shewas Pro Bono Attorney of the Month, in December 1999. The Volunteer Lawyers Project had previously given herthis honor in 1989.
Ms. Hausch explains that each side of her professional life has a tremendous influence on the other. Godcalled me to him to serve, she said. The legal profession allows her to serve another way: by helping individualswho need protection from powerful adversaries. To her, law is not a profession, its a calling. Some of her parish-ioners are also clients, and sometimes people who started as clients join her church. The two professions evidentlyoverlap in another way: Lawyers in court occasionally tease that her summations sound like sermons, and parishion-
ers have joked that a sermon sounded like a summation.
Before receiving her Masters of Divinity from New Brunswick Theological Seminary and being ordainedas a Minister of the Word, Reformed Church of America in 1995, she had received a B.A. from Hofstra University in1972, taken marketing courses in the C.W. Post Center, Long Island University, M.B.A. program, and graduatedfrom St. Johns University School of Law in 1976. After holding several positions as an attorney connected to statelegislators, she became a partner in the law firm that is now called Carway and Flipse and is located in Mineola. TheNassau County legal and indigent communities are most fortunate to have this energetic and effective woman sodeeply involved in the work of the Volunteer Lawyers Project. It honors VLP to honor Adrienne Flipse Hausch asPro Bono Attorney of the Month once again.
Suffolk Recipient
Since being Pro Bono Attorney of the Month nine years ago, Mitchell J. Birzon has always had at leastone Pro Bono Project case in the works. A total of eight cases, including one still open, to which he has devoted140 hours, has brought him the honor of being Pro Bono Attorney of the Month for October 2008. Although helong since stopped handling matrimonial cases in his private practice, all but one of these cases has been a matrimo-nial. He finds especially satisfying working to help children raised in a dysfunctional family who now must con-tend with the family break-up.
In one such case, which required more than sixty hours over four years, the thirteen- and fourteen-year oldchildren were in therapy when Mr. Birzon accepted the case. To complicate the situation, the husband, who was theplaintiff, moved out of state. The wife was awarded child support with the divorce, but that was not the end of Mr.
Birzons involvement. He agreed to represent his client, this time as the plaintiff, in a Family Court action, petition-ing for the support payments. As a result, the ex-husbands wages were garnished.
Mr. Birzon received his undergraduate degree from Georgetown University and, in 1978, his law degreefrom the New England School of Law. For several years he worked in Washington D.C. as a Senior LegislativeCounsel representing Governor Mario M. Cuomo and various New York State executive agencies before Congress,federal executive agencies, and the White House. In 1986 he became the senior partner in the Smithtown law firmnow called Birzon, Stang & Bazarsky. The firm concentrates on personal injury, medical malpractice, and corpo-rate and health-care transactional law.
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Law Services continues its strong ties within the community in an effort to collaborate with various agencies and insure that low incomeLong Islanders receive the services they so desperately need. If you happen to see any of our Law Services staff at a community event,please stop by to introduce yourself and say hello. Wed love to meet you, and as always we thank you for your support!
LAW SERVICES IN OUR COMMUNITY
BANKRUPTCY PRO BONO APPRECIATION NIGHT
Written by Harold M. Somer
On September 9, 2008, the United States Bankruptcy Court for theEastern District of New York held a 2008 Pro Bono AppreciationNight. The event was held at the Conrad B. Duberstein UnitedStates Bankruptcy Courthouse in Brooklyn and presided over byChief Bankruptcy Judge Carla E. Craig and Bankruptcy JudgeElizabeth S. Stong.
The evening was marked by a ceremony recognizing the attorneysand organizations who provide pro bono services within the dis-trict. Representatives from five organizations were present andspoke about their programs. Our very own Miriam Pismeny rep-resented the Volunteer Lawyers Project for Nassau County and
the Pro Bono Project for Suffolk County. Also in attendance withMiriam, on behalf of the Volunteer Lawyers Project, was DavidBaram, Stuart Gelberg, Andrew Thaler and Harold Somer and onbehalf of the Pro Bono Project were Robin Abramowitz, AvrumRosen and Richard Stern. They, as well as the other volunteers,received from the Court a certificate acknowledging their dedica-tion and selflessness in giving back to the community. The ser-vices these attorneys provide include preparing, filing and repre-senting individuals in their Chapter 7 petitions and, at times, theirrepresentation in actions in the bankruptcy court which seek toaffect the dischargeability of debts such as student loans.
Cathy Lucidi, paralegal in the Legal Support Center for Advo-cates and Sheila Johnson, Government Affairs Coordinator,participated in Unity Day, a celebration of Long Islands diversepopulation, held on September 26, 2008 at the H. Lee DennisonBuilding in Hauppauge sponsored by the Suffolk County Office ofMinority Affairs.
Marcia Vogel, paralegal in the PADD (Protection and Advocacyfor Persons with Developmental Disabilities) Project recentlyspoke at a series of public forums held by The New York StateOffice of Mental Retardation and Developmental Disabilities(OMRDD).
Ellen Krakow, staff attorney in the PADD Project became a mem-ber of Suffolk Community Councils Network of Women WithDisabilities (NWD). NWDs mission is to increase accessibility tohealth care for people with disabilities through advocacy and edu-cation. For more information regarding this great network, pleasecontact NWD directly at 631 434-9277.
The Center for Public Health and Health Policy Research is hold-ing a Suffolk County Minority Health Summit on October 20, 2008
at the Islandia Marriot. Our own Denise Snow of the PLAN
Project which representscancer patients, will be hon-ored at the event entitledDeveloping Solutions forTodays Complex Prob-lems. For more informationor to register for the Summit,call 631 444-1625.
Dan Okrent, staff attorney in our SeniorCitizens Law Project in Nassau County,was once again invited to do a series ofsenior citizen radio talk shows entitledYoung at Heart. The shows werehosted by Bea Nechin of the NassauCommunity College station, WHPC,90.3. Dan discussed the many issues
facing seniors today, such as landlord/tenant, Medicaid, credit andcollection.
The 2008 Partnership ConferenceJustice in a Challenging Time,was recently held in Albany. A number of Law Services staff
joined their legal services colleagues throughout the state to ex-change valuable legal insights pertaining to their work with theindigent and disabled. Law Services staff also figured prominentlyas workshop presenters including: Douglas Ruff, Candace Ap-pleton, Michael Wigutow, and Carolyn McQuade.
Maria Dosso, Director of Communications,attended the 2008Long Island Somos el Futuro conference on Labor Day weekendwhich addressed the needs and challenges of the growing Hispaniccommunity on Long Island. The conference convened distin-guished civic, commu-nity, business and laborleaders to discuss socialand legal issues pertinentto the Hispanic commu-nity.
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Message from the Executive Director
We are pleased to announce that as part of our ongoing efforts to assist Long Islanders in crisis, we just re-ceived additional funding to provide legal assistance in foreclosure cases. We currently have one ForeclosurePrevention attorney on staff (see p. 6) and are interviewing for additional attorneys in hopes of having ser-vices in place by the end of this year. While we may not be able to fully meet the demand for legal services,we are still confident we can make a difference that will help many homeowners save their homes. We havebegun working with the financial counseling agencies throughout Long Island, including setting up recurringmeetings to discuss the questions and concerns our mutual clients are facing. The Nassau County Bar Asso-ciation has initiated a pro bono panel of private attorneys to provide representation, and we will continue towork with them to determine the best ways to utilize their services in conjunction with our program. We willcontinue to keep the community updated via the newsletter and community meetings, as we move forward inthe months to come.
Nassau Suffolk Law Services would also like to thank and acknowledge the generosity of the following civicleaders, organizations, and government agencies for their recent grants to Nassau Suffolk Law Services. Thefunding will support the provision of free civil legal services, including the aforementioned foreclosure pre-vention, to low income and disabled Long Islanders:
Senator Kemp Hannon
Suffolk Legislator Jack Eddington
Long Island Community Foundation
NYS Office of Court Administration
NYS Banking Department
NYS Dept. of Housing and Community Renewal
