Legal Issue Spotting for Information and Referral Specialists

1
Legal Issue Spotting for Information and
Referral Specialists

• David Godfrey
• Senior Attorney
• American Bar Association
• Commission on Law and Aging
• Godfreyd_at_staff.abanet.org

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Getting to Know You

• Name
• Program
• From
• Work
• Something we would never know about you if you
  didnt tell us

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Why Legal Issue Spotting

• Holistic view of client services
• It takes a village to help a client
• Integrated point of entry
• One stop shop
• Integrated referral networks

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Why Legal Issue Spotting

• Treating the cause rather then the symptoms
• Many non-legal problems are caused by underlying
  issues with legal solutions
• Many legal problems are not obvious
• Many people are reluctant to admit that they have
  legal problems
• A pattern of problems may lead to a legal problem
  with access to services and systems

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No Man Is An Island

• No one discipline has all of the answers
• Build referral networks for better client service
  
• Diverse services
• In house
• Referral networks
• Formal
• Informal

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Objectives

• Develop the ability to identify obvious and
  hidden legal issues
• Be able to identify underlying issues
• Learn the basics of classifying legal issues for
  appropriate referral

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Objectives (cont.)

• Classify the urgency of situation/when legal
  deadlines are relevant
• Understand the difference between legal advice
  and legal information and why the distinction is
  important

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Youve got to help me!Role play
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The easy calls

• I need to talk to a lawyer
• The other parent wont allow me to see my child
• I need a divorce
• I need a Will and power of attorney
• I have been hurt
• I am being sued
• I have been arrested
• Im being evicted

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Are there any easy calls?

• Self identified legal problem
• Screen for
• Legal or non-legal
• Urgency/Legal deadlines
• Other non-legal needs and services
• Mental Health issues
• Eligibility for public or other benefits
• Classify for appropriate referral

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Looking for Underlying Causes

• Social or health care problems that are being
  caused or aggravated by an underlying legal
  problem
• Model medical legal partnerships

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Medical Legal Roots

• Example
• Chronic ear infections
• Landlord providing intermittent heat in winter
• Fix the heat problem and the ear infections
  become less frequent

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Non-Medical Example

• Caller needs help with food or paying utility
  bills.
• Standard solution is to connect with food or
  utility assistance
• Holistic approach is to look for a underlying or
  a systemic issue

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Look for problems with

• Income
• Exploitation
• Abuse
• Living conditions
• Debts
• That complicate or aggravate health problems or
  interfere with independence and quality of life

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Systemic Issues

• System wide pattern or practice that results in
  impairment of legal rights
• Unfairly denying access to benefits
• Interpretation of law or rules
• Office or service access issues
• Illegal discrimination

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Possible Systemic Causes

• Look for patterns of problems
• Landlords
• Courts
• Agencies (public and private social services)
• Individuals
• Consistently wrong answers
• Denial of service
• Unmet need
• Disparate Treatment

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What are we seeking

• Policy change
• Management
• Project development
• Regulations and statutes
• Community initiative
• Faith and community based organizations
• Class action

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Case Studies

• Small Groups
• Only one case per group
• 15 minutes in small groups
• Answer the questions at the end and any comments
• Select a spokesperson to report

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Looking for hidden issues

• Problems come in clusters
• People seek help for the most recent or most
  pressing problem

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Screening Questions

• Income
• Assets
• What are they spending their money on
• Detail is important
• Changes in personal and household income
• Changes in family status
• Ask about at debts mortgage issues

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Why Money?

• Are they entitled to
• Income
• Benefits
• Assistance
• Are they being exploited?

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Income ScreeningMay be entitled to benefits

• SSI (disabled and household income below limits)
• Single 674 Couple 1011
• Minimal savings
• SSDI (past work history, recently became
  permanently and totally unable to work)
• Under age 62
• Must have worked in covered employment
• Rules have changed on how long they must have
  worked
• And
• How recently they must have worked

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• Child Support (biological parent not living with
  child)
• Minor child in home
• Uncollected past support
• Medicare Savings Plans (QMB, SLMB) (income and
  assets)
• 866.67/ 1,166.67
• 1,040 / 1,400
• Food Stamps (supplemental nutritional assistance
  Program SNAP)
• Access Florida

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• Housing assistance (various age or disability
  plus income asset limits)
• Utility Assistance (age, disability plus low
  income assets)
• Home repair (various age, disability, income and
  assets)

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Tax Exemptions

• Tax exemptions, credits, deferrals (age,
  disability)
• State law entitles you to apply for an additional
  exemption as a widow/widower. Certain specified
  medical disabilities may also qualify for an
  additional exemption.
• In addition, residents 65 and over whose adjusted
  household income is in compliance with Florida
  Law (Section 196.075) may apply for an additional
  senior's exemption.

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• Pensions
• Work history past efforts to collect
• Employers gone out of business, merged, changed
  names
• Surviving spouse
• Lost benefits (SSI, SSDI, Medicaid)
• Have benefits been terminated or reduced
• Examine the reason why they were lost or reduced

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Home Equity Conversion Mortgage

• Reverse mortgage
• At least age 62
• Significant equity in home (worth at least 1/3
  more then is owed on it)
• Counsel to assure that this is a relatively long
  term solution

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Status of applicationsHave they applied?

• No
• Are they likely to be eligible
• Do they need help applying
• Is there an underlying issue that needs to be
  resolved before they can apply
• Barriers to applying

• Yes
• What is the status
• Is there something missing
• Have they been denied
• If so why
• Might there be a legal solution to the reason for
  the denial
• Can the facts be restructured

Look for patterns of problems
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Break
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Debts

• Car loans
• Mortgages
• Default balances
• Credits cards
• Student loans
• Judgments or collections

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Can they take away my income?

• Garnishment of income
• Exemptions SSA, SSI, Federal Pensions
• Exception Debts owed to the Federal Government
• But, even then there are limits
• Bank accounts
• If they have received a notice of garnishment
  action is time critical URGENT

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Other debts issues

• Co-signed loans
• Student loans
• Car loans
• Personal loans
• Mortgages
• Debts of a deceased spouse
• What name is it in, did the deceased own anything
  at the time of death
• Term life insurance

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Should they file Bankruptcy

• Is there any other reasonable way that they can
  repay the debts?
• If not
• Would they be able to repay all debts within 5
  years?
• Or
• Lower income cancel all debts and start over
• Higher income, partial cancellation of debts
• BR exemptions are state specific and vary
  dramatically from state to state.

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Consumer styles Seeking Help

• Seek help to make good decisions to avoid
  problems
• Seek help when they have a problem
• Seek help only in a moment of crisis

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The Boy Who Cried Wolf                  There
once was a shepherd boy who was bored as he sat
on the hillside watching the village sheep. To
amuse himself he took a great breath and sang
out, "Wolf! Wolf! The Wolf is chasing the sheep!"
The villagers came running up the hill to help
the boy drive the wolf away. But when they
arrived at the top of the hill, they found no
wolf. The boy laughed at the sight of their angry
faces. "Don't cry 'wolf', shepherd boy," said
the villagers, "when there's no wolf!" They went
grumbling back down the hill. Later, the boy
sang out again, "Wolf! Wolf! The wolf is chasing
the sheep!" To his naughty delight, he watched
the villagers run up the hill to help him drive
the wolf away. When the villagers saw no wolf
they sternly said, "Save your frightened song for
when there is really something wrong! Don't cry
'wolf' when there is NO wolf!" But the boy just
grinned and watched them go grumbling down the
hill once more. Later, he saw a REAL wolf
prowling about his flock. Alarmed, he leaped to
his feet and sang out as loudly as he could,
"Wolf! Wolf!" But the villagers thought he was
trying to fool them again, and so they didn't
come. At sunset, everyone wondered why the
shepherd boy hadn't returned to the village with
their sheep. They went up the hill to find the
boy. They found him weeping. "There really was a
wolf here! The flock has scattered! I cried out,
"Wolf!" Why didn't you come?" An old man tried
to comfort the boy as they walked back to the
village. "We'll help you look for the lost sheep
in the morning," he said, putting his arm around
the youth, "Nobody believes a liar...even when he
is telling the truth!"
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Frequent Flyer Club Is the caller crying wolf?

• Dont Make Assumptions
• Listen with an open mind
• Use active listening techniques
• Ask probing questions
• Identify/test callers ultimate goal
• Use inclusive rather than exclusive mind set
  (i.e. is there some way I can help this person?)
• If necessary, use de-escalation and focusing tools

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With a Frequent Flyer Look For

• New issue that you can help with
• Change in circumstances
• Is underlying problem still unresolved
• If irresolvable, counseling
• When to fire the client

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Urgent

• If they dont get help within 24-72 hours
• The caller will lose legal rights or options
• or
• The callers health and safety are at imminent
  risk of harm

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Urgency / Emergencies

• Has recently received notice that they are being
  sued
• Has a pending court appearance, summons or
  subpoena
• Has a notice of sale or garnishment

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• Domestic Violence
• Caregiver neglect
• Self Neglect
• Physical abuse
• Active financial exploitation

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Urgency / Emergency

• Notice of discharge from health care
• Has lost case and wants to know whats next
  (limited time to appeal)
• Has a notice to vacate housing

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Urgencies (continued)

• Caller has been threatened with
• Eviction, locks changed, unable to live in
  apartment or home due to conditions
• Utilities being shut off/already off
• Benefits being reduced/informal conference
  scheduled / Medicaid, food stamps, SSI
  termination notices
• (Talk to providers about what emergency responses
  are available-document unmet need)

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Other Urgent Matters

• Unable to access essential services
• If door to door phone solicitation sale was
  made within 2-3 days (varies by state)
• If client unable to be contacted later
  safely-calling on sly, from a phone booth, etc.
• Client extremely ill and needs planning docs
  (hospice patients)
• Stopping caller from action with unintended legal
  consequences (for example transfer of assets)

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Abuse Neglect and Exploitation

• Relative/caregiver taking money
• Caller fearful of relative or caregiver
• Caller threatened with eviction because of
  condition of home
• Guardianship has been filed or is being
  considered
• Caller being urged to sign legal documents
  against will (DONT SIGN ANYTHING!)

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Red Flags

• The following are Red Flags
• Property transfers contemplated
• Suit or court papers received
• Loss of home or benefits
• Concern for safety expressed
• Credit Repair
• Home loans/short-term loans
• Home as security

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Find Out About Deadlines

• Start by reading the paperwork
• Filing an answer to a lawsuit
• Appealing an administrative decision
• Appealing a garnishment or attachment
• In home sales (check your state)
• Contesting a credit card charge (30-60 days)
• Filing a lawsuit (shortest is about 6 months)

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Time is a Factorbut not Legally Urgent

• When
• Debt collectors calling
• Caller lost job due to discrimination/non-accommod
  ation
• Caller unable to make mortgage payments
• EOB for Medicare services not received
• Unauthorized charges on accounts (ID Theft)
  (Triage advice call and send written notice to
  creditor immediately)
• Grandchildren in need of care or services
• Medicaid long term care asset issues, (Do not
  apply, spend money or transfer assets until you
  get advice)

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Not Urgent

• Wants to file a legal action
• (except statute of limitations)
• Case is pending, taking too long, tired of
  waiting
• Needs money, housing, benefits (except
  homelessness and emergency food, or
  prescriptions)
• Angry or upset with _______X________
• Something that happened many years ago with no
  recent change of circumstances

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Caller may feel urgent

• May not need immediate action
• situations that are distressing for
  client/caller, but can safely be handled when
  time permits
• Situations that involve planning
• Initial application for benefits
• Changes to current legal arrangements
• Concerns about consumer services where initial
  complaint has been made
• Bills for a deceased relative
• Cases where time is not a factor

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Difference Between Important /Urgency and Legal
Urgency

• Time is a factor but case not legally urgent
• See examples above
• Legal Urgency is
• Determined by statutes of limitation and
  procedural rules
• Where filing appeal may preserve benefits while
  case under review
• To prevent irreparable harm to client (protect
  housing, health or safety)

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Emergency Services

• Plan in advance with providers
• Know the capacity of the provider
• Under promise and over deliver
• Know how to get past the gatekeeper

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Safety Plan

• Where can you send a client in crisis
• Friends
• Family
• Community resources

• Keys
• Cash / bank access
• Credit Cards
• Prescriptions
• Medical needs
• Clothes
• Transportation
• Identification
• Safe place to stay

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Intersection of Legal and Social Issues

• Legal and non-legal needs
• Intertwined
• Overlapping
• More than one answer

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Other needs and services

• What else is happening in this persons life that
  you might address?
• Be holistic
• Social
• Mental
• Physical
• Legal
• Financial

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Teasing it outSome Questions to Ask

• When did this happen?
• Timing is very important
• Have you received something from anyone? (they
  may not tell you)
• When
• Dated
• Looking for mail, notices hand delivered or left
  on door
• Are you worried about your safety?

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Questions to ask

• Is someone threatening you?
• Who, how, when in what way?
• Has there been a change in income, health care
  coverage, housing
• You are looking for a termination of reduction in
  a benefit?
• Change in family status?
• Loss of a spouse may result in loss of income
• Marriage or someone moving in to live with the
  client
• New child or child leaving home

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Other Issues to Address

• Identifying the client
• Third party callers or concerns
• On a referral who will the provider talk to
• What if both are eligible for services
• Identifying adverse parties (guardianship cases,
  public housing disputes w/other residents)

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Getting a Client Help from a Legal Provider or
Agency

• Referral/Warm handoff
• Conference call
• Let me have them call you
• Cold referral call this number for help
• Following Up
• Role Confidentiality plays for Legal Providers
• Update handoff protocol where needed

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Legal Advice and Legal Information

• Legal Information
• Not fact specific
• Definitions NOT interpretations (what the law
  says, not what it means)
• Examples of forms not which form to use
• Questions about forms-not completing them for
  someone
• How court works- what is involved-not how court
  will rule
• General referrals-not specific recommendations
• Anyone can distribute legal information

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Sources of Legal Information

• Senior Citizens Handbooks
• Often sponsored by bar association
• Available in most states
• Civil legal services websites
• All states have them
• Usually sponsored by Legal Services, Legal Aid or
  Pro Bono, title IIIb providers
• Low income information and usually 60 section
• Check to see when page last updated

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Legal Advice

• Legal Advice
• Is fact specific
• Involves judgment or interpretation
• Answers question of what should I do?
• Includes recommendations about legal course of
  action
• Includes performing legal research
• Leads caller to think they are being represented
  by lawyer

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Referrals

• Legal Hotline
• Understanding Legal Referral Protocols
• Understand what kinds of cases they will take
• Client eligibility rules
• Intake procedures for new clients
• What, how, when and where
• Who will they talk to
• Ways to avoid client bounce/assure help is
  received
• Share info about unmet legal needs/lack of good
  referrals

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How to network with legal service providers

• Title IIIb
• LSC
• Other non-profits
• Cross training
• Program visits
• Formal v. informal referral agreements

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Tips for working with lawyers

• Open the conversation with the legal issue
• Facts are vital
• Mental Capacity is important
• Health and social status have limited relevance
• Can only talk to one person about each legal
  situation
• If they talk to both sides, they may not be able
  to help either side
• Fighters not referees

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Public Benefits Screening tools

• http//www.dcf.state.fl.us/ess/
• www.aarp.org/quicklink
• http//www.benefitscheckup.org/
• http//www.govbenefits.gov/govbenefits_en.portal
• www.SSA.gov

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Moving forward

• Identify legal service providers
• Build relationships with them
• Learn what kinds of issues and clients they can
  help
• Collaborate on training intake and referral staff
  (using this as a starting point)
• Cross train
• Use a holistic approach

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Thank You!
There is no place like home