From the Chief Executive Officer
We welcomed several new staff members this year: Kevin Quinn, Sarah Duval and
Autumn Popovec. As a result, we have been able to expand into some critically emerging
issues of practice: elder abuse and financial scams directed toward the elderly. If you read
through our case summaries, you will see how important it is that we have been able to
add this new service for the people of Western New York.
One of our Core Values here at the office is that we “go the extra mile” for clients
and that we “operate with respect”. An illustration of our principals was displayed this
year at the annual holiday party, where staff members presented a video they made about
their work here at LSED. It was incredibly creative; they changed the words of holiday
songs to reflect different areas of our practice. They filmed mostly at night and spent hours
writing lyrics- all on their own time. What was so emotional for me and the board
members in attendance was the obvious enthusiasm they have for their work and the
respect they have for their colleagues here at LSED. I feel that we have put together the
best possible team at LSED and the comments that I regularly receive from our clients
confirms this to me.
I am proud to be associated with this amazing organization.
Karen L. Nicolson, Esq
Chief Executive Officer
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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 to improve the quality of life for
elderly, disabled or disadvantaged persons in the Western New York
area. We do so by providing free civil legal services, guardian and
trustee services to economically and socially disadvantaged older
adults, as well as to younger disabled and low income persons, as
funding permits. 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, disabled and low-income people in the
community of Western New York. Our first and largest funding source is the Older
Americans Act, which is passed through the counties. Currently we contract with the
Departments of Senior Services in the following counties: Erie, Cattaraugus, Allegany,
and the Seneca Nation of Indians. Since we cannot help every senior in those counties, we
must set priorities. Priorities are set due to need and in consultation with the area Office
of the Aging, but generally cover the areas of: health care, elder abuse, consumer, income
maintenance, substituted decision-making and housing.
Over the last few years, state funding has allowed us to open certain practice areas
to the general low-income population, regardless of age. In addition, we have multiple
state grants which allow us to provide services in particular practice areas (depending
upon the grant) to the additional counties of Niagara, Chautauqua, Wyoming and Orleans,
also regardless of age.
In addition to our Civil Legal Services Department, we also have a Guardian and
Trust Department. We can serve as Article 81 Guardian for elderly persons in Erie
County and trustee for disabled persons of any age. As this Department is not supported by
grants, individuals who desire our services must be go through an application process.
Clients Served
While the population of Erie County has decreased significantly (we lost 17.5% of
our total population from 1970-2010), our aging population is increasing. Erie County is
the 9th oldest population in the entire nation. By the year 2015, the Erie County
2
Department of Senior Services estimates that nearly 1 in 4 residents will be age sixty or
older and that there will be a 73.8% increase in the number of seniors age 85 and older as
compared to 1990. Moreover, the New York State Office for the Aging estimates that
over the next 30 years, the over 60 population will increase by 47 percent.1 In addition,
The City of Buffalo has become a safe haven for thousands of refugees and recent
immigrants. New York State is the 4th largest recipient of refugees in the U.S. and a large
percentage of these (32%) (more than 14,000 in the past 7 years) have settled in Erie
County.2
This demographic shift is due to the fact that younger people are leaving Erie
County to find better opportunities, while their aging parents and grandparents are left
behind. Over the past thirty years the “population support ration,” (the number of younger
Erie County residents as compared to older Erie County residents) has decreased from 4.6
to 3.5. The demand on local senior services programs is overwhelming, as agencies are
trying to step in to perform the tasks that have historically been done by family members -bill paying, grocery shopping, transportation, and health care scheduling. In order to
increase collaboration and identify gaps in elder abuse services, Erie County underwent an
exhaustive strategic planning process in 2011-2012. While the county has many programs
that seek to address the need, the need still far outpaces the available services.
This year LSED handled a total of 2,295 cases (1,872 alone and an additional 423
mortgage foreclosure cases with our project Partner the Legal Aid Bureau of Buffalo).
Based upon the information from our closed cases, it is possible to get a picture of our
client population. The typical client in 2012 was more likely to be female (68 %) and
disabled (59 %). Thirty-eight (38 %) of our clients identified themselves as belonging to a
minority group. As our local population ages, our client base does as well -- 60 % of our
clients were age 75 or older in 2012. Pursuant to the Older Americans Act, we target
economically and socially disadvantaged individuals and 71% 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 94% of our clients are either very satisfied or
satisfied by our services and staff. The following comments are typical:
1 New York State Office for the Aging. Erie County’s minority elderly population is projected to increase from
23,238 to 58,199 in the next thirty years.
http://www.aging.ny.gov/ReportsAndData/CountyDataBooks/15Erie.pdf
2 2022-12 Community Needs Assessment, United Way of Buffalo & Erie County
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“Words cannot express my appreciation for all you did for me. You
worked very hard to convince the insurance people to reinstate me. I am
also thankful the service was available for help.”
“Keep helping the elderly who need your services.”
“I was very happy with your program. They helped me get this long
process over with quickly. Would refer your program to friends and family
anytime.”
Funding
LSED receives revenue from about 30 separate sources, which includes
government funding, private grants, attorneys’ fees and fundraising events. Our four main
sources of funding are: 1) the federal Older Americans Act, 2) The Interest on Lawyers
Account Fund (IOLA), 3) New York State Office of Court Administration Judiciary Civil
Legal Services and 4) Court-ordered attorneys’ fees.
In 2011, for the first time in the history of New York State, the Unified Court
System included funding for civil legal services in their budget. This year statewide 25
million was allocated and our office received $214,200. Our office used these funds for
general support but the new funding allowed us to start a new Veterans Support Project in
2011, reopen our eviction defense project and start a consumer protection project in 2012.
In 2012, LSED received another grant from the Interest on Lawyers Account
(IOLA) Fund. 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 otherwise would have been possible.
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 scarce, we have had to ask more of our
friends. We were fortunate to have the support of M & T Bank Foundation, JP Morgan
Chase Foundation, The New York Bar Foundation and the Evans Devereux Fund this
year. Without their support, we would be unable to accommodate the ever-increasing calls
for help.
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We would like to thank the following individual donors who supported us in 2012.
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, LLC
Abbarno, McLaughlin & Kedzielawa
Joseph Ables, Esq.
Peter S. Aiello, Esq.
Donald Alessi, Esq.
David Alexander, Esq.
Joan Alexander, Esq.
Scott Allen – GAR Associates
Amato, Fox Company
Nicholas P. Amigone, Esq.
Tom Anderson
Sara L. Anthis, Esq.
James Arnone, Esq.
Diane Arnone
Fred Astaire Dance Studio
Dianne Avery, Esq.
AXA Advisors
John Bair – Milestone LLC
Brian Baird, Esq.
Sunil Bakshi, Esq.
John Ballow, Esq.
Hon. Tracy Bannister
Batavia Legal Printing, Inc.
Peter Battaglia, Esq.
Bar Association of WNY
Holly Baum, Esq.
W. J. Becker, Metro Horohoe Leimbach Realtors
Beechwood Continuing Care
Charles Beinhauer, Esq.
Belmont Housing
Thomas Bender, Esq.
Cindy Kaplan Bennes, Esq.
Betsy Bergen, Esq.
Joseph Bergen, Esq.
William W. Berry, Esq.
Nathan Berti, W.G.
Katherine Bestine, Esq.
David Beyer, Esq.
Susan Beyer
Edward Bickford – Bickford Paper Co., Inc.
Gary Billingsley, Esq.
Dennis Bischof, Esq.
George Blair, Esq.
Richard Blewett, Esq.
Hon. Lisa Bloch-Rodwin
Jill Bond, Esq.
Diane Bosse, Esq.
John Brady
Chris Brechtel, Esq.
Lauren E. Breen, Esq.
Briarwood Manor Inc.
John Brill, Esq.
Michelle Brown, Esq.
T. Alan Brown, Esq.
Maria Brown
Thomas Brydges, Esq.
Buffalo Bandits
Buffalo Law Journal
Buffalo Urban League
Dominic Candino, Esq.
Kathleen Carmody, Esq.
CCCS of Buffalo, Inc.
Canterbury Woods
Cappelli’s, Orchard Park, NY
Alan Carrel, Esq.
Jerome Carrel, Esq.
Patricia Carrington, Esq.
Hon. Kevin Carter
Joe Cavan, Esq.
Marilyn Cedrone
Cellino & Barnes
Philip Celniker, Esq.
Certo Brothers Distributing
Paul Cesana – Resource Center
Chateau Buffalo
Chiacchia & Fleming LLP
Chiari & Ilecki LLP
Elizabeth Ciambrone, Esq.
Robert Ciesielski, Esq.
Paula Ciprich, Esq.
Sanford Clark, Esq.
Clark & Whipple
Lynn Clarke, Esq.
Joyce Clarke
Frederick Cohen, Esq.
Maura Cohen
Cohen & Lombardo, PC
Michael Collins
William B. Collins, Esq.
Cornelius Collins, Esq.
Collucci & Gallaher, P.C.
Robert Conklin, Esq.
Mary Anne Connell, Esq.
Joseph Connelly, Esq.
Betty Connolly
Shawn Connolly
Peter Costa, Esq.
George Cownie, Esq.
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Paul Crapsi, Esq.
Crisis Services
Treneeka Cusack,Esq.
Victoria D’Angelo, Esq.
DamonMorey LLP
Denise J. Daniels
Joel Daniels, Esq.
Barbara Davies
Mark Della Posta, Esq.
Delta Sonic
Ann Demopoulos, Esq.
Dicerbo & Palumbo
Dick’s Sporting Goods
Sheila Dickinson, Esq.
Daniel Dillon, Esq.
Paul Dimoh, Esq.
Ilio DiPaolo’s Restaurant
Alan Donatelli, Esq.
John W. Dorn, Esq.
John Drexelius, Esq.
Joshua Dubs, Esq.
Sarah Duval, Esq.
Thadeus Dziekonski, Jr.,Esq.
Gayle L. Eagan, Esq.
James Eagan
Eaton Office Products
John Edick
Susan Egloff, Esq.
Elder Care Solutions of WNY, LLC
John Elliott, Esq.
Patrick Emmerling, Esq.
Catherine Emmerling
Robert S. Esposito
Randy Fahs, Esq.
Frank Falzone, Esq.
Family Choice of New York
Thomas Farley, Esq.
Wendy Fechter, Esq.
Feldman Kieffer LLP
Fera’s
John Feroleto, Esq.
Hon. Paula Feroleto
Helen Ferraro-Zaffram, Esq.
Robert J. Fluskey, Jr., Esq.
Robert W. Frangooles, Esq.
Howard Frank, Esq.
Linda Frank
Fleet Feet
Brenda Freedman, Esq.
Dr. Jack Freer
Kenneth Friedman, Esq.
Jeffrey Fuchs, Esq.
Gary Gaffney, Esq.
Thomas Gaffney, Esq.
Sarah Galvan, Esq.
Jeffrey Gangi
GAR Associates
William Gardner, Esq
Henry Gartner, Esq.
Joseph Gerace, Esq.
Mary Gerace
Arthur Giacalone, Esq.
Kevin Gibbons, Esq.
Gibson, McAskill & Crosby, LLP
Gino & Joe’s
Eric Glazer, Esq.
Howard Gondree, Esq.
Lillian Gondree
Richard Gordon, Esq.
Gerald Gorman, Esq.
Garry Graber, Esq.
Leslie Greenbaum, Esq.
Alvin Greene, Esq.
Richard Griffin, Esq.
Jane Griffin
Mara Gruber
Mark Gruber, Esq.
Senator Mark Grisanti
Frederick Gugino, Esq.
Gurney Becker & Bourne
Jacqueline Gurney, Esq.
Rita M. Hamilton
Hamberger & Weiss
Jeffrey Harrington, Esq.
Hamp Funeral Home
Harter Secrest & Emery LLP
Donna Haslinger, Esq.
Richard Haslinger
Paul Hassett, Esq.
Thomas E. Hayduk
Nan Haynes, Esq.
Richard Haynes, Esq.
Robert Heary, Esq.
Valerie Heary
Heffernan & Sweet
Franklin Heller, Esq.
Barbara Heller
Thomas Hewner, Esq.
Sharon Hewner
George Hezel, Esq.
Sally Hezel, Esq.
Andres Hilton, Esq.
Hiscock & Barclay
Marilyn Hochfield, Esq.
Hodgson Russ LLP
Mark Hoffman – Specialty CFO, LLC
HoganWillig, PLLC
Corey Hogan, Esq.
Susan Hogan, Esq.
Home Instead Senior Care
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David Hoover, Esq.
Barbara Hoover
Timothy Hoover, Esq.
John Horn, Esq.
Thomas Hurley, Esq
Hurwitz & Fine
Thomas Hyde, Esq.
Martha Hyde
Regan Ihde, Esq.
Imperial Pizza
Independent Health
Irish Classical Theatre
Paul Isaac, J.D.
Jaeckle Fleischmann & Mugel, LLP
James L. Jarvis, Jr., Esq.
Jensen Marks Langer & Vance LLC
Michaelene Jeziorowski
Timothy Johnson, Esq.
Alice Joseffer, Esq.
Todd Joseph, Esq.
Gary Kanaley, Esq.
Kathy Kanaley
James Kane, Esq.
Kristie Kantor, Esq.
Tracey Kassman, Esq.
Kavinoky Cook LLP
E. Richard Kaye
Thomas Keable, Esq.
Kevin Kearney, Esq.
Josh Keats
Thomas Keefe, Esq.
Tom Keefe, Jr.
Kenney, Shelton, Liptak & Nowak
David Kernan, Esq.
Joan Kernan
Hon. Mary Ann Killeen
Thomas Kirkpatrick, Esq.
Peter Klein, Esq.
Karl Kristoff, Esq.
Judith Kristoff
Eleanor Kubiniec, Esq.
Paul Kullman, Esq.
John Lane, Esq.
Robert J. Lane, Jr., Esq.
Sarah Lane, Esq.
Frederick Lang, Esq.
Thomas Lang, Esq.
Laping, Surdej Associates
Toby Laping, PhD
Courtland Lavallee, Esq.
Lawley Service Insurance, LLC
Legal Med
Richard Lipsitz
Lipsitz & Ponterio
Richard Lipsitz, Esq.
Sally Logan, Esq.
Thomas Lokken, Esq.
Bradley Loliger
Lombardo Funeral Home
Mary Ellen Loncto
Sam Losi, Esq.
The M & T Charitable Foundation
Anna Mack, Esq.
James L. Magavern, Esq.
Magavern Magavern Grimm LLP
Main Seneca Corportion
Sam Maislin, Esq.
Anthony Mancinelli, Esq.
Giles Manias, Esq.
Jeffrey Mannillo, Esq.
H. Jeffrey Marcus, Esq.
Edward Markarian, Esq.
Hon. Frederick J. Marshall
Karen Mathews, Esq.
Brenda Mattar, Esq.
Robert Marinelli, Esq.
Karen McCafferty, Esq.
Amanda F. McCormick
Athena McCrory, Esq.
Kathleen McDonough
Lisa McDougall, Esq.
Philip McIntyre, Esq.
William McLaughlin, Esq.
Kathleen McMahon-Stoll
Medtronic Foundation
Robert & Elizabeth Meiss
Mentholatum Company
Hon. Ann Mikoll
James Milbrandt, Esq.
Milestone, LLC
Elizabeth Miranda, Esq.
Ralph Miranda – Elder Care Solutions
Francine Modica, Esq.
Kathleen Molloy, Esq.
Maryanna Moskal, Esq.
John Mosychuk, Esq.
National Fuel
Gayle Murphy,Esq.
David Murray, Esq.
Thomas Nelson, Esq.
Robert B. Nichols, Esq.
Karen L. Nicolson, Esq.
Edward Northwood, Esq.
Hon. Henry Nowak
Barbara Nuchereno, Esq.
Bridget O’Connell, Esq.
Hon. John O’Donnell
Randall Odza, Esq.
Rita Odza
Francis Offerman, Esq.
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Office Max Business Solutions
Timothy O’Mara, Esq.
Randolph Oppenheimer, Esq.
Patrick O’Reilly, Esq.
Vicki O’Reilly
Paul Pearson, Esq.
Michael Olear, MJ Peterson
Victor Oliveri, Esq.
Timothy O’Mara, Esq.
Randolph Oppenheimer, Esq.
Ronald and Marie Panzarello
Gerald Paradise III, Esq.
Paramount Settlement Planning, LLC
Thomas Paras, Esq.
James Parker, Esq.
Rev. Dorothy Pearman
Paul D. Pearson, Esq.
Arc J. Petricca, Esq.
People Inc.
Mark Perla, Esq.
Philip Perna, Esq. Tops Niagara
Personius Melber LLP
Arc J. Petricca, Esq.
People Inc.
Rodney Personius, Esq.
Pfalzgraf Beinhauer & Menzies LLP
Tom Phan/McGuire Group
Phillips Lytle LLP
Christen Archer Pierrot, Esq.
Steven Piver
Susan Piver, Esq.
Judy Piwowar
Ron Plesh
Plesh Contract Packaging
Aaron Polanski/McGuire Group
Patricia Potts, Esq.
Theodore Pyrak, Esq.
Kevin Quinn, Esq.
Rapid Ray’s
Bonnie Redder
Robert Reden, Esq.
Jack Reich
Shari Jo Reich, Esq.
Paul Reid, Esq.
Michael Reilly, Esq.
Bruce Reinoso, Esq.
The Resource Center
Rich Products
Bob Richardson
George Riedel, Esq.
Barbara Riedel
Stephanie Robb
Lori Roman, Esq.
Amy Rosen-Brand
Howard Rosenhoch, Esq.
Valerie Rosenhoch
Richard Rosso, Esq.
Steven Rubinstein, Esq.
Susan Rubinstein
Rupp,Baase, Pfalzgraf, Cunningham & Coppolla
Arthur Russ, Jr., Esq.
Richard Russo, Esq.
Michael Ryan, Esq.
Joseph F. Saeli, Jr., Esq.
Nancy Saia, Esq.
Melinda Saran, Esq.
Barbara Sauer, Esq.
Bernard Schenkler, Esq.
Geralyn Schiffler, Esq.
James Schmit, Esq.
Elizabeth Schmit
David Schopp, Esq.
Anthony Schug
Keith Schulefand, Esq.
James Schultz, Esq.
Robert Scumaci, Esq.
Joseph V. Sedita, Esq.
E. Michael Semple, Esq.
Michael Shannon, Esq.
David Shapiro, Esq.
James Shaw, Esq.
Shaw & Shaw
Nancy Sheehan, Esq.
Jerry Sheehan, Synchronet Industries, Inc.
Richard Sherwood, Esq.
Daniel Shonn, Esq.
Myron Siegel, Esq.
Harvey Siegel, Esq.
Robert Sillars, Esq.
David Silverberg, Esq.
Anita Smith
Benjamin & Caitlin Smith
Carrie Smith, Esq.
Jamie M. Smith, Esq.
Thomas Smith, Esq.
Eugene Smolka, Esq.
James Smyton, Esq.
Patricia Smyton
Edward Snyder, Esq.
Arnold Soeder, Esq.
Catherine Soeder
Jeffrey Spencer, Esq.
Mark Spitler, Esq.
Madonna Spitler
Ruth Spivack
Joseph Stadler, Esq.
David Starkey, Esq.
Jennifer Stergion, Esq.
Michele Sterlace-Accorsi, Esq.
Richard Steinberg
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Douglas Stiller, Esq.
Roger Stone, Esq.
David Sweet, Esq.
Brenda Symans
Margaret Talboys
Teamsters Local Union #264
Susan Tobe, Esq.
Liza Tomnaney
Hon. Sharon Townsend
Denise Tripi, Esq.
Thomas Troy, Esq.
Try-it Distributing Co., Inc.
Lana Tupchik, Esq.
Christopher Turher
Wendy Tuttle, Esq.
UB Law Alumni Association
Carlton A. Ullrich Funeral Home
Denis Uminski, Esq.
Cynthia Vance, Esq.
Phillip Vance
Peter Vasilion, Esq.
Judith Voit, Esq.
Virgil Avenue Tobacconist
Matthew Wagner, Esq.
Paula Wagner
Norman Walawender, Esq.
Patrick Walh
WBASNY – WNY Chapter
John Walker – Family Choice
Mark Walling, Esq.
Walsh Duffield Companies
Walsh, Roberts & Grace
Thomas Ward, Esq.
Webb’s
Daniel Webster, Esq.
Lester H. Wedekindt, Inc. Funeral Home
John Weinholtz, Esq., Nixon Peabody
Steven Weiss, Esq.
Ellen Weiss, Esq.
Robert Weissflash, Esq.
Brian Welch PLLC
West Herr Automotive Group
Catherine T. Wettlaufer, Esq.
Justin White, Esq.
Tom & Carol Wiktorski
Ann C. Williams, Esq.
Furnette Williams
Wayne Wishbaum, Esq.
Melissa Woods
Laurence Woodward, Esq.
Jane Woodward
Robert L. Zaffram
Marilyn Zahm, Esq.
Robert Zahm
Joseph Zdarsky, Esq.
Patricia Zdarsky
Benjamin Zuffranieri, Esq.
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. In 2012 we
received 1,747 hours of free law student services and Professor Szczygiel donated another
975.50 hours of his own time.
Community Involvement
Our staff continues to be in demand as community leaders. All of our staff
attorneys are members of both the New York State Bar Association and the Erie County
Bar Association. Staff members are on multiple local committees including: Erie County
Coalition on Hording, Erie County Elder Abuse Council and Coalition against Family
Violence. This year, Helen-Ferraro-Zaffram received the Dr. Evan Calkins Meritorious
Service Award from the Network in Aging.
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In addition several of our staff has taken leadership roles in particular areas of our
profession. Kathy Kanaley chairs the Erie County Elder Abuse Committee and is the
President of the Kenmore Zonta Club, sits on the board of the Kenton Meals on Wheels,
and sits on the Kenmore Mercy Ethics committee. Helen Ferraro-Zaffram is on the Board
of the National Guardianship Association, sits on the Erie County Medical Center Ethics
Committee and is the Erie County Bar Association’s liaison to the Medical–Legal
Partnership. Karen Nicolson is currently on the New York State Bar Association
Committee on Legal Aid and the Governor’s Advisory Committee on Aging. She is also
on the LawHelp NY editorial board for senior issues. Dave Shapiro is the Chairman of
The Bar Association of Erie County’s Lawyers Helping Lawyers Committee and the New
York State Bar Association’s Lawyers Assistance Program Committee. Bill Berry sits on
the Board of HOME (Housing Opportunities Made Equal) and the Massachusetts Institute
of Technology’s Educational Council. Sarah Galvan is a founding member of HOUSE
(Housing Organizations United to Serve Effectively) and NACA (National Association of
Consumer Advocates). Our newest attorney, Sarah Duval, is the chair of the Council on
Elder Abuse’s Elder Shelter Committee.
Once again, our staff is in demand as experts in elder law and we presented at 42
separate trainings this year assisting approximately 1,340 individuals. In addition the
Council on Elder Abuse, which we chair did an additional 35 SAFE (Safety Awareness
for the Elderly) presentations to an additional 1,240 seniors. The Council also distributed
3,000 SAFE brochures with project partner Meals on Wheels.
CONTRACTS/AREAS OF PRACTICE
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. In 2012 we had approximately 30 separate funding sources and
an operating budget of 1.5 million dollars. However, Erie County Senior Services
continues to be a core funding source, providing us with $ 382,000 through several grants
in 2012.
Health care issues continue to be a major source of concern for our clients.
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.
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We represented a 90-year-old gentleman whose wife had to apply for
Medicaid. They had help from the caseworker who provided all pertinent
paperwork for the application. While the husband could keep all their
income if his wife was in a nursing home, he was told that he could not keep
all her income if she was in community care. Although the wife was
approved, Social Services counsel brought support proceeding against the
spouse. We were able to prove to counsel that Mr. did not have excess
income or resources and the case was dismissed by the Support Magistrate.
Mrs. P. is a 69-year-old disabled client who has come to us several times
over the years with denials from Medicaid medical transportation. She
called us days before her latest denial, which would have resulted in her
inability to see a host of different doctors. We requested a fair hearing and
obtained aid continuing on her behalf, so that she would not lose her
services during our appeal. DSS reinstated services without the need to go
forward with the hearing.
Mrs. W., 77-years-old, went to a chiropractor on the advice of her doctor
and to avoid back surgery. The doctor never informed her that the visits
would not be covered by Medicare. The client went for several months
before she was told that she would be wholly responsible for the bills. Our
client was unable to afford this bill on her limited retirement income.
Medicare regulations require that the patient be informed about noncoverage before beginning treatment, so that they can decide if they can
afford to go forward with the therapy. We appealed the Medicare decision
and the client was held to be not responsible for the bill.
Relatives= Rights Project
Erie County chooses to use a portion of their Title III-E Older Americans Act
funds to specifically provide legal services to relatives raising minor children. Erie County
saw the need for these services early on and we have collaborated with them to provide
legal services to 1,031 kinship families since inception of the project.
In the most recent census, it is estimated that 12,662 grandparents live with their
grandchildren in Erie County and, of those, 5,770 are primarily responsible for these
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children (http://factfinder.census.gov). The goal of our 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. 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. 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.
Grandfather and Grandmother lived way in the country and had a
daughter with a lot of personal issues. One grandchild’s father is in prison
because he beat her so badly as a baby that she nearly died. She was
residing with her grandparents while two younger siblings were living with
the mother at a homeless shelter in Buffalo
Prisoner father got the idea that he should have immediate visitation
with his daughter and sent a series of threatening letters to the
grandparents. We provided legal representation at the trial level as well as
defending Grandparents in the appeal later brought on by the father.
At the same time, the grandparents became alarmed at mother’s
living situation. An informal agreement was reached wherein the children
would reside with the grandparents but grandpa had to make a thirty mile
drive twice a day to keep the children in the Buffalo schools. We provided
legal representation to award grandparents joint custody permitting them to
enroll the grandchildren in their local school district and give the children
needed stability.
Elder Abuse
Erie County has had a coordinated, multi-disciplinary approach to elder abuse since
1989 when our Council on Elder Abuse was a committee under the Coordinating Council
to prevent family violence. In 2009, the council was reinvigorated due to the receipt of
two grants from the U.S. Department of Justice Abuse in Later Life Program. Starting in
2012, we were fortunate to have received funding from the New York State Department of
Criminal Justice Services (DCJS) to continue our critical work in this area, which allowed
us to hire, for the first time, an attorney completely dedicated to elder abuse prevention.
We met our targets on the federal grants by training 600 police officers and an
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additional 200 judges, lawyers, victims’ services advocates, health care workers and other
professionals. We also conducted an exhaustive needs survey to identify gaps in services.
We interviewed (in-person) several victims, members of the Council on Elder Abuse
Steering Committee and seven judges. In addition we had a focus group with
representatives of most of the organizations in the system and an electronic survey which
was sent to both the Erie County Coalition against Family Violence and the Council on
Elder Abuse.
We now have 80 members on the Council and our monthly meetings usually have
between 20-30 participants. Our collaborative team includes -- local social services,
senior services, health, financial planners, Crisis Services, The Family Justice Center and
others. At meetings participants discuss cases and share multi-disciplinary approaches to
those cases. Finally, the council serves as a clearinghouse for proposed legislative
changes, both locally, statewide and nation-wide.
Our client is a woman in her 80s, and faced discharge from a local
nursing home due to inability to pay. She had previously resided in Florida,
and was not eligible for Medicaid due to two large checks, for $190,000 and
$129,000 that she wrote to her son. She had no recollection of writing out
the checks. Through research in the public records in Florida, a review of
her medical records from her time in Florida, and examination of the
checks, we determined that she had been financially exploited by her son for
at least $320,000. Our client had been diagnosed with early dementia and
was bedridden and ill and wholly dependent on her abuser son for
assistance. We contacted detectives in Florida and forwarded the results of
our investigation. As a result, the son has been charged with financial
exploitation of the elderly of $100,000 or more, a first degree felony in
Florida. In addition, our client has remained in the nursing home and her
mental, physical, and emotional health continues to improve.
Funding from New York State DCJS has enabled us to design and implement a
website (council on elderabuse.com), and print thousands of brochures and calendars. The
Council on Elder Abuse, which we chair, did 35 SAFE (Safety Awareness for the Elderly)
presentations to 1,240 seniors and distributed 3,000 SAFE brochures with project partner
Meals on Wheels. In addition, we designed a magnet with the “red flags” of financial
elder abuse. It was designed with input from bank tellers and is small enough to be placed
on each teller’s computer workstations.
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Cattaraugus County
We continued our decades-long partnership with the Cattaraugus County
Department of the Aging in 2012. Staff attorney, Bill Berry, made monthly visits to the
county in order to visit clients, conduct intake, and appear in court. During the calendar
year, Bill opened 46 new cases for the County. In addition, we provided additional
services to County residents in the area of Medicare Prescription Drug coverage through a
State Office for the Aging grant and services on consumer cases through the New York
State Office of Court Administration’s Judiciary Civil Legal Services grant. These state
funding streams allowed us to open an additional 47 new cases this year in Cattaraugus
County over and above those funded by the County, doubling the efficiency of these local
dollars.
Judiciary Civil Legal Services
Through the efforts of Chief Judge Jonathan Lippman, the New York State Unified
Court System provided civil legal services agencies with dedicated funding for services in
the four areas of law which support the “essentials of life.” This funding is vital to our
program, particularly since allocations to the counties from the Older Americans Act, our
largest single source of funding, have not increased in many years.
These funds have enabled us to start a project to prevent consumer scams aimed at
the elderly. We have had several dramatic successes this year.
Mrs. E., a 72-year-old woman, was referred to our office because she
was the victim of a telephone lottery scam. She was told by a persistent
caller that if she supplied the “lottery” company with $1,500, she would
receive cash and prizes. Mrs. E. took out an advance on a credit card and
mailed money orders to an out-of state address. After mailing the funds, she
realized that she had been scammed and came to our office for help.
Through collaboration with the U.S. Postal Inspectors, we were able to
arrange for the package to be intercepted and recalled before it was
delivered to the scammer. Mrs. E. received her money orders back and we
provided information to the police and postal inspectors to assist in the
prosecution of the scammer.
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Mrs. F., a 74-year-old woman, contacted our office because she was
the victim of a debt resolution scam. The debt resolution company had been
taking over $500 a month out of her bank account and had not sent any of
the funds to her creditors. They had also arranged for her to sign a power of
attorney form, making the company her agent in all matters. We assisted
Mrs. F. with revocation of the power of attorney and arranged for the
automatic withdraws from her account to stop. We continue to assist with
recovery of her funds and have been in communication with the U.S.
Attorney’s office regarding the debt resolution company’s business
practices.
Last year, with this funding, we also started a new project to help Veterans in
Western New York. Working collaboratively with the City of Buffalo Drug Treatment
Court, we provide free civil legal services to low-income Veterans of any age who appear
in front of Judge Russell. We have a close relationship with the volunteer mentors (all
former service members) and we are in the courtroom every Tuesday to take referrals from
the mentors and the Court. By handling these civil matters for our returning veterans, we
enable them to concentrate on their treatment and recovery.
Housing
The goal of our housing program is to help our clients avoid homelessness by
defending them in evictions (private, public and facility), tax and mortgage foreclosures
and predatory lending schemes. Due to the availability of state grants, our mortgage
foreclosure program is now open to low income homeowners of any age. In addition, we
handle evictions in the City of Buffalo for indigent persons over age 55 and elderly
homeowners in the City of Buffalo faced with housing code violations. 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 elderly client was being evicted from a Buffalo Municipal
Housing Authority apartment where he had lived for many years. Due to
his mental health diagnosis, he had been engaging in what the management
categorized as bizarre and threatening behavior. We were able to negotiate
a settlement whereby our client had to remain incident free for six months
and then the eviction would be dropped. He did and the eviction was
dismissed.
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Several years ago, we started a project to combat mortgage foreclosure and
predatory lending in Erie County for homeowners of any age. Over the years, we
expanded the project to include the additional counties of Niagara, Wyoming, and
Orleans. The problems of vacancy and abandonment cause home values to decrease and
result in increased crime and overall blight, particularly in neighborhoods in older sections
of Buffalo and Niagara Falls.
This project also helps reduce the burden on the courts by partnering with the court
system, as New York’s foreclosure statute has placed additional requirements on our court
system to hold mandatory settlement conferences in every mortgage foreclosure in New
York. Our local project partners include the Legal Aid Bureau, The Western New York
Law Center, Belmont Shelter Corporation and West Side Neighborhood Housing.
Through our joint efforts we ensure that every homeowner who arrives in court in Erie,
Orleans and Niagara Counties for a foreclosure settlement conference gets to speak to a
lawyer. This project is made possible through funding by the New York State Attorney
General’s Homeowner Protection Program.
Mrs. J. is dealing with serious health problems in her old age, but
when her house was damaged by water from broken pipes she had more
than she could handle. The damage caused her to temporarily re-locate to
a motel, and combined with other expenses, she missed mortgage payments
and a foreclosure was filed against her. Meanwhile, the bank’s inspector
found no one home and the bank sent contractors to change the locks and
maintain the property. Through litigation, we obtained an injunction
preventing the bank’s contractors from entering her house and an order
that prevented the bank from charging her the costs of the property
maintenance. The court also canceled six months of interest on the loan.
Through negotiations we obtained a loan modification that reduced her
interest rate, lowered her payment, and ended the foreclosure. Her house is
now fixed and she is living there with an affordable mortgage.
New York State Office for the Aging
The majority of our funding from Erie County is passed through the New York
State Office for the Aging Act, which consists of federal Older Americans Act dollars.
However, we receive several small grants funded with state dollars through the New
York State Office of the Aging. One of those grants is a subcontract with our state
wide partner, the Empire Justice Center, to do Medicare Part D and health care
advocacy for clients.
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Our elderly client and her husband lived in the City of Lackawanna. She
needed Medicaid to continue to live at home, but he needed his income to
keep the household going. DSS wrongly told him that he could not keep his
income and denied her Medicaid. We got DSS to overturn their erroneous
decision without the need for a fair hearing. Without our intervention, he
was faced with the choice of keeping her home with him, or putting her in
an institution so that he could pay his bills.
Niagara County
Although Niagara County subcontracts with a private attorney to provide civil legal
services with their Older Americans Act funding, we are able to leverage state funding to
provide services to Niagara County residents in the areas of mortgage foreclosure, financial
scams targeting the elderly and Medicare Part D appeals. Our foreclosure work in the
county is supported by the Attorney General’s Homeowner Protection Program.
Mr. and Mrs. W. spent their lives building a successful business until
the recession took them under. After missing a few mortgage payments,
they were in foreclosure. We represented them in settlement conferences,
where the bank refused to consider them for a loan modification, even
though we proved it was affordable. We filed a motion claiming the bank
failed to negotiate in good faith. The judge granted our motion denying the
bank the right to collect approximately $6,000 of fees, costs, and interest
and also ordered them to review the mortgage for a modification consistent
with industry standards. The foreclosure is now over and our clients
remain in their home today with an affordable, modified mortgage.
IOLA
LSED is a charter member of the Interest on Lawyers 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 2012, 38% of our clients identified themselves
as not Caucasian. In 1999, only 26% of our clients self-identified as non-white.
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IOLA funding allows us to supplement the services we offer in the rural
communities, where the need is high, but the county resources are very limited.
Our 66-year-old disabled client with advanced Parkinson, dementia and
tremors was hospitalized at a local hospital. His medical condition and
psychiatric issues made him difficult to place in long-term care. The
hospital told his elderly wife that she had only 2 choices. She could take
him home, but he would receive only 2 hours of home care per day, or they
were going to ship him out-of-state to Massachusetts. She had four days to
make her decision. After we advocated strenuously on his behalf, they
changed his medications (making him easier to care for) and he is now
going to the VA nursing home in Batavia, closer to her rural home where
she can visit him.
Pooled Trust and Guardian Department
Our Pooled Trust and Guardian Department is not supported by governmental
funding and therefore, our ability to take cases is dependent upon the fees that we charge
to the disabled individuals who utilize these services.
In 2004 our office collaborated with People Inc. and Key Bank to start the first
local Pooled Supplemental Needs Trust. 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. Trust money can be used to purchase such things as purchasing a
wheelchair van, paying for a vacation, or obtaining additional medical care not covered by
public benefits. In addition, low-income disabled persons on Medicaid can put their
monthly “spend-down” (“excess income over $792) into the trust, rather than sending it
over to the Department of Social Services each month. In this way, disabled persons can
actually get out of poverty, and still retain their critically important health care benefits.
The trust and the application packet are available for download on our website
www.lsed.org.
As a result of our work in Elder Abuse prevention, we are often asked by the court
to serve as Article 81 Guardians for seniors who have been victimized. As Guardian we
must fight to get assets returned, apply for all public benefits, advocate for the correct
placement and medical decisions and strive to help our clients remain as independent as
possible in the least restrictive setting. At any one time we have approximately 100 people
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for whom we bear this responsibility, 35-40% of whom can give us little to no
reimbursement for our services.
This year, the court asked us to become Guardian for three sisters
with dementia. It was determined by the court that they could no longer live
independently. Although it was difficult, we were able to keep them
together, as they had spent their entire lives sharing a home. They now
share a big room, all together, and we were able to take over their finances
and apply for necessary benefits. They have adjusted well to the skilled
facility and do everything together.
A gentleman was living out of his vehicle and could not remember
much about the recent past when he was brought to the hospital. He
required 24-hour care and as a result of dementia, it was determined that he
could not live independently. The hospital brought a Petition and the Judge
appointed us as guardian, but we had very little information to go on. Upon
hospital admission, he did have a Major League baseball ring and slowly
we uncovered his interesting past as a Major League scout. During the
hospitalization, however, his ring was lost. On his own initiative, the
appointing Judge contacted the professional organization and was able to
get him a duplicate ring, which he cherishes.
Conclusion
Although Older Americans Act funding has remained virtually stagnant for the last
two decades, we continued to expand our services this year due to funding from New York
State and our own increased fundraising efforts. Funding from the Office of Court
Administration, the New York State Attorney General’s Office, and the New York State
Office for the Aging and IOLA has increased in importance, as our counties are struggling
with tighter and tighter budgets. In addition, LSED works hard to locate new sources of
funding to meet the ever demand need for our services. At LSED we understand that civil
attorneys are critical to the administration of justice.
As Chief Judge Jonathan Lippman said in his May 3, 2010 LawDay remarks:
“In March 2013, we will reach the 50th anniversary of the Supreme
Court's decision in Gideon v. Wainwright. By then, it is my fervent hope,
first, that it will be an obvious truth to all that those litigants faced with
losing the roof over their heads, suffering the breakup of their families,
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or having their very livelihood threatened cannot meaningfully pursue
their rights in the courts of New York without legal counsel -- and
second, that it will be equally obvious that we together will have taken
major steps forward in providing such representation to those who need
it most, making equal justice for all not just an ideal, but truly a reality in
our great State.”
Staff
Karen L. Nicolson, Esq. Chief Executive Officer
William W. Berry, Esq., Supervising Attorney
Helen Ferraro-Zaffram, Esq., Staff Attorney
Sarah J. Duval, Esq., Staff Attorney
Sarah R. Galvan, Esq., Staff Attorney
Kevin Quinn, Esq.
David A. Shapiro, Esq.
Daniel F. Webster, Esq., Staff Attorney
Anthony Szczygiel, Esq., Clinic Professor
Susan C. Cryan, Staff Paralegal
Thomas E. Hayduk, Staff Paralegal
Cheryl Kostrewa, Staff Paralegal
Brenda A. Symans, Staff Paralegal
Furnette Williams, Staff Paralegal
Melissa Woods, Staff Paralegal
Bradley S. Loliger, BSW, Social Worker
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Kathleen M. Kanaley, BSW, Social Worker
Michaelene Jeziorowski, Office Manager
Mary Abousaid, Guardianship Account Manager
Robert S. Esposito, Administrative Assistant
Mary Ellen Loncto, Secretary
Judy Piwowar, Secretary
Autumn Popovec, Receptionist
Betty Connolly, Clerical
2012 Board of Directors
Bruce D. Reinoso, Esq., President
Robert Meiss, Vice President
Randolph C. Oppenheimer, Vice President
Michele Sterlace-Accorsi, Vice President
Pat Walh, Vice President
John C. Brady,III, Treasurer
David J. Starkey, Esq., Secretary
Directors
Jill K. Bond, Esq.
Treneeka Cusack, Esq.
Garry M. Graber, Esq.
Nan L. Haynes, Esq.
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James P. Milbrand, Esq.
Gayle T. Murphy, Esq.
Timothy O=Mara, Esq..
Jamie Smith, Esq.
Cynthia E. Vance, Esq.
Honorary Board Members
Elizabeth G. Clark, Esq.
Gayle L. Eagan, Esq.
Richard F. Griffin, Esq.
Thomas F. Keefe, Esq.
Giles P. Manias, Esq.
Robert L. Marinelli, Esq.
Hortense B. Nash
Frederic Paul Norton, Esq.
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