From the Chief Executive Officer
As I sit here in March of 2009 looking back on 2008, I can=t help thinking of the
Agood old days@ before the economy bottomed out and we had to lay-off staff. In 2008,
we celebrated our 30th anniversary with the Erie County Bar Association=s Volunteer
Lawyers Project. In 2008, the IOLA interest rates were high enough to provide 31
million dollars in legal services grants and New York State funding for civil legal services
totalled $15.85 million. We are unlikely to see those numbers again for years, if not a
decade.
Today, I am projecting a 2010 IOLA cut of 70% or more and only 1 million in state
funding for all civil legal services programs throughout New York State. We have already
laid off two out of a staff of 18 and we have been unable to replace one attorney who left
in September of 2008. We have eliminated our library, cut all expenses and slashed our
budget for travel and training. This is, without a doubt, the most challenging time in our
now 30-year history. Many nonprofits will fail in these difficult financial times. We will
not be one of them.
Although I have had plenty of sleepless nights, I know that we will survive and
become stronger because of these challenges. Of course, we will miss our friends and
colleagues who are no longer with us. Every single lay-off diminishes the quality and
capacity of our organization. But we have always been a tight knit group; imbued with a
strong sense of mission. We may be small, but we are tenacious and this organization
will be here for the long term because the people who make up Legal Services for the
Elderly (employees, board members and supporters) care too much to accept anything
else.
Karen L. Nicolson, Esq. CEO
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The Mission of LSED
It is the mission of Legal Services for the Elderly, Disabled or Disadvantaged of
Western New York, Inc. (LSED) to improve the quality of life for low income, elderly and
disabled persons in Western New York through the provision of free civil legal services.
Our primary goal is to use the legal system to assure that our clients may live
independently and with dignity.
Overview of Services
LSED is a not-for-profit human service agency incorporated in 1978 to provide
specialized, free civil legal services to elderly people in the community of Western New
York. Currently we contract with the Departments of Senior Services in the following
counties: Erie, Cattaraugus, Chautauqua, Allegany, and the Seneca Nation of Indians. In
Genesee and Niagara Counties we contract with the Department of Social Services to
handle Medicare appeals for disabled Medicaid recipients of any age directly referred
through the Departments of Social Services in those counties. In 2007, to respond to the
current mortgage foreclosure crisis, we expanded our mortgage foreclosure prevention
project which previously had focused on the City of Buffalo and Erie County. In
partnership with our colleagues at the Legal Aid Bureau, we now handle referrals from the
additional counties of Niagara, Genesee, Chautauqua, Cattaraugus, Orleans, and
Wyoming. Finally, in 2004, we formed a pooled supplemental needs trust with People
Inc. and Key Bank to provide trustee services to disabled persons receiving public
benefits.
Through our health care program, we seek to ensure access to adequate health care
by handling appeals and questions regarding Medicaid, Medicare, prescription drug
coverage, private health insurance, home health care, long term care insurance and
patients= rights. Health care issues continue to be a major area of concern for seniors;
over the last few years in particular due to the significant changes to the federal Medicare
program.
The goal of our housing program is to help our clients avoid homelessness by
defending them in evictions, tax and mortgage foreclosure proceedings and predatory
lending schemes. We also represent elderly homeowners in the City of Buffalo faced with
housing code violations and assist those clients in obtaining grant money to make the
necessary repairs. Many seniors are long-term city residents and, by helping them remain
in the community, we also ensure the stability and character of local neighborhoods. Our
Mortgage Foreclosure Prevention Project is a joint program with the Legal Aid Bureau of
Buffalo, and several HUD-certified counseling agencies.
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Pursuant to the Older Americans Act, we can provide defense counsel to
individuals who are the subject of proceedings pursuant to Article 81 of the Mental
Hygiene Law. We also draft advance directives for our clients, both powers of attorney
and health care proxies. It is our hope that by promoting the use of advance directives, we
can reduce the burden on our courts and community caused by the commencement of
guardianship proceedings. In 2007, through a grant with the US Department of Justice=s
Office of Violence against Women, we joined forces with the Unified Court System,
Crisis Services, County Protective Services, Buffalo City Police and the Erie County
Sheriffs to train local law enforcement on elder abuse.
We handle issues of income maintenance and some consumer matters with the goal
of increasing the self-sufficiency of our clients. We remove illegal liens on Social
Security accounts, handle utility shut-offs and represent clients in appealing adverse
decisions in the areas of Social Security retirement, non-disability SSI and Veterans=
benefits. We also handle bankruptcy matters for qualified clients who are in danger of
losing their homes.
In 2001 we began a Grandparents= Rights Program (renamed the Relative Rights=
Project) through a partnership with the Erie County Department of Senior Services. The
goal of this program is to provide support to seniors caring for minor children. A
secondary goal is to preserve intact families and keep children out of the foster care
system. The project is funded by Erie County with a federal grant through Title III-E of
the Older Americans Act. Older relative caregivers can get assistance with custody and
adoption of their minor family members and can also obtain help with issues involving the
child=s (and their own) public benefits.
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Clients Served
Buffalo is the second poorest large city in the country. According to the 2000
census, although Western New York is generally losing population, as the baby boomers
age, the percentage of seniors in our area will actually increase. Erie County estimates
that by 2015 there will be a 73.8% increase in the number of seniors age 85 and older as
compared to 1990 and that almost 1 in 4 residents will be sixty or older.
www.erie.gov./dept/seniorservices. As the number and percentage of seniors increase in
all counties of Western New York, there will be an increased need for our services to
advocate for clients, many of whom will have lost family support as younger people leave
the area. The problem was highlighted by a September 5, 2007 article in the Buffalo
News:
AAs the baby boom turns into the elder boom in the coming years,
economically struggling areas like the Buffalo Niagara region are likely
to face a squeeze providing needed services for their swelling core of
older residents, a new study said Tuesday. The report, from the Federal
Reserve Bank of New York=s Buffalo branch, said upstate New York=s
high concentration of older adults will spur increased demand for seniorrelated services and affordable housing at a time when governments and
nonprofit groups are strapped for cash... AThis is going to be an
increasingly important issue for us@ said Richard Deitz, the Federal
Reserve branch=s senior economist, who wrote the report with former
Fed economist Ramon Garcia. They are going to be seeking more
money in the context of tighter budgets and fiscal distress@ Deitz said.
>The demand for services and infrastructure tends to be greatest in those
parts of upstate New York that are already experiencing fiscal stress
because of rising expenditures and eroding tax bases.@
This year LSED closed 1,029 cases, providing assistance to 1,304 Western New
Yorkers. Based upon the information from our closed cases, it is possible to get a picture
of our client population. The typical client in 2008 was more likely to be female (70%)
and disabled (59%). Forty-five percent of our clients identified themselves as belonging to
a minority group. As our local population ages, our client base does as well: 57% of our
clients were age 75 or older in 2008. Although the Older Americans Act prohibits us from
having a strict income test for eligibility, we target economically and socially
disadvantaged individuals and 82% of our clients identify themselves as low-income.
As required by the Older Americans Act, every client receives a survey at the
close of his or her case. An impressive 90 % of our clients are either very satisfied or
satisfied by our services and staff. The following comments are typical:
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“You people are a godsend to sick, elderly, disabled people like me
who have neither the strength or knowledge or energy to fight misjustices
that go around everyday in America. You are REAL ATTORNEYS not
the type on TV who practice law for the money instead of for justice.”
“It’s almost worth getting old to become eligible to have the
opportunity to access this outstanding service. It was top notch.”
“This donation is not much but it is given with sincere thanks and
heartfelt gratitude. If everyone that you help(ed) would send just a small
token of appreciation – how many more could you help?”
Funding
LSED receives significant funding through the federal Older Americans Act, which
is distributed to the New York State Office for the Aging and finally to the county
Departments of Senior Services. LSED contracts with several Western New York
counties in the proportions illustrated in the attached graph. Our single largest funder is
the Erie County Department of Senior Services.
In 2008, LSED received several grants from the Interest on Lawyers Account
(IOLA) Fund: one for general operating expenses, one for our Mortgage Foreclosure
Prevention Project with the Legal Aid Bureau and one for our co-location Project with the
Western New York Law Center and the Erie County Bar Association’s Volunteer Lawyers
Project. The IOLA fund was established to receive the interest earned by funds held in
client accounts by attorneys. Although the interest on individual accounts is negligible,
when pooled in an IOLA account, the income is sufficient to benefit needy persons. This
source of revenue supplemented our governmental contracts, allowing us to serve many
more clients than would otherwise have been possible. IOLA provides critical support for
our outreach programs to Hispanic and African-American elderly.
Our local New York State Assembly Members and Senators have been instrumental
this year in obtaining continued funding for our program. We have been fortunate to
receive local initiative funding from the Assembly Majority Democrats and Senate
Majority Republicans, as well as a small budget line for civil legal services.
We are fortunate to have the support of the local foundation community and the
United Way. We received a total of $37,000.00 in grants during the fiscal year from the
following private foundations:
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The Cameron Baird Foundation
The J.P. Morgan Chase Foundation
The Western New York Foundation
The Western New York Foundation
Evans-Devereus
The New York Bar Foundation
Total
$ 5,000.00
15,000.00 - split with our
Partner, Legal Aid
2,000.00 -Trustee’s
Discretionary
5,000.00 -Honorary Trustee’s
5,000.00
5,000.00
$37,000.00
Each year we must ask the local community to support the work we do. We run
both an annual golf tournament and a direct mail drive. In addition, we use staff and
board members to handle all special events, so that all of the funds raised can go back into
our program. As government funding has gotten more scarce, we have had to ask more of
our friends. Without their support, we would be unable to accommodate the everincreasing calls for help. In 2008, private donations and fundraising totaled $79,096.
We would like to thank the following individual donors who supported us in 2008.
We apologize if we neglected to include anyone. Please call Karen Nicolson at 853-3087
if you need to make any corrections.
Abbott, Tills & Knapp
Peter S. Aiello, Esq.
David H. Alexander, Esq.
Joan B. Alexander
Scott Allen
Nicholas P. Amigone, Esq.
Christopher Aronica
Attea & Attea
Dianne Avery, Esq.
Brian Baird, Esq.
Sunil Bakshi, Esq.
Tracy Bannister, Esq.
John Ballow, Esq.
Philip C. Barth, III, Esq.
Roy A. Bass
Peter Battaglia, Esq.
Leon P. Beaner
Katherine Beck
W. J. Becker
Beechwood Continuing Care
Charles Beinhauer, Esq.
Thomas W. Bender, Esq.
Ericka Bennett, Esq.
James Bennett, Esq.
Jan Berg
William W. Berry, Esq.
Katherine Bestine, Esq.
Better Business Bureau
Edward Bickford, Bickford Paper
Gary Billingsley, Esq.
Kathleen Biryla, Esq.
Hon. Lisa Bloch-Rodwin
Edward Bloomberg, Esq.
Jennifer D. Bowen, Esq.
John Brady
Brautigam & Brautigam
Briarwood Manor Inc.
Philip Brothman, Esq.
Brown Chiari LLP
T. Alan Brown, Esq.
Joel Brownstein, Esq.
Robert Brucato, Esq.
Thomas Brydges, Esq.
Buffalo Law Journal
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Jerome Carrel, Esq.
Patricia Carrington, Esq.
Robert Castellani, Esq.
Cellino & Barnes
Chiacchia & Fleming, LLP
Paula Ciprich, Esq.
Diane Ciurczak, Esq.
Clark & Whipple
Sanford Clark, Esq.
Lynn Clarke, Esq.
Edward & Linda Coleman
J. Michael Collin
Anthony Colucci III, Esq.
Mr. & Mrs. Robert B. Conklin
Joseph Connelly, Esq.
Mary Joan Connelly
Consumer Credit Counseling
Edward C. Cosgrove, Esq.
George Cownie, Esq.
Joseph Crangle, Esq.
George Crofts, Jr., Esq.
Craig Cwick, Esq.
William Daetsch, Edq.
Damon & Morey
Michael Daumen, Esq.
Dana Dee
Phillip Delmont, Esq.
Designed Settlement Services Inc.
Sheila Dickinson, Esq.
Daniel Dillon, Esq.
Thomas Disare, Esq.
Melinda Disare, Esq.
John Dorn, Esq.
Thadeus Dziekonski, Esq.
Gayle L. Eagan, Esq.
James Eagan
John Edick
Susan Egloff, Esq.
John B. Elliott, Esq.
Patrick Emmerling, Esq.
Robert S. Esposito
Evans & Evans
Randy Fahs, Esq.
Margaret Fahs
Family Choice of New York
Thomas Farley, Esq.
David Farmelo, Esq.
Wendy Fechter, Esq.
Walter Ferry
Kathleen Fitzgerald
Michael Flaherty, Esq.
Howard Frank, Esq.
Dr. Jack P. Freer
Sandra B. Friedfertig
John Fromen, Sr., Esq.
Thomas Gaffney, Esq.
Diane S. Gastile, Esq.
Robert P. Gastile
Eugene Gaughan, Esq.
Athur Giacalone,Esq.
Peter Gilfillan, Esq.
Herman Ginsburg, Esq.
Eric Glazer, Esq.
Susan & Charles Goetz
Howard Gondree, Esq.
Lillian Gondree
Gerald Gorman, Esq.
James N. Gormley, Esq.
Gerald Grace, Esq.
Karen Gray
Leslie Mark Greenbaum, Esq.
Richard F. Griffin, Esq.
Dr. Jane Griffin
J. Mark and Mara M. Gruber
Gurney Becker & Bourne
Charles Hahn, Esq.
Mark Hamberger, Esq.
Vincent Hanley, Esq.
Paul Hassett, Jr., Esq.
Nan L. Hayes, Esq.
Ann Herman, Esq.
Thomas Hewner, Esq.
Sharon Hewner
Susan Hogan, Esq.
HSBC Philanthropic Programs
Hogan & Willig
Hodgson Russ
Home Instead Senior Care
Homemakers of Western New York
Timothy Hoover, Esq.
John G. Horn, Esq.
HSBC Matching Gift Program
Thomas J. Hurley, Esq.
Hurwitz & Fine
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Independent Health
Ann Hess, Esq.
Jaeckle Fleischmann & Mugel
James L. Jarvis, Jr., Esq.
Todd Joseph, Esq.
Hon. Norman Joslin
Gary M. Kanaley, Esq.
Linda M. Kanaley
George Kanner, Esq.
Judith Katzenelson, Esq.
Josh Keats
Thomas Keefe, Esq.
Robert Klump, Esq.
Peter Kooshoian, Esq.
Paul Kullman, Esq.
Tom Kurtz
Kysor & Della Posta
Hon. John LaFalce
Stephen Lamantia, Esq.
Hon. John Lane
Jenneth Lane
Laping Surdez Associates
Toby Laping, PhD
Robert Lawrence, Esq.
David Lazenski, Esq.
Patricia Lazenski
Legal Med
Richard J. Lehner, Esq.
Paula Leszak
Mark Lillenstein, Esq.
Lipsitz & Ponterio
Sally Logan, Esq.
Lombardo Funeral Home
Mary Ellen Loncto
M & T Bank
James Magavern, Esq.
Main Seneca Corportion
Sam Maislin, Esq.
Giles Manias, Esq.
H. Jeffrey Marcus, Esq.
Robert Marinelli, Esq.
Edward Markarian, Esq.
Benda Mattar, Esq.
Karen McCafferty, Esq.
W. Donn McCarthy, Esq.
Lisa McDougal,l, Esq.
Elsie T. and John McDowell
Philip McIntyre, Esq.
Kathleen McMahon-Stoll, Esq.
Robert Meiss
Brian Melber, Esq.
Hon. John Michalek
Craig Miller, Esq.
Francine Modica, Esq.
Richard Moot, Esq.
Robert Moriarty, Esq.
Glenn Murray, Esq.
Sue Dealy Murszewski, Esq.
National Fuel
Thomas Nelson, Esq.
Frederic Norton, Esq.
Nixon Peabody
Linda G. Novotny, Esq.
Barbara Nuchereno, Esq.
Hon. John O’Donnell
Randall Odza, Esq.
Rita Odza
Michael Olear, MJ Peterson
Victor Oliveri, Esq.
Timothy O’Mara, Esq.
Randolph Oppenheimer, Esq.
Patrick O’Reilly, Esq.
Vicki O’Reilly
Hon. William Ostrowski
Thomas Paras, Esq.
Mark Parker
Michelle Parker, Esq.
Mark Perla, Esq.
People Inc.
Hon. Erin M. Peradotto
Paul A. Peters, Esq.
Phillips Lytle
Susan Piver, Esq.
Judy Piwowar
Carmen Polito, Esq.
Pubic Abstract Corp.
Theodore Pyrak, Esq.
Michael Pysz, Esq.
Radack & Hartnett
Rapid Ray’s
Rayford Enterprises, Inc.
Jack Reich, AXA Advisors
Shari Jo Reich, Esq.
Bruce Reinoso, Esq.
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The Resource Center
George Riedel, Esq.
Barbara Riedel
Amy Rosen-Brand
Howard Rosenhoch, Esq.
Valerie Rosenhoch
Richard Rosso, Esq.
Steven Rubinstein, Esq.
Susan Rubinstein
Arthur Russ, Esq.
Joseph Saeli, Jr., Esq.
Nancy Saia, Esq.
Schaus & Schaus
Geralyn Schiffler, Esq.
Denis Scinta, Esq.
E. Michael Semple, Esq.
Eugene Setel, Esq.
Michael Shannon, Esq.
James Shaw, Esq.
Jerry Sheehan, Synchronet
Myron Siegel, Esq.
Robert Sillars, Esq.
David Silverberg, Esq.
Anita Smith
Carrie Smith, Esq.
Jamie M. Smith, Esq.
Thomas Smith, Esq.
Oscar Smuckler, Esq.
David Starkey, Esq.
Robert Steinhaus, Esq.
Michele Sterlace-Accorsi, Esq.
Brenda A. Symans
James Smyton, Esq.
Patricia Smyton
Margaret Snajczuk, Esq.
Arnold Soeder, Esq.
Catherine Soeder
Jeffrey Spencer, Esq.
Michelle Spencer
Mark Spitler, Esq.
Jil St. Ledger-Roty, Esq.
David Sweet, Esq.
Teamsters Local Union #264
Dominic Terranova, Esq.
John Thompson, Esq.
Hon. Sharon Townsend
Bradlee Townsend
Thomas Troy, Esq.
Hon. Sharon Townsend
Denis Uminski
Vicky Valvo-Walkowiak
Mary E. Virginia, Esq.
Senator Dale Volker
Patrick Walh
Mary P. Walck, Esq.
Ruthanne Wannop, Esq.
Thomas Ward, Esq.
Paul Weaver, Esq.
Lester H. Wedekindt, Inc.
Robert Weissflach, Esq.
Justin White, Esq.
Furnette Williams
Douglas Winokur, Esq.
Wayne Wisbaum, Esq.
Marilyn Wray
Phyllis Wray
Diane Wrightson
Helen Ferraro-Zaffram, Esq.
Robert L. Zaffram
Robert Zahm
Marilyn Zahm, Esq.
Nelson Zakia, Esq.
Professor Paul Zarembka
Joseph Zdarsky, Esq.
George Zimmerman, Esq.
Helen Zimmerman
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In 2008, we celebrated the 30th anniversary of our incorporation with an
anniversary Gala at the Hyatt in downtown Buffalo. We now share space with the
Erie County Bar Association’s Volunteer Lawyers Project and they celebrated their
25th anniversary in 2008. It seemed only natural that we hold a joint party. Several
hundred of our closest friends and supporters joined us on December 5th and we
collectively raised more than $55,000. Thanks to everyone who supported us by
attending and to our sponsors, who we have listed below:
Gold Sponsor
Phillips Lytle, LLP
Bronze Sponsor
Hodgson Russ
Program Sponsors
Ameri Pro
Ansel Printing & Packaging
Briarwood Manor
Buffalo Law Journal
Burandt Waterproofing
Cellino & Barnes
Damon & Morey
Family Choice of New York
Harter Secrest & Emery LLP
Jackleg, Fleischmann & Mugel, LLP
Kavinoky Cook LLP
Kenney, Shelton, Liptak & Nowak
Key Bank
Kristina M. Young & Associates
Landmark Land Surveying
Lipsitz & Ponterio
Lombardo Funeral Home
LP Ciminelli, Inc.
M&T Bank
Main Seneca Corporation
Minority Bar Association
Mona Vie
National Fuel
Niagara Street Tops Market
Nixon Peabody LLP
Olear – MJ Peterson
People, Inc.
Personius Melber LLP
Pfalzgraf, Beinhauer & Menzies
Rayford Enterprises Inc.
Schaus & Schaus
Sortie Creations, Inc.
Sue Ann Simonin Court Reporting
Thomas Keefe, Esq.
UB Law Alumni Association
Walsh, Roberts & Grace
Wedekindt Funeral Home
Willcare
WNY Chapter WBASNY
Western New York Foundation
Women Lawyers of WNY
Ann G. Hess, Esq.
Nancy Saia, Esq.
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Volunteers
LSED draws volunteer law students and attorneys, who provide invaluable
additional services to our clients and the community at large. This year we continued our
relationship with the SUNY at Buffalo School of Law to run a clinic program through our
office. The students in this program earn class credit for working on LSED files. They
are supervised, at no cost to the agency, by Professor Anthony Szczygiel. As a result, we
received 602 hours of free law student services in 2008 and Professor Szczygiel donated
another 523 hours of his own time.
Publications and Presentations
Thousands of seniors and their families heard about our services this year through
the media. We were interviewed on radio, newspapers and television several times this
year about Medicare Part D, Social Security, predatory lending, and tax foreclosure issues.
Our staff is in demand as lecturers and, during this past year, we spoke to 21 separate
groups and addressed approximately 700 individuals. In addition, this year we again
partnered with Volunteer Lawyers Project to train volunteer attorneys on the issue of city
tax foreclosure process. Our staff provided the materials and presentations to private bar
attorneys who agreed to take cases pro bono, thereby increasing the numbers of clients
who were able to get legal assistance and avoid losing their homes. This year, we
continued our Elder Abuse Training Project, supported by a grant from the United Stated
Department of Justice Office on Violence against Women. Our office, along with our
partners helped produce the booklet AAbuse & Exploration of the Elderly: Potential Legal
Remedies.@ Finally, this year, we partnered with the New York State Bar Association=s
Elder Law Section to start free Elder Law Clinics utilizing our staff and probono attorneys
from Erie County. It is our goal to conduct 3-4 per year in various senior centers
throughout Erie County.
Finally, our staff members have taken leadership roles in the aging community.
This year staff members have served on the board of HOME (Housing Opportunities
Made Equal), a member of the MIT Educational Council, served on the board of Child &
Family Services, served on the Erie County Multidisciplinary Council on Elder Abuse
Steering Committee, served on the Mayor=s Anti-Flipping Task Force, sat on the
Kenmore Mercy Ethics Committee, served on the Chautauqua County Elder Abuse
Committee, completed the Leadership Institute at the Bar Association of Erie County and
on the Erie County Bar Association’s liason with the Erie County Medical Society
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INDIVIDUAL CONTRACTS
Erie County
Our very first funder was the Erie County Department of Senior Services in 1975
when we were a part of the Legal Aid Bureau of Buffalo. In 1975 we had a single funder
for a budget of $56,000. We now have more than 30 separate funding sources, an
operating budget of 1.2 million and open about 1,200 new files per year. However, Erie
County Senior Services continues to be a core funding source, providing us with $367,000
through several grants in 2008.
New clients either call our office directly, or are referred by caseworkers from the
department. We visit clients in the community whenever necessary and work closely with
the Department of Senior Services to set case priorities that will target the most
economically and socially disadvantaged seniors. In 2004 we sent out an ambitious survey
to ascertain the current legal needs of older persons in our community. As a result, we
changed our priorities to ensure that we use our limited resources most efficiently and
where we are most needed. In 2008, we decided that it was time for another legal needs
survey and we expect to have that completed by the end of 2009.
Erie County funding represents a core, stable source of revenue for our program
and enables us to work on time intensive impact issues which benefit a large group of
clients. One such case was reported on the Empire Justice website:
“For SSI applicants or recipients, the value of a home is exempt from countable
resources as long as is the principal place of residence. If an individual moves out of
the home for any reason, including a stay in a medical facility, an inquiry must be made
into intent to return to the home. If there is intent to return, then the resource
exemption continues.
This issue was the subject of a hearing for a client of Beata Banas of Legal
Services for the Elderly in Buffalo.
“Beata’s 78-year-old client applied for SSI but was denied because the life
estate in her home was counted as an available resource. The client was in an
assisted living facility for ongoing treatment of a medical condition. She expressed
a desire and intent to return to her home, where she had left all her belongings,
including clothing and furniture. She was improving at the medical facility and
could conceivably return to her home with the assistance of a home health aide.
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Administrative Law Judge (ALJ) Maryellen Weinberg, who conducted a
video hearing from her Brooklyn ODAR office, found that the claimant’s life estate
interest in her property was excluded from consideration as a resource because it
remained her principal place of residence, notwithstanding that she was currently in
an assisted living facility. The claimant’s intent to return to her home was real and
credible, according to the ALJ. The claimant was otherwise eligible for SSI based
on her age and the ALJ awarded benefits going back almost three years. The
claimant had waited almost two years for a hearing!”
Congratulations to Beata for bringing justice home to Buffalo in this case. The
hearing decision is available as DAP #500.
The above is a common problem in Buffalo, where housing prices and
neighborhood deterioration make it impossible to sell homes. Often seniors must remain
in deplorable homes in unstable neighborhoods because to leave would jeopardize their
SSI benefits.
The county contacted us on behalf of a 67-year-old woman with a
long history of mental health problems. Last year, her home was declared
uninhabitable by the city and she was ordered to leave. However, once she
left the home, SSI informed her that it lost its exempt status. The value
social security attached to the home was over the SSI resource level of
$2,000 making her ineligible for SSI. Without any income, our client was
unable to find an alternative place to live and was hospitalized. We
convinced the Social Security Administration that the home had no value
and her benefits were restored.
Health care issues continue to be a major source of concern for our clients, making
up more than 25% of our caseload. According to the National Consumer Loan Center,
one third of personal bankruptcies include significant medical debt. By appealing denials
of Medicare, Medicaid and private health insurance, we keep our clients solvent and out
of bankruptcy court.
13
We were contacted on behalf of a low-income 90-year-old woman.
Her Medicare Advantage plan denied coverage of care provided to her to
address difficulty in walking due to sever foot pain. The Administrative
Law Judge concluded that the plan was required to cover the out of
network services in that they were urgently needed services to address her
condition
An 81-year-old woman, suffering from severe low back pain had
great difficulty in walking. Her Medicare Advantage plan denied prior
authorization of her doctor's requested surgery. We represented her at a
hearing and the ALJ ruled that the requested surgery was medically
reasonable and necessary treatment of her condition and the plan must
provide coverage. In this case, we were able to assist the client to get the
care she needed. In addition, since the Medicaid program has a local share
and Medicare is 100% federal funded, maximizing the Medicare coverage
for Erie County residents saved the taxpayers of Erie County Medicaid
money.
Relatives= Rights Project
Through a contract with the Erie County Department of Senior Services with pass
through funds from Title III-E of the Older Americans Act, we offer legal representation
and advice to older caregivers in the areas of custody, guardianship, adoption and public
benefits. This year our project staff helped 120 families. Although the main focus of this
project involves advocacy in Family Court to obtain custody of minor children, we pride
ourselves on advocating for our clients in all areas that impact these Anew@ families.
We represented a 68-year-old grandmother who sought to adopt
her two granddaughters out of foster care. The parental rights of
the mother and father were terminated for abandonment. Our client
lived in the South, but moved back up to Buffalo to care for the children.
The children have been with client since 2004 and have since moved
back to their home state. Both children are thriving in their
grandmother’s care and it is anticipated the adoption will be final by
summer 2009.
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Our client is the paternal grandmother of a baby boy. The mother
also had a second child, close in age by a different father, and
unfortunately the mother was brought to Family Court due to a Child
Protective Services investigation. At first the County gave our client a
very hard time, but client wanted to take both boys in order to keep them
together. We secured her rights as a 1017 custodian and assisted client
with the training to become a registered foster parent. These two boys are
now living with client and client is working both with the County and
with the mother to improve her parenting skills with the hope of someday
returning the children to her.
For ten years Ms. H raised her nephew D. The Mother was only
marginally involved and seldom visited, or supported the child. By all
accounts D. had matured into a fine, polite young man.
Unfortunately, this September the Mother got the idea that she was ready
to raise D., notified the school that she was picking up her son and did
so. Our client never had legal custody of D. We immediately filed custody
papers and conducted a hearing seeking custody and proving that mother
had in fact abandoned the child. Several witnesses were called, all
neighbors who testified for our client, the fact that D. was so polite and
well cared for, and that he was thriving under the care of his aunt and
that the mother was no where to be seen during all these years. We won
custody of the child and our client agreed to work with the mother if she
also wanted a relationship with her son.
15
Even after the recent passing of her husband, a 73-year-old
grandmother was taking care of her two very young grandsons. The
oldest child was born premature due to drug and alcohol abuse by his
mother. The child had to go through withdrawal after he was born. Our
client petitioned for custody and has cared for him since birth. The
youngest child was born a year later, also addicted to drugs and alcohol.
Our client wasn't able to care for the youngest for a period of time
because the oldest child was seeing specialists at Children's Hospital.
Currently, our client also has custody of the youngest and there is an
Order of Protection against both parents to stay away from the children.
The father of the children is also drug and alcohol addicted. Both
children are doing well in the custody of their grandmother who has
assistance from another daughter who resides in the household.
Protective Services
LSED handles a limited number of highly labor-intensive protective services cases
when appointed by the Court as guardian. LSED=s services as guardian are typically in
situations where intervention is sought by a hospital for an indigent patient who may not
be capable of giving informed consent, or in cases of elder abuse.
We were appointed as court evaluator for an indigent 49-year-old
woman with a lifetime history of mental health issues. She had lived
with her parents in NYC and was completely isolated from the outside
world. Her father died and she lived alone with her mother. However,
once her mom was placed in a facility she remained alone in the home.
She was unable to handle her own affairs and her utilities were turned
off for nonpayment. A cousin learned of the woman's inability to care
for herself and stepped in to get her the services and help needed. She
agreed to be named a special guardian to help the woman.
16
The court called us to represent an 82-year-old gentleman in
Family Court. His son had requested an order of protection on his behalf
to keep his daughter away from him. The court was concerned because
the elderly gentleman did not appear in court and the court was unable to
ascertain his wishes without his presence. We went to the home to visit
our client and he informed us that his daughter is an alcoholic who was
financially abusing him. He was physically very ill, but he was mentally
capable of handling his finances. We obtained the order of Protection on
his behalf and evicted the daughter from the home.
Cattaraugus County
We continued our partnership with the Cattaraugus County Department of the
Aging in 2008. Staff attorney, Bill Berry, made monthly visits to the county in order to
visit clients, conduct intake, and appear in court.
An 81-year-old SSI recipient contacted us because of an
overpayment of more than $10,500.00 in railroad retirement benefits.
Our client had applied for SSI but had been denied because SSI counts
the recouped checks as income even though they aren’t received. As a
result, our client was forced to live on approximately $400.00 per month
in SSA income. She was having difficulties affording everyday necessities
such as food. The overpayment occurred back in 1973. The client had
qualified for Railroad Retirement Benefits (RRB) back in 1958 and began
being overpaid in 1973 when she started collecting SSA. This continued
until RRB cut her off in 1994 and resulted in an overpayment of over
$50,000.00 By the time we got involved in 2006, more than $39,000.00
had already been recouped, by totally eliminating her RRB checks from
1994 on. When it waived recoupment of the remaining $10, 500, the RRB
found not only that she needed the income to meet ordinary and necessary
living expenses, but also that she was without fault in causing the
overpayment.
17
A husband and wife in a nursing home contacted us because they
had a very large bill. After review, we believed that the bill should be
covered by the Federal Medicare program and not by the county funded
Medicaid program. We insisted that the skilled nursing facility submit
Medicare demand bills, after they provided and improper notice of noncoverage. As a result, we obtained a CMS determination that the nursing
home could not bill for skilled nursing services rendered to both clients,
resulting in Medicaid savings totaling $43,000.
We won an appeal for a 91-year-old nursing home resident. Her
Medicare Advantage (Senior Choice) denied payment of skilled nursing
home benefits, saving approximately $22,500. in total Medicaid payments,
based on 100 days at the average monthly nursing home rate in 2008
($6820. x 3.3 = $22,506.).
Chautauqua County
We contracted again this year with the Chautauqua County Office for the Aging.
Staff paralegal, Brenda Symans, conducts intake at two locations in buildings occupied by
the Office for the Aging. This cooperative arrangement permits LSED to provide more
direct service hours at a lower cost, reducing travel time and fostering a close day-to-day
working relationship with the County.
This year we closed 71 cases in Chautauqua County. We dealt with a variety of
issues including: debtor/creditor matters, evictions, landlord disputes, Social Security, SSI,
tax foreclosure and Medicaid. We also provided several trainings on a variety of topics
including: Health Care Proxies, Living Wills, Powers of Attorney and an overview of the
services we offer to seniors in the county.
18
LSED represented a 75-year-old woman whose only son was her
Power of Attorney agent and was abusing his power. The son manipulated
his mother into believing she had no rights and isolated her away
from family. LSED was notified of the situation by a concerned family
member living out of state. At this point, the son kept all of client's mail
from her, kept her Social Security checks, cashed in her life insurance
policy and burial fund, turned off her long distance phone service, took out
loans and credit cards in her name and wrote out checks to himself and his
girlfriend. The son also was not paying client's rent and she was in danger
of eviction. In addition, the son was living on the family farm and it was in
threat of being foreclosed for non-payment of taxes. With the assistance of
LSED, the power of attorney was revoked and all of client’s mail was
returned to her. Our client regained control over her finances and
communication between family members has resumed. Our Client is no
longer in danger of eviction and is in control of her life.
LSED represented a 65-year-old veteran with a history of medical
and psychiatric issues as a result of service in the Vietnam War. Due to his
mental health issues, our client owed over $30,000.00 in back taxes and his
home was about to be foreclosed. We received a call from a concerned
community member who saw the posted sale date notice on his front door.
Our client was not a candidate for senior housing and, with limited income,
alternate housing was not an option. With LSED's representation, client
secured a reverse mortgage, the back taxes will be paid and the remaining
balance of the reverse mortgage will be put into a trust for future taxes. In
addition, we connected our client with additional services in the community
that he was not aware of.
Housing
Since 1982 LSED has handled housing law problems for residents of the City of
Buffalo age sixty and over. Our Housing Law for the Elderly Program, unlike our
programs funded with Older Americans Act monies, does have an income eligibility
standard. LSED assists qualified clients with the following issues: problems with tenants
(including eviction and collection of rent), compliance with building and health codes,
defense of evictions, and representation of clients in Housing Court, property tax
foreclosure, foreclosures due to water arrears and defense of evictions.
19
Mr. G. is an 80 + years old gentleman who lives alone in the family
home. A friend called Senior Services because he had not seen or heard
from our client for weeks. Adult Protective Services got involved and they
found him physically well, but living in squalid conditions. Their
recommendation was that they should remove him for his own safety. Mr.
G. is a hoarder and had some sixty years of accumulated belongings.
The conditions were not suitable, but Mr. G. told us he had been intending
to clean it up. The Department of Health did an inspection before the
court appearance and cited Mr. G. with a list of violations and also told
the court our client should be removed and the house condemned. They
ordered Mr. G. to vacate his home and sent to the Lennox Hotel. They
also issued a warrant to arrest if he were found on the property.
Attorney Carol Brent appealed to the court and the vacate order
was lifted to allow Mr. G. to be in his home from 9 a.m. to 5 p.m. We
convinced the health inspector and Judge Nowak that they should allow
Mr. G. to clean and make the necessary repairs. To everyone’s surprise,
he did clean the home and brought the house up to code. Another
meeting at his house convinced the court to withdraw the vacate order.
Mr. G. could move back to his home full time. We also arranged for him
to call a local bank about doing a reverse mortgage, using the money to
make future repairs.
Ms. H. is a 75-year-old woman, living alone at the Buffalo
Municipal Housing Authority apartments. The client was issued a 30-day
notice to vacate her apartment or face eviction. Ms. H. told us that on or
about the end of May 2008, she had asked a security guard not to walk
through her small flower bed in front of her ground floor apartment. The
security guard verbally harassed her in response. The next day he did it
again and swore at Ms. H. when she confronted him. Ms. H. called the
police. An officer arrived at the scene, and defused the situation.
However, Ms. H.’s grown son lives in the same BMHA complex. The son
also threatened the security for harassing his mother.
The security guard filed a report against our client and they
proceeded to evict her. The landlord claimed that the reason was the
harassing by our elderly client of the security guard. Ms. H. is 130 lbs. and
the security guard is 200 lbs. After several meetings, we felt that the issue
was not with our client so much as with her son. On July 22, 2008, in City
Court, before Judge Nowak it was determined that the eviction has no
merit and was thrown out. Without our help, they would have evicted Ms.
Bernice H. from an apartment she had lived in for many years.
20
Five years ago, we started a project to combat predatory lending in Erie County. In
2007, we expanded the project to include the additional counties of Niagara, Chautauqua,
Cattaraugus, Genesee and Allegany. Predatory Lending is generally defined as abusive or
illegal lending practices, or loan terms that are used to strip home equity from homeowners
and make loans unaffordable. The practice ultimately leads to foreclosure, homelessness
and the destruction of urban neighborhoods. We have been able to continue this important
work with the help of the JP Morgan Chase Foundation, IOLA, the City of Buffalo and
New York State.
Ms. H. came to our agency with a predatory loan. She had wanted
to consolidate her debts into one mortgage. The mortgage broker took
advantage of her and she ended up with 2 new mortgages, the combined
value of which exceeded the value of her home. The closing took place at
a McDonald’s. Ms. Hyde was so desperate to pay off the 2 mortgages that
she was babysitting at the age of 76 to pay her debts. We were going to
litigate the case, but the mortgage company agreed to reduce her first
mortgage by over $300.00 per month. She could afford this arrangement
and now has discontinued her babysitting and is enjoying her retirement.
Genesee County
For several years we have contracted with the Genesee County Department of Social
Services to help maximize the federal Medicare benefits available to county residents on
Medicaid. In addition, we also handle Prescription Drug appeals for county residents
under our contract with the State Office for the Aging and provide a speaker several times
per year.
A 63-year-old woman diagnosed with colon cancer, hypertension,
congestive heart failure chronic obstructive pulmonary disease, and
diabetes was referred to our office. She had under gone abdominal surgery
and was still experiencing post surgical wound care due to infection. Our
client required daily assistance with personal care services, but the home
care agency was providing an aide only 3 days a week and was soon going
to discharge the aide's services completely. We advocated with the
Medicare agency and the agency agreed to increase the aide services to
daily.
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Niagara County
Although we do not have a contract for Title III-B funds with the Niagara County
Office for the Aging, we are able to leverage state funding to provide services to Niagara
County residents in the areas of mortgage foreclosure. In addition, we have a contract
with the Niagara County Department of Social Services to handle Medicare claims for
Medicaid recipients. In the process, we obtain needed federal Medicare coverage for our
clients and save the county scarce Medicaid dollars. Referrals come directly from the
Department of Social Services. Finally, through our funding from the New York State
Office for the Aging, we handle prescription drug appeals on behalf of elderly or disabled
Niagara County residents.
Allegany County
We receive funding pursuant to Title III-B of the Older Americans Act and our
referrals come directly from the Allegany Office for the Aging. Our goal is to maximize
limited available resources, while at the same time providing high quality legal services to
both the seniors and staff in Allegany County.
We filed suit in Allegany County Supreme Court against a Medicare
Supplement policy for over $36,000 in denied payments for 178 days of
nursing home care at Wellsville Manor Nursing Home subsequent to
Medicare exhaustion. The estate agreed to settle the case for a substantial
amount of money in late 2007, and we obtained an additional $10,000
settlement check from the insurance company in 2008.
22
An elderly gentleman 75-years-old, suffering from coronary artery
disease, hypertension, hypercholesterolemia, peripheral vascular disease,
congestive heart failure, COPD, and end stage renal disease recently had
experienced a ruptured aortic aneurysm and a massive heart attack
requiring emergency surgery. He required oxygen at all times, and was
receiving renal dialysis 3 xs per week. While on his way to dialysis, he fell
and fractured his hip. The local facilities were unable to perform the
necessary surgery, so he was transported to ECMC. Due to his extensive and
complex medical condition and history, it was determined by the physicians
at both facilities that the most appropriate course of continued treatment
would be to transfer him by ambulance back to Olean General for continued
care by his established team of specialists. Medicare initially denied
coverage of the ambulance services from ECMC back to Olean. We
represented him at the hearing stage. The judge ruled that, upon submission
of the supporting brief, no hearing was required and issued an on the record
decision granting coverage of the ambulance services as medically
reasonable and necessary
Seneca Nation of Indians
This year, we represented clients on both the Cattaraugus and Allegany Indian
Reservations. Common issues addressed during 2006 for the members of the Nation
involved, Social Security, SSI, consumer, health care proxies and estate matters. Our
attorney, Beata Banas, met with clients at the Offices for the Aging on both the
reservations, as well as in the homes of our clients. In addition to direct representation, our
ALawyer of the Month@ program at the Cattaraugus Reservation provides free, brief advice
to many seniors during the lunch hour at the senior center.
New York State
Since 1994, LSED has received a line item in the New York State Budget. In 2008
that line item was $7,507.00. In addition, LSED has been the recipient of member item
funding from Senator Volker and the local Assembly delegation through the Legal Services
Assistance Fund. In 2008 we entered into a subcontract with Empire Justice under a grant
with the State Office for the Aging to handle appeals under the federal Medicare
Prescription Drug program. Funding from New York State has provided general support
and expanded the services we are able to provide to our clients. State funding is vital to
our program, particularly since allocations to the counties from the Older Americans Act,
23
our main source of funding, have not increased in several years. As of this writing, most of
our New York State funding sources were eliminated, or severely curtailed, in the 20092010 budget. Without state funding, we will have to cut staff to respond to rising costs,
helping fewer clients every year.
Our elderly client signed up with a Medicare Advantage plan in July
2008 after a company representative came to his home and led him to
believe that the plan would cover his prescription drugs. Client states that
he was not aware that he was signing up for a Medicare Advantage plan.
Client got his first fill of oxycotin in July and was not informed that he was
receiving a transition refill and that the drug was not part of the drug
company’s formulary. Client went to fill the drug again in August and was
told this time that the drug was not covered by the plan and he would have
to contact his doctor for alternate medication covered under the plan or
request an exception. The client paid out of pocket for August for the
medication and the remaining months of 2008 was prescribed an alternate
drug. Following our advice, the client disenrolled from the Plan effective
January and is now in traditional Medicare. However, he was unable to get
reimbursed for the drugs he paid for on his own. We appealed and
requested that the client be reimbursed for the medication because of the
drug company’s failure to abide by CMS Transition Process policy
requiring written notification.
A local pharmacy would not fill our 75-year-old client’s prescription
for her inhaler unless she paid the co-payment. However, the client is very
low-income and dually eligible for Medicare and Medicaid. Before the
Medicare Prescription Drug Legislation, she received her inhaler without a
co-payment, through Medicaid, due to her low income. We advocated for
her with the company and she received her prescriptions without a copayment.
24
IOLA
LSED is a charter member of the Interest on Lawyer Account Fund, a program
dedicated to providing funds for civil legal services programs and programs for the
improvement of the administration of justice. The IOLA funds are used to support our
entire program; with particular emphasis on the poor minority communities we serve.
IOLA funds have enabled us to steadily increase our services to the Latino and AfricanAmerican communities over the years. In 2008, 45% of our clients identified themselves
as not Caucasian. In 1999, only 26% of our clients self-identified as non-white. Our
Hispanic Outreach Program, as well as our outreach efforts into the African-American
community, is supported entirely by our grant from the IOLA Fund.
This year, we were fortunate to receive additional IOLA funding through our
partnership with the Legal Aid Bureau to combat the rising tide of mortgage foreclosures
in our area... In addition, IOLA supported our co-location and move- a collaborative
project with the Volunteer Lawyers Project and the Western New York Law Center. That
funding enabled us to expand our joint conference/room media Center, which will be
shared with all local legal services agencies.
IOLA funding is expected to decrease by as much as 70% in 2010 due to a
combination of falling interest rates, and the decrease in real estate closings due to the
mortgage foreclosure crisis.
Pooled Trust
In 2004 our office collaborated with People Inc. and Key Bank to start the first
local Pooled Supplemental Needs Trust. Unlike our programs funded by the Older
Americans Act, our trust is not restricted to those age sixty and older. Our supplemental
needs trust allows family members to enhance the quality of life of their loved ones with
disabilities, without causing a loss of the public benefits that the disabled person relies
upon to survive. Beneficiaries pool their money together to take advantage of better
investment opportunities. The trustees keep a separate sub-account for each trust
beneficiary, and any money remaining in the trust at the death of the beneficiary is put into
a fund to provide assistance to other disabled trust beneficiaries who have depleted their
accounts. Trust money can be used to purchase most items beyond necessary food and
shelter, including such things as purchasing a wheelchair van, paying for a vacation, or
obtaining additional medical care not covered by public benefits.
25
Conclusion
Our agency provides a critically necessary service to Western New Yorkers.
Although we have accomplished much this past year, more needs to be done. We continue
to turn away more people than we help in a year. All of the counties which we serve have
elderly populations that are greater than the National Average, and we can expect the
numbers to increase as the baby boomers move into retirement. Moreover, the current
recession means that more seniors will fall into poverty and find themselves seeking our
help. At the same time, the legal services community is facing the largest funding cuts
most of us have ever seen. This is the time that our government, on all levels, needs to
ensure a strong, qualified legal services delivery system to provide access to justice for all
people, regardless of income.
26
Staff
Karen L. Nicolson, Esq. Executive Director
Michaelene Bauer, Office Manager
Robert S. Esposito, Administrative Assistant
Beata Banas, Esq., Staff Attorney
William W. Berry, Esq., Staff Attorney
Carol Brent, Esq., Staff Attorney
David A. Shapiro, Esq.
Helen Ferraro-Zaffram, Esq. Staff Attorney
Anthony Szczygiel, Esq., Clinic Professor
Kathleen M. Kanaley, BSW, Social Worker
Nicole Blackwell, Staff Paralegal
Thomas E. Hayduk, Staff Paralegal
Cheryl Kostrewa, Staff Paralegal
Brenda Symans, Staff Paralegal
Furnette Williams, Staff Paralegal
Mary Ellen Loncto, Secretary
Judy Piwowar, Secretary
Kathleen Philip, Receptionist
27
2008 Board of Directors
Thomas F. Keefe, Esq., President
Giles P. Manias, Esq., Vice President
Frederic Paul Norton, Vice President
Randolph C. Oppenheimer, Esq., Vice President
Bruce D. Reinoso, Esq., Vice President
Shari Jo Reich, Esq., Treasurer
David J. Starkey, Esq., Secretary
Directors
Ericka N. Bennett, Esq.
John C. Brady, III
Tracy Jordan-Cardwel
David P. Chadwick, Esq.
J. Michael Collins
Robert L. Marinelli, Esq.
Robert Meiss
Timothy O=Mara, Esq.
James P. Milbrand, Esq.
Julie Plesh, CPA
28
Jamie Smith, Esq.
Michele Sterlace-Accorsi, Esq.
Patrick Walh
Clifford E. Whitman
Marilyn B. Wray, CSW-R
Honorary Board Members
Elizabeth G. Clark, Esq.
Gayle L. Eagan, Esq.
Richard F. Griffin, Esq.
Hortense Nash
29