ADVOCACY TIPS FOR MARCH

ONE

Many student loan borrowers have an opportunity to have their entire student loans canceled or receive more credit towards cancellation, but they must act before April 30, 2024. The one-time adjustment is designed to count more of the payments you made, so they can be added to the payments required for cancellation. The Income Driven Repayment (IDR) Account Adjustment (aka the One-Time Payment Count Adjustment) is a temporary initiative that will significantly benefit borrowers seeking Income Driven Repayment Forgiveness (IDRF) and Public Service Loan Forgiveness (PSLF). These adjustments aim to bring thousands of borrowers closer to loan forgiveness by providing more opportunities to earn qualifying payment credits. To learn more, review the EDCAP website. If you think you may qualify, call our offices right away at (516) 292-8100 or email at edcap@nsls.legal so we can evaluate and assist you with this expiring opportunity. Feel free to download and share the flyer.

NSLS's Education Debt Consumer Assistance Program (EDCAP) provides legal assistance to people who are experiencing student debt problems, including unpaid tuition bills, collection actions, and managing federal and private student loans. Assistance is available to student borrowers, parents, and other family members regardless of income. Services may include student loan counseling, litigation defense and representation, and phone advice. Suffolk and Nassau residents please call: 516-292-8100.

TWO

Social Security Administration (SSA) Addressing Improper Overpayments with 4 new updates.

(1) Starting March 25th, SSA will be ceasing the practice of intercepting 100 percent of an overpaid beneficiary’s monthly Social Security benefit by default if they fail to respond to SSA's demand for repayment. Moving forward, SSA will use a default withholding rate of 10 percent of monthly benefits — similar to the current rate in the Supplemental Security Income (SSI) program.

(2) SSA will be reframing its guidance and procedures so that the burden of proof shifts away from the claimant in determining whether there is any evidence that the claimant was at fault in causing the overpayment.

(3) For the vast majority of beneficiaries who request to work out a repayment plan, SSA recently changed its policy so that SSA will approve repayment plans of up to 60 months. To qualify, Social Security beneficiaries would only need to provide a verbal summary of their income, resources, and expenses, and recipients of the means-tested SSI program would not need to provide even this summary. This change extended this easier repayment option by an additional two years (from 36 to 60 months).

(4) And finally, SSA will be making it much easier for overpaid beneficiaries to request a waiver of repayment, in the event they believe themselves to have been without any fault and/or without the ability to repay.

For more information, please review the Social Security Administration website.

Nassau Suffolk Law Services Disability Advocacy Project (DAP) assists disabled persons in appealing the initial denial of Supplemental Security Income (SSI) and Social Security Disability (SSD) applications. Eligibility for services is usually based on the receipt of Temporary Assistance (cash public assistance) from the Department of Social Services. Nassau residents can call (516) 292-8100 and Suffolk residents can call (631) 232-2400 to be screened for eligibility.

THREE

Stolen Benefits Replacement Extension Until April 1, 2024! Last year, there was a nationwide rise in the prevalence of scam-related benefit theft which targeted SNAP (food stamps) and TA (temporary assistance cash benefits) households. The funds were typically stolen through electronic means such as EBT card skimming, cloning, third-party misrepresentation, or other fraudulent methods like phishing. Recently, federal law has allowed those stolen benefits to be replaced. Applications for SNAP benefits stolen between October 1, 2022, and August 20, 2023, and Cash Assistance benefits stolen between January 1, 2022, and August 20, 2023 (retroactive claims) can now be submitted through April 1, 2024. The original retroactive claim application deadline was extended from October 31, 2023, to December 31, 2023, and has now been extended to April 1, 2024. All other applications must be submitted within 30 days from the date the household discovered the theft. 

Note: Households whose SNAP benefits were stolen between October 1, 2022, and August 20, 2023, or TA cash benefits stolen between January 1, 2022, and August 20, 2023, who do not apply before April 1, 2024, still have the option to apply for replacement as long as the application is submitted within 30 days from the date the household discovered the theft.

For more information on how to apply, please visit the Office of Temporary and Disability Assistance (OTDA) website. It is important to read the OTDA Administrative Directive Memorandum carefully to ensure the timely submission of requests for the replacement of stolen funds.

Nassau Suffolk Law Services' Public Benefits Unit provides legal assistance to persons who experience problems with public benefits programs that are administered by the local Departments of Social Services, including:

• Welfare (TANF and Safety Net)
• Medicaid
• Food Stamps (SNAP)
• Child Care Assistance
• HEAP
• Emergency shelter for the homeless
• Unemployment insurance appeals and overpayments
• Other emergency assistance programs

We also assist low-income households in establishing Supplemental Needs Trusts to eliminate the Medicaid spend-down and assist homeless families to obtain rent supplements from DSS to enable families to leave the shelters or retain permanent housing. Suffolk County residents seeking legal representation can contact (631) 232-2400 (Islandia) or (631) 369-1112. Nassau County residents seeking legal representation can contact (516) 292-8100.

FOUR

Heating/Cooling Benefits

There's still time to apply for a second emergency HEAP benefit which opened on March 14th, 2014. You may be eligible for an Emergency HEAP benefit if:



• Your electricity is necessary for your heating system or thermostat to work and is either shut-off or scheduled to be shut off or
• Your electric or natural gas heat is off or scheduled to be shut-off or
• You are out of fuel, or you have less than one quarter tank of fuel oil, kerosene or propane or have less than a ten (10) day supply of wood, wood pellets, corn, or other deliverable heat source.

The 2023-2024 Cooling Assistance is scheduled to open on April 15, 2024. If you are eligible, you may receive one Cooling Assistance benefit per applicant household for the purchase and installation of an air conditioner or a fan to help your home stay cool.

To learn more about the programs and how to apply, please visit the OTDA website.

Nassau Suffolk Law Services' Public Benefits Unit provides legal assistance to persons who experience problems with public benefits programs that are administered by the local Departments of Social Services, including:

• Welfare (TANF and Safety Net)
• Medicaid
• Food Stamps (SNAP)
• Child Care Assistance
• HEAP
• Emergency shelter for the homeless
• Unemployment insurance appeals and overpayments
• Other emergency assistance programs

We also assist low-income households in establishing Supplemental Needs Trusts to eliminate the Medicaid spend-down and assist homeless families to obtain rent supplements from DSS to enable families to leave the shelters or retain permanent housing. Suffolk County residents seeking legal representation can contact (631) 232-2400 (Islandia) or (631) 369-1112. Nassau County residents seeking legal representation can contact (516) 292-8100.

FIVE

Housing Insecurity Prevention Assistance Programs Open

New Suffolk Department of Social Services Rental Supplement Program is open for individuals or families experiencing homelessness - Please see flyers with eligibility guidelines for individuals or families with 5 or more.

Town of Babylon's Tenant-Based Rental Assistance Program opened on December 18th, 2023. This program is for extremely low-income households who are in rental arrears to help residents regain housing stability and prevent homelessness. For more information and to apply, please visit Long Island Housing Partnership's website.

Town of Babylon's Mortgage Arrears Program opened on February 27th, 2024. The Town of Brookhaven (Town) is making CDBG-CV funds available for low to moderate-income Town of Babylon residents with mortgage arrears incurred due to a COVID-19-related loss of income. Funds will cover a maximum of 6 consecutive months of arrears, subject to a cap of $50,000, and are paid directly to the lender. For more information and to apply, please visit the Long Island Housing Partnership's website.

Town of Brookhaven's CDBG-CV Covid-19 Rental Arrears Program is now closed.

Tip: Rent abatement (or reduction) is when, in extenuating circumstances, tenants may make necessary repairs and deduct reasonable repair costs from the rent. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Tenants should keep receipts for such repairs and copies of all communications with the landlord about the repairs. Note: The landlord may commence a non-payment eviction case against you if you do not pay the rent but you will be able to raise the lack of repairs as a defense and ask the court for an abatement.

Nassau Suffolk Law Services, in partnership with Empire Justice Center, can now assist Nassau and Suffolk residential tenants with housing-related legal problems (like eviction) and a household income of up to 80% of the Area Median Income. Services are available through this partnership regardless of immigration status. Please call the office closest to you to see if you are eligible for legal services. Interpreters are available. Suffolk residents west of 112 can call 631-232-2400 and east of 112 can call 631-369-1112. Nassau residents can call 516-292-8100. Feel free to share our flyer in both English, Spanish, and Haitian-Creole

NSLS PRESENTATIONS

Did you miss any of our Learn About Law Services Presentations? Feel free to watch them on our YouTube Channel!

PREVIOUS Legal Support Center for Advocates TRAININGS

*New* On March 7th, 2024, the Legal Support Center for Advocates presented "Insights Into Attaining Student Debt Relief." Nancy Nierman of the Community Service Society’s Education Debt Consumer Assistance Program (EDCAP) provides expert guidance and essential insights on attaining student debt relief and navigating repayment. During the training, we review repayment options, with a focus on the new SAVE plan, and provide practical solutions and advice for struggling borrowers. We provided an overview of federal forgiveness and discharge options and the One-Time Payment Count Adjustment that grants additional credit toward some of those programs. Please register to view this training.

*New* On March 5th, 2024, the Legal Support Center for Advocates presented "The Role of An Advocate." The Legal Support Center for Advocates and Director of Community Relations, Cathy Lucidi, describes basic tips on how to help clients using a holistic approach. Additionally, we discuss our new CARES Membership and the trainings we plan on offering in person and virtually in 2024. Please register to view this training.

On November 13th, 2023, the Legal Support Center for Advocates presented "The Strategic Guide to Tackling Student Debt." NSLS hosted Nancy Nierman of the Community Service Society's Education Debt Consumer Assistance Program (EDCAP) to provide expert information on formulating a plan to eliminate your student loans. The training focused on repayment options, such as the new SAVE plan and time-limited relief, which may give you credit toward forgiveness programs. In addition, we offered tips on how to navigate the return to repayment. Don’t miss this chance to learn how to take advantage of key opportunities available to you within the federal student loan system. Please register to view this training.

On September 8th, 2023, the Legal Support Center presented "Hero's Guide to Strategic Student Loan Repayment." NSLS hosted Nancy Nierman of the Community Service Society's Education Debt Consumer Assistance Program (EDCAP) which provided borrowers with the knowledge and tools needed to conquer their student loans with confidence. We delved into various student loan repayment options, exploring federal forgiveness programs and other relief initiatives available to federal student loan borrowers. Whether you’re just starting to repay your loans or seeking ways to optimize your current repayment plan, this webinar is your ultimate guide. Please register to view this training. 

On July 13th, 2023, the Legal Support Center for Advocates presented "A Fresh Start: Getting out of Default on your Student Loans." Michelle Kimpson, Consumer Debt Unit Law Graduate, discussed how eligible borrowers who failed to make payments on their federal student loans and now are in default can find multiple options to get out of default. Please register to view this training.

On June 8th, 2023, the Legal Support Center for Advocates presented “Getting Ready to Unpause: Student Loan Updates and Repayment Options.” Consumer Debt Law Project Law Graduate, Michelle Kimpson, discussed the different student loan updates and repayment options that persons with higher education debt can access prior to or once the student loan payments resume this year. Please register to view training.

On May 25th, 2023, the Legal Support Center for Advocates presented "An Overview of Mental Health Housing on Long Island." Supervising Attorney, Paola Arango, discussed the different types of mental health housing including an overview of the tenant application process and the rights of tenants in the event of an eviction. Please register to view the training.

The Legal Support Center for Advocates Training: "Let's Keep Kids Safe from Bullying: An Overview of the Dignity for All Students Act" was held virtually on April 27th, 2023. Nassau Suffolk Law Services Supervising Attorney, Lynn Iacona, provided an overview of New York's Dignity for All Students Act (DASA) which seeks to provide the State's public elementary and secondary school students with a safe and supportive environment free from discrimination, intimidation, taunting, harassment, and bullying on school property, a school bus and/or at a school function. Please register to view the training. The slides can be viewed on our website as well.

The Social Security Overview: the Application and Appeal Process LSCA training was held virtually on March 30th, 2023. Nassau Suffolk Law Services Supervising Attorney Sarah Kupferberg reviewed the process for applying for social security disability (SSD and SSI) benefits including the standard and appealing an unfavorable decision. Please register to view the training.

Links to all of our prior trainings can be found on our website.

UPCOMING CLINICS, EVENTS, AND

LEGAL HELP RESOURCES

We are proud to provide our Winter 2024 Newsletter which features not only our popular "advocacy tips" but also Stories of Justice highlighting the successes of our talented staff. Learn about our engagement in the community and read client testimonials thanking us for our work. Additionally, check out our special Pro Bono Attorney page, our "Profiles in Commitment," pictures from the 2023 Gala, and NSLS staff and Advisory Council News. Lastly, find out the details for our 2024 Gala. Thank you to everyone who contributed to the newsletter and thanks for reading!

Education Debt Clinic



This month our EDCAP (Education Debt Consumer Assistance Program) Staff Attorney will be joining CLHP to provide consultations to Long Islanders with education debt questions. Please see the dates and locations on our flyer.

Sample Cease Dunning Letters

If you or a client is being contacted over the phone by a debt collector, request that they send you whatever they have in writing. It is important to never give personal information, like your social security number, over the phone. Once you receive the letter, you can do more investigation on whether or not you owe the debt alleged. One way of doing this is to request verification of the debt. The debt collector must verify the debt in writing. Whether you agree that you owe the debt or not, you can write what is called a “cease-dunning” letter to the debt collector. This essentially states that you wish for the debt collector to stop contacting you by phone or in writing. For sample verification and cease-dunning letters, please visit our website.

Nassau County

Volunteer Lawyers Project

The Volunteer Lawyers Project is an innovative pro bono program to expand the availability of legal services to Nassau County residents in need. The Project provides an opportunity for attorneys to represent clients and volunteer their time and expertise by providing free legal services. The Volunteer Lawyers Project needs pro bono assistance in the areas of Chapter 7 Bankruptcy, Divorce, Article 17A Guardianships, Health Care Proxies, Name Changes, Power of Attorney, and Wills. 

Contact: Reisa Brafman, Esq., 516-292-8100 ext. 3380, rbrafman@nsls.legal

Bankruptcy Clinics through the Volunteer Lawyers Project

Currently, clinic appointments are one-on-one with attorneys consulting with clients in person, by phone, or virtually. Volunteer attorneys guide those considering bankruptcy, screening for referral to pro bono attorneys for filing of Chapter 7 petitions. This is a limited engagement, though participating attorneys may also be referred cases.   

Contact: Reisa Brafman, Esq., 516-292-8100 ext. 3380, rbrafman@nsls.legal

Community Legal Help Project

The Community Legal Help Project recently expanded into Nassau County. We are looking for attorneys to provide pro bono half-hour consultations with Nassau County Residents. The areas of law most in need are immigration, family, matrimonial, elder, and bankruptcy.

Contact: Roberta Scoll, Esq., 516-292-8100 ext. 3115, rscoll@nsls.legal

Suffolk County 

Pro Bono Project

The Pro Bono Project is an innovative pro bono program to expand the availability of legal services to Suffolk County residents in need. The Project provides an opportunity for attorneys to represent clients and volunteer their time and expertise by providing free legal services. The Pro Bono Project needs pro bono assistance in the areas of Chapter 7 Bankruptcy, Divorce, Article 17A Guardianships, Health Care Proxies, Name Changes, Power of Attorneys, and Wills. 

Contact: Kiersten Bartolotta, Esq., 631-232-2400 ext. 3311, kbartolotta@nsls.legal

The Suffolk County Pro Bono Project is now on Paladin! Please take a look at our current volunteer attorney opportunities and connect with us!

Community Legal Help Project

The Community Legal Help Project (CLHP) is a partnership of legal providers created by the NYS Permanent Commission on Access to Justice and the Suffolk County Access to Justice Committee. The CLHP’s network of non-profit partners and pro bono volunteers currently provides legal information and referrals, and limited-scope representation through a phone line and brief in-person consultations at public libraries. Attorneys with a background in immigration, family, elder and/or matrimonial law are needed to assist the community. Volunteer attorneys can dedicate their time monthly, bi-monthly, quarterly, or at their leisure.

Contact: Rashika Hettiarachch, Esq., 631-232-2400 ext. 3391, rhettiarachchi@nsls.legal

2024 Spring Commitment to Justice Reception

This year we reach out to all of our supporters in hopes that you will continue to support Law Services, the largest provider of free civil legal assistance to Long Islanders in need. The past few years have shown us when we help, respect, and support each other, together we can accomplish anything, and our Long Island communities will once again thrive.  For many Long Islanders, having a stable income, permanent housing, access to healthcare, and, most importantly, access to equal justice under law, gives them the support they need to begin to rebuild their lives. Your continued support can really make a difference to your neighbors in need by assisting Nassau Suffolk Law Services in “Doing What’s Legally Possible to Create a Just World.”  We are Long Islanders helping Long Islanders.