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Annual Report
From the Executive Director and the President… 
Karen L. Nicolson, Esq., Executive Director
As we officially close the books on 2005, we feel both gratitude and trepidation. Gratitude for the significant help we received this year from our friends in the legal and business communities. As news of our county funding cut spread, hundreds of our friends responded to our call for financial assistance. However, the future for all nonprofits is bleak. As sources of government funding diminish, more and more human services agencies must compete for a share of the private sector dollar. At the same time, we must prepare for a huge increase in demand as the first of the baby boomers age into eligibility for our services. A recent report by the federal Legal Services Corporation states that we are failing to meet 80% of the civil legal needs of low income Americans. Although we will continue to rigorously pursue private sector assistance, the need is simply too great to rely upon the kindness of individual donors. The elderly deserve a dedicated source of state funding to provide them the access to justice they deserve.
Karen L. Nicolson, Executive Director Thomas Keefe, President
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 elderly persons in Western New York. We do so by providing free legal services in those areas which generally have a significant impact on the lives of our clients. These areas include health care, housing, income maintenance, family law and protective services. LSED’s primary goal is to use the legal system to assure that older people in our community may live with dignity.
Overview of Services
LSED is a nonprofit human service agency incorporated in 1978 to provide specialized, free 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 Medicaid recipients.
Through our health care program, we seek to ensure access to adequate health care by handling appeals and questions regarding Medicaid, Medicare, private health insurance, home health care and patients’ rights. Health care issues continue to be a major area of concern for seniors; this year in particular due to the significant changes to the federal Medicare program. All of our impact litigation and nearly ¼ of our new cases involve health care disputes.
The goal of our housing program is to help our clients avoid homelessness by defending them in evictions, tax foreclosure proceedings and predatory lending schemes. We also represent elderly homeowners 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 protective services program developed as a result of the large number of calls we received about seniors with diminished mental capacity. When caseloads permit, we are available to serve as defense counsel, court-appointed guardian and court evaluator. 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.
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 the Social Security accounts of our clients, handle utility shut-offs and represent clients in appealing adverse decisions in the areas of Social Security retirement, non-disability SSI and Veterans benefits.
In 2001 we began a Grandparents’ Rights Program. 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 the Erie County Department of Senior Services 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.
Clients Served
This year LSED closed 842 cases, a decrease of 17% from 2004, directly attributed to the lay-off of an attorney this year. The vast majority of our clients reside in Erie County (84%). The attached graph provides a percentage break down of closed cases by county of residence.
Based upon the information from our closed cases, it is possible to get a picture of our client population. The typical client in 2005 was more likely to be female (74%), and disabled (59%). Forty-three percent of our clients identified themselves as belonging to a minority group, a 2% increase from the previous year. As our local population ages, our client base does as well: 55% of our clients were age 75 or older in 2005. Although the Older Americans Act prohibits us from having a strict income test, 71% of our clients identified themselves as experiencing significant financial distress.
As required by the Older Americans Act, every client receives a survey at the close of his or her case. An impressive 92% of our clients are either very satisfied or satisfied by our services and staff. The following comment is typical:
“I could offer no improvements. The staff was most superior, understanding & helpful. Mrs. Furnette Williams was wonderful to me. She eased my concerns, kept me posted & I thank God your group was there to help us.”
Funding
LSED receives the bulk of its 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. The single largest funder is the Erie County Department of Senior Services.
In 2005, LSED received another grant from the Interest on Lawyers Account (IOLA) in the amount of $95,090. 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 minimal, when pooled in an IOLA account, the income is sufficient to benefit needy persons. The IOLA fund was our second largest funding source in 2005. 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 both the Assembly Majority Democrats and Senate Majority Republicans, as well as a small budget line for civil legal services.
What is notable about our funding this past year is the increased percentage of non-governmental sources of support. Our golf tournament almost doubled in revenue and attendance this year. Foundation grants, including the IOLA grant, constituted almost 20% of our funding this year. In addition to the IOLA grant, we received a total of $48,406.13 in grants in 2005 from the following foundations:
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 each year. In addition, we use staff to handle all administration, 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 ever-increasing calls for help. This year private donations made up over 10% of our annual budget. We would like to thank the following individual donors who supported us in 2005. We apologize if we neglected to include anyone. Please call Karen Nicolson at 853-3087 if you need to make any corrections.
Abbarno, McLaughlin & Kedzielawa Abbott, Tills & Knapp, LLC Eugene P. Adams, Esq. Kenneth Africano, Esq. Peter Aiello, Esq. Donald Alessi, Esq. Mr. and Mrs. David Alexander Cheryl A. Aloi, Esq. John J. Aman, Esq. Jon P. Amershadian, Esq. Nicolas P. Amigone III, Esq. Ann Leonard Anderson, Esq. Daryl Anello Sharon Anscombe-Osgood, Esq. Claudette Antholzner Glenn & Heidi Arthurs Attea & Attea Brian F. Attea, Esq. Joseph M. Augustine, Esq. Hedwig M. Auletta, Esq. Jill Aures-Dawes, Esq. Diane Avery, Esq. Melissa A. Bader, Esq. Bagley, Lynett & Saia The Ballow Law Firm Joseph Bania, Esq. Patrick J. Bannister, Esq. Tracey A. Bannister, Esq. Janice A. Barber, Esq. Rebecca H. Baritot, Esq. The Barnes Firm Kenneth Barone, Esq. Michael Barone, Esq. Holly Baum, Esq. Leon P. Beaner James Beardsley, Esq. Peter and Christine Bellanti Catherine Beltz-Foley, Esq. Paul William Beltz PC Sheldon B. Benatovich, Esq. Thomas W. Bender, Esq. James W. Bennett, Esq. Janet Bensman, Esq. George Berbary, Esq. Jan Berg Elizabeth Bergen, Esq. Howard Berger, Esq. Ann Bermingham, Esq. Donna Berry Katherine Bestine, Esq. David Beyer, Esq. Gary Billingsley, Esq. Blesy & Associates Richard Blewett, Esq. Michael Blinkoff, Esq. Lisa Bloch-Rodwin, Esq. Alan B. Block, Esq. Edward Bloomburg, Esq. Daniel Boeck, Esq. Paul Bogdan William Bond, Esq. Robert L. Borenaz, Esq. Diane Bosse, Esq. Bouvier Partnership, LLP Jennifer D. Bowen, Esq. John Brady Brautigam & Brautigam Bryan Brockway, Esq. Harold Brody, MD Phillip Brothman, Esq. James Brown, Esq. T. Alan Brown, Esq. Chris T. Brunea, Esq. Vicky-Marie Brunette Anthony, Esq. Earl W. Brydges, Esq. Thomas Brydges, Esq. Hon. Paul Buchanan Buffalo Law Journal Toby-Lee Goldstein Bulan, Esq. James Burgio, Esq. Frank Bybel, Esq. Campbell & Shelton Capital Abstract Co. Edward Carland, Esq. James Carlo, Esq. Alan Carrel, Esq. Jerome Carrel, Esq. Patricia I. Carrington, Esq. Anthony Casilio, Esq. Thomas Cassano, Esq. Rich Catalano Joseph Catanzaro, Esq. Stephen Cavanaugh, Esq. Roland Cercone, Esq. Roy R. Cesar, Esq. Chiacchia & Fleming, LLP Linda W. Chodos, Esq. Diane K. Church, Esq. Paula Ciprich, Esq. Elizabeth G. Clark, Esq. Clark & Steiner Clark & Whipple Lynn Clarke, Esq. David A. Clemens, Esq. CMX Warehousing & Distribution LLC David Cohen, Esq. Jeremy V. Cohen, Esq. Cohen & Lombardo, P.C. Collins & Maxwell, L.L.P. William Collins, Esq. Elisabeth Colucci, Esq. Com-Doc Carol Condon, Esq. Robert B. Conklin, Esq. Robert W. Constantine, Esq. Sharon Corrigan Edward Cosgrove, Esq. Hon. Nelson Cosgrove Peter Costa, Esq. Patricia Costanzo, Esq. George Cownie, Esq. Joseph Crangle, Esq. Crestwood Health Care Center, Inc. George Crofts, Jr., Esq. John M. Curran, Esq. Hon. John T. Curran Hon. John and Jane Curtin Steven P. Curvin, Esq. Craig Cwick, Esq. Damon & Morey Victoria L. D’Angelo, Esq. Jennifer Desmond, Esq. Maura C. Desmond, Esq. Richard Deveans DiCerbo & Palumbo Richard F. DiGiacomo, Esq. Daniel Dillon, Esq. Hon. Kevin M. Dillon John W. Dorn, Esq. Christopher Doyle, Esq. Walter F. Drag, Esq. Robert B. Druar, Esq. Robert K. Duerr, Esq. Thadeus J. Dziekonski, Esq. Paula M. Eade-Newcomb, Esq. Gayle Eagan, Esq. James Eagan David M. Eberle Lynn S. Edelman, Esq. Donald Egan, Esq. Susan J. Egloff, Esq. Tracey Ehlers, Esq. Ellicott Development Company Erie County Department of Senior Services Anne C. Evans, Esq. Evans & Evans EZ Graphics Sara A. Faherty, Esq. Randy C. Fahs, Esq. Julie Falvey, Esq. Martin B. Farber, Esq. Thomas C. Farley, Esq. David A. Farmelo, Esq. Wendy K. Fechter, Esq. Joshua Feinstein, Esq. Feldman, Kieffer & Herman Fenster & Lazenski, LLC Noemi Fernandez-Hiltz, Esq. Michael Flaherty, Esq. David Floyd, Esq. Georgiana Ford, Esq. Forge Consulting Robert Frangooles, Esq. Howard Frank, Esq. Joseph G. Frazier, Esq. Jeffrey Freedman, Esq. Fred Friedman, Esq. and Fay Friedman Sandra B. Friedfertig John T. Frizzell, Esq. Fuccillo Chevrolet Thomas J. Gaffney, Esq. Pat Galley Jerry A. Gambino, Esq. GAS Associates, Inc. Henry Gartner, Esq. Eugene M. Gaughan, Esq. Frederick J. Gawronski, Esq. Hon. Joseph Gerace Joseph F. Gervase, Jr., Esq. Arthur Giacalone, Esq. Mary E, Giallanza, Esq. Mark G. Giangreco, Esq. Gibson, McAskill & Crosby Herman Ginsburg, Esq. Hon. Eric Glazer Kevin K. Gluc, Esq. Gerald Grace, Jr., Esq. William E. Grande, Esq. James R. Grasso, Esq. Greater Buffalo Savings Bank Josephine A. Greco, Esq. Cheryl A. Green, Esq. Richard F. Griffin, Esq. Frederick Gugino, Esq. Gurney, Becker & Bourne HSBC Bank Theodore Hadzi-Antich, Esq. Charles J. Hahn, Esq. Hamberger & Weiss Brendan C. Hand, Esq. Harrington & Mahoney Harris Hill Nursing Facility Paul M. Hassett, Jr., Esq. Mary Louise Hayden, Esq. David R. Hayes, Esq. Nan L. Haynes, Esq. Holly C. Hecker, Esq. Heffernan & Sweet Christian J. Henrich, Esq. Carolyn M. Henry, Esq. Daniel J. Henry, Jr., Esq. Ann W. Herman, Esq. Judy Hernandez, Esq. Thomas Hewner, Esq. George M. Hezel, Esq. Terrence P. Higgins, Esq. Andrew C. Hilton, III, Esq. Marilyn A. Hochfield, Esq. Hodgson Russ LLP J. Gregory Hoelscher, Esq. Donna Hoelscher-Suchan, Esq. Susan S. Hogan, Esq. Hogan & Willig, PLLC David A. Hoover, Esq. Timothy W. Hoover, Esq. John Horn, Esq. and Janice Horn Hurwitz & Fine Melvyn L. Hurwitz, Esq. Thomas R. Hyde, Esq. Injured Workers Pharmacy Paul Isaac, Settlement Professionals Jaeckle, Fleischmann & Mugel, LLP James L. Jarvis, Jr. William T. Jebb, II, Esq. William P. Johnson, Esq. Alice Joseffer, Esq. Todd M. Joseph, Esq. Hon. Norman Joslin Richard S. Juda, Jr., Esq. Just Like Family Ranjana D. Kadle, Esq. Michael J. Kanaley, Jr., Esq. Hon. James B. Kane, Jr. Richard D. Kaufman, Esq. Kavinoky Cook LLP Joseph W. Keefe, Esq. Thomas F. Keefe, Esq. William F. Keenan, Esq. Robert W. Keller, Esq. Kenmore Mercy Hospital Christopher Kerr, Esq. Hon. Mary Ann Killeen Peter E. Klaasesz, Esq. Kristen Klein-Wheaton, Esq. Robert A. Klump, Esq. James R. Knox Michael L. Kobiolka, Esq. John Koeppel, Esq. Peter M. Kooshoian, Esq. Rachel Kranitz, Esq. Robert Kresse, Esq. Karl W. Kristoff, Esq. Joan M. Kronman, Esq. Kevin J. Kruppa, Esq. Eleanor T. Kubiniec, Esq. Thomas Kubiniec, Esq. and Gail Kubiniec Paul W. Kullman, Esq. Thomas Kurtz Richard S. Kwieciak, Esq. Kysor & Della Posta Hon. John J. LaFalce Stephen Lamantia, Esq. and Roslyn Lamantia Land America Hon. John P. Lane Toby F. Laping Jim Latacki Courtland R. LaVallee, Esq. Robert H. Lawrence, Esq. Lawley Insurance David P. Lazenski, Esq. Richard J. Lehner, Esq. J. Michael Lennon, Esq. John Francis Leone, Esq. Francis M. Letro Attorneys at Law Daniel F. Lewandowski, Esq. Lewis & Lewis, P.C. Kathleen A. Linhardt, Esq. Martin G. Linihan, Esq. Andrew Lipkind, Esq. Lipsitz & Ponterio Richard Lipsitz, Esq. Lucian Lodestro, Esq. and Emily Sally B. Logan, Esq. Thomas Lokken, Esq. Mark Longo, Esq. Robert D. Lonski, Esq. Ralph C. Lorigo, Esq. Losi & Ganzi John T. Loss, Esq. The M&T Charitable Foundation James L. Magavern, Esq. Sam Maislin, Esq. William D. Maldovan, Esq. W. Barry Mallon, Esq. Maloney & Maloney James M. Maloy, Esq. Dale J. Manchester, Esq. Giles P. Manias, Esq. Robert Marinelli, Esq. Edward J. Markarian, Esq. John Markarian, Esq. Linda J. Marsh, Esq. Hon. Frederick Marshall Philip M. Marshall, Esq. Karen Mathews, Esq. W. Donn McCarthy, Esq. Lisa McDougall, Esq. Virginia C. McEldowney, Esq. Janet McGlone, Esq. Donald F. McKenna, Esq. Kathleen McMahon-Stoll, Esq. Aileen M. McNamara, Esq. Laurie Menzies, Esq. Hon. Ann T. Mikoll David C. Mineo, Esq. Minority Bar Association Miserendino, Celniker, Seegert & Estoff, P.C. Francine Modica, Esq. Robert A. Moeller, Esq. Albert J. Mogavero, Esq. Richard E. Moot, Esq. Michael R. Moravec, Esq. David Morgante Keith A. Morgenheim, Esq. Robert B. Moriarty Gayle T. Murphy, Esq. Sue D. Murszewski, Esq. Hortense B . Nash National Fuel George J. Navagh, Esq. Thomas W. Nelson, Esq. Network Title Agency of NY Wade Newhouse, Esq. Niagara Lutheran Health System Ilo Noble, Esq. Sharon Nosenchuck, Esq. Peter T. Notaro Field Research Barbara S. Nuchereno, Esq. O’Brien Boyd, P.C. O’Connell & McClaren Hon. John F. O’Donnell Randall M. Odza, Esq. Francis J. Offermann, Esq. Timothy O’Mara, Esq. Randolph C. Oppenheimer, Esq. Patrick O’Reilly, Esq. Mickey H. Osterreicher, Esq. Hon. William J. Ostrowski Hon. Elloeen Oughterson Jeffrey Palumbo, Esq. George R. Palz Thomas C. Pares, Esq. Michelle Parker, Esq. Mark Pearce, Esq. Paul D. Pearson, Esq. Robert Pearson, Esq. and Louanne People, Inc. Hon. Erin M. Peradotto Gregory J. Perla, Esq. Mark S. Perla, Esq. Philip A. Perna, Esq. Personius Melber LLP Paul A. Peters, Esq. Pfalzgraf, Beinhauer & Menzies Raymond Pfeiffer, Esq. John J. Phelan, Esq. Phillips Lytle LLP Judy A. Piwowar Plesh Industries Steven H. Polowitz, Esq. Daniel Polowy, Esq. and Arlene Mary Powers, Esq. Public Abstract Corp/First American Puleo & Puleo Theodore Pyrak, Esq. Michael Pysz, Esq. Lawlor F. Quinlan, Esq. Lauren D. Rachlin, Esq. Radack & Hartnett Larry Reagan Robert J. Reden, Esq. Christopher K. Reed, Esq. Shari Jo Reich, Esq. Bruce Reinoso, Esq. Aven Rennie, Esq. Rowland Richards, Esq. Samantha L. Riley, Esq. David L. Roach, Esq. Edward C. Robinson, Esq. John P. Robshaw, Jr., Esq. Mark C. Rodgers, Esq. Rodgers & Coppola Michael J. Roemer, Esq. R. Anthony Ronci, Esq. Marcella Rosinski, Esq. Arthur A. Russ, Jr., Esq. Louis and Norma Russo Maryann Saccomando-Freedman, Esq. Nancy W. Saia, Esq. Marlin B. Salmon, Esq. Sammarco, Mattacola & Sammarco, LLP Joseph Saeli, Jr., Esq. Melinda Saran, Esq. Barbara A. Sauer, Esq. Tim Sawers, Esq. Victoria J. Saxon, Esq. Barbara A. Schaus, Esq. Michael Schiavone, Esq. Geralyn A. Schiffler, Esq. Andrea Schillaci, Esq. James N. Schmit, Esq. David C. Schopp, Esq. Schroeder, Joseph & Associates, LLP James D. Schultz, Jr., Esq. Paul J. Schulz, Esq. Scott M. Schwartz, Esq. Edward J. Schwendler, Esq. Denis A. Scinta, Esq. Raymond H. Seitz, Esq. Thomas G. Sellers, Esq. Senior Residential Services, Inc. Eugene Setel, Esq. and Susan Setel Michael R. Shannon, Esq. James Shaw, Esq. James P. Shea, Esq. Kevin P. Shelby, Esq. Kimberly I. Shimomura, Esq. Don D. Shonn, Jr., Esq. Myron M. Siegel, Esq. Anne Smith Simet, Esq. Michael S. Simon,Esq. Tara Singer-Blumberg, Esq. Joseph F. Sinkewicz, Jr., Esq. Hon. Donna M. Siwek Jamie Smith, Esq. Christopher J. Smolka, Esq. Eugene J. Smolka, Esq. Oscar Smukler, Esq. James W. Smyton, Esq. and Patricia Margaret Snajczuk, Esq. Isadore Snitzer, Esq. Edward J. Snyder, Esq. Arnold Soeder, Esq. and Catherine John E. Spadafora, Esq. Mark Spitler, Esq. Mr. and Mrs. Peter D. Spira David Starkey, Esq. Mark Starosielec, Esq. and Jackie Starosielec Cheryl L. Stein, Esq. Robert D. Steinhaus, Esq. Roger E. Stone, Esq. Cheryl R. Storie, Esq. Richard Sullivan, Esq. and Lois Sullivan Paul J. Suozzi, Esq. Kathleen M. Sweet, Esq. Synchronet Industries Anthony H. Szczygiel, Esq. Lawrence H. Taylor DDS Dominic J. Terranova, Esq. John C. Thompson, Esq. Ticor Tile Insurance Co. Robert W. Tills, Esq. Richard Tobe, Esq. Susan Tobe, Esq. Melissa A. Tocha, Esq. Hon. Sharon Townsend Thomas V. Troy, Esq. Ayoka Tucker, Esq. Denis J. Uminski, Esq. Vicky L. Valvo-Walkowiak, Esq. Robert Van Every, Esq. Lawrence Vilardo, Esq. and Jeanne Joseph Vispi, Esq. Judith L. Voit, Esq. Senator Dale M. Volker Oliver Young, Esq. Matthew X. Wagner, Esq. Norman F. Walawender, Esq. Patrick Walh Mark S. Wallach, Esq. Ruthanne Wannup, Esq. Thomas Ward, Esq. Michael A. Wargula, Esq. Joan Warren, Esq. Watson, Bennett, Colligan, Johnson & Schechter, LLP Paul C. Weaver, Esq. Lester Wedekindt, Inc. Brian Weidner, Esq. and Cathryn A. Steven J. Weiss, Esq. and Ellen West Herr Ford Frank R. Whitcher, Esq. Michael J. Whitcher, Esq. Willcare Peter C. Wiltse, Esq. Douglas Winokur, Esq. and Miriam Wayne D. Wisbaum, Esq. Daniel W. Wisniewski, Esq. Thomas Wiswall, Esq. and Dorothy Wolfgang & Weinmann Laurence H. Woodward, Esq. Diane Y. Wray, Esq. Marilyn B. Wray Phyllis Wray Wilson E. Wray, Esq. Raymond V. Wylegala, Esq. Wynne and Wynne CPA’s Richard Wyssling, Esq. Robert L. Zaffram Hon. Marilyn Zahm and Robert Paul Zarembka Nelson Zakia, Esq. Joseph E. Zdarsky, Esq. Arnold Zelman, Esq. and Marjorie George Zimmerman, Esq. Helen Zimmerman, Esq.
Volunteers and Donations
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 712 hours of free law student services in 2005.
In addition to Professor Szczygiel, we were fortunate to have the services of several volunteer attorneys: John Rickers, Elizabeth Miranda, Bill Licata, Rosalind Polanowski and Henry Killeen. In addition, we have had the help of several other volunteers. Special Thanks to Joyce Seegel, and Lisa Kelly who volunteered their time in 2005. These volunteers provided 662 hours of free legal services to the agency in 2005.
Publications and Presentations
Once again in 2005, we presented our annual Elder Law Fair, together with the Erie County Department of Senior Services. This ambitious project allowed more than 500 seniors to go to law school for the day. Volunteer attorneys, from our office and the private bar, provided sales-free information about legal issues that impact the lives of seniors. Additional sponsors of the event included the University at Buffalo School of Law, the Network in Aging, AARP and the Bar Association of Erie County.
Thousands of seniors and their families heard about our services this year through the media. We authored, or were the subject of, seven articles, appeared on two radio shows and two local television stations. Our staff is in demand as lecturers and, during this past year, we spoke to 31 separate groups. We estimate that approximately 1,600 individuals attended our community presentations. In addition, this year we partnered with Volunteer Lawyers Project to train 25 volunteer attorneys on the issue of tax foreclosure. 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.
Finally, our staff members have taken leadership roles in the aging community. This year staff members have served on the Board of Directors of the Erie County Bar Foundation and the Western New York Law Center, served as chair of the Erie County Fair Housing Partnership Task Force on Predatory Lending, co-chaired the Inclusion Task Force (advocating for the rights of the disabled), served on the Elder Abuse Coalition, Chaired the Erie County Caregiver Coalition’s Legislative Committee and served as the consumer representative for the Mercy Hospital Ethics Committee.
INDIVIDUAL CONTRACTS
Erie County
Our largest contract, both in terms of the number of clients served and the level of funding, is the contract we have with the Erie County Department of Senior Services 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.
A sixty-four-year-old woman contacted our office because the New York State Department of Health had rejected Medicaid payment for her dentures. By the time she called us, she had been without dentures for 8 months and had lost a significant amount of weight due to her compromised ability to eat. We negotiated with the State Medicaid Dental Unit and obtained an over-ride of the previous denial.
Mrs. G., a sixty-five year old woman contacted our office for help with medical transportation. She is 600 lbs and non-ambulatory. She requires a van with a heavy-duty lift in order to access Medicaid medical transportation. For a number of years she had used a transportation company that provided her adequate service. However in May of 2005, the Department of Social Services unilaterally switched her provider. The new vendor did not have a manual lift and was unable to provide services and our client missed several appointments with her physician.
Our staff called Medical Utilization Review (MUR) and discovered that the county had a zone plan which guaranteed that each vendor was assured of all clients within their services zone, regardless of the provider’s ability to meet the needs of those clients. We insisted on an appeal and represented our client in requesting an exception, which was approved. Our client now has access to a medical transportation provider that can actually transport her to her medical appointments.
Relatives’ Rights Project
Funded by the Erie County Department of Senior Services with monies from Title III-E of the Older Americans Act, we offer legal representation and advice to older caregivers of minor children, in the areas of custody, guardianship, adoption and public benefits. This year our small project staff helped 63 new 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 “new” families.
We represented Mrs. S in obtaining custody of her 8-year-old grandchild. During the course of our representation, the child’s SSI income was discontinued due to the fact that Social Security no longer considered the child’s sickle cell anemia to meet the definition of a severe impairment. Our attorney represented the family at a hearing at which it was determined that the child was disabled and entitled to retroactive benefits. This income is crucial to maintaining the family’s long-term survival.
A maternal grandmother and maternal aunt contacted our office. Six children were placed in multiple foster homes after the father shot the mother in the face causing her to be legally blind. The grandmother and aunt had offered to take the children but the Department of Social Services refused, preferring to place them all with separate foster families. Through the efforts of our office the children have all been reunited under the custody of their grandmother and aunt.
In addition to representing individual clients, Michele is the chair of the Erie County Caregiver Coalition’s Legislative Committee. The Committee attempts to keep members informed about pending state and federal legislation, which may impact grandparents caring for minor children. She also started The Good Samaritan Project, a Christian outreach project that provides essential goods and services to underprivileged relatives caring for children in need. Protective Services
LSED handles a large number of highly labor-intensive protective services cases. We are appointed by the Court as permanent guardian, as court evaluator, or defense counsel. 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. Last year, Erie County took the initiative in this area and provided dedicated funding to continue and streamline the project.
In most instances, LSED has been appointed where there is a high level of family conflict. LSED sometimes has discovered financial abuse of the elderly client in the form of misappropriation of funds by acquaintances, or by family members. In these cases, we have attempted to trace an often-difficult trail, and to recover as much of the estate as possible. In all these cases, we are the only advocate for individuals who are poor, sick and often forgotten.
We were guardian for an 84-year-old gentleman with no family and no assets. He has chronic renal failure and schizophrenia, as well as dementia. We received several calls from the nursing home that they wanted to stop his dialysis treatment, since he often became combative. Stopping his treatment would have caused his immediate death. Our office demanded that the facility continue his treatment. He had pleasant visits with our social worker and enjoyed appropriate activities until his death early in 2006.
Cattaraugus County
We continued our partnership with the Cattaraugus County Department of the Aging in 2005. Our staff attorney made monthly visits to the county in order to visit clients, conduct intake, and appear in court.
Mr. C., an 82-year-old gentleman was living in the community. The Department of Social Services brought a guardianship proceeding against him. They were named temporary Guardian and put him in an unlicensed family style home against his wishes. The owners of the home left residents unattended for long portions of the day, and shaved Mr. C.’s head without his consent.
Office for the Aging personnel did not have an opportunity to assess Mr. C. prior to his placement. Family members, who had several complaints about the unlicensed facility, contacted the Office for the Aging after the placement. Moreover, neither the family, nor the Office for the Aging thought the gentleman was mentally incapacitated. Bill Berry filed an appeal of the guadianship order and settled the case without a finding of incapacity. In addition, Mr. C. was able to leave the unlicensed facility.
Chautauqua County
We contracted again this year with the Chautauqua County Office for the Aging. 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, eliminating travel time and fostering a close day-to-day working relationship with the County.
This year we opened 81 new cases in Chautauqua County. We dealt with a variety of issues including: debtor/creditor matters, evictions, landlord disputes, Social Security, SSI, mortgage 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.
An 83-year-old woman contacted our office after she was denied reimbursement for the purchase of a lift chair her doctor had prescribed. Client had severe arthritis and was wheelchair-bound. Our office represented her at a hearing and the decision was fully favorable.
An eighty-year old former client contacted our office again for assistance this year. The client was the primary caregiver for her husband with Alzheimer’s disease. They resided in an apartment complex where the landlord would not correct a maintenance problem that had resulted in raw sewage in the basement. On our advice, she made a housing code complaint and broke her lease to move to a more habitable apartment. Now the landlord refused to return the security deposit. Brenda negotiated with the landlord and obtained the full security deposit for our clients.
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, representation of clients in Housing Court, property tax foreclosure, foreclosures due to water arrears and defense of evictions.
In 2002 the City of Buffalo cut all grant-in-aid funding for human services programs and we lost all City support for this project. The program has continued only due to the support from The New York Bar Foundation, the JP Morgan Chase Foundation and the Cameron Baird Foundation. Despite the dramatic loss of funding to this project we were able to assist 133 seniors with housing issues.
A sixty-nine-year old gentleman with serious health problems and numerous hospitalizations called our office. He was about to have his house sold at the City Foreclosure because he owed $127.35 in a user fee. Added to the user fee, was $439 in legal fees, which now made it impossible for him to pay off before the sale date. We filed an Order to Show Cause to halt the sale and negotiated a payment plan for him with the City of Buffalo. He remains in his home.
Don’t Borrow Trouble Campaign
Three years ago, we started a project to combat predatory lending in Erie County. 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. This year, the project suffered a significant loss of funding which resulted in our temporary withdrawal from the project. Emergency funding from a local bank contacted by the Buffalo Urban League, as well as a grant to our agency from JP Morgan Chase Foundation, enabled LSED and our legal partners to reopen for business. We are working with city officials and the Buffalo Urban League to find continued support for the project.
Mrs. E, a seventy-one year old African American woman, has owned her home since 1971. One son had recently passed away and she was caring for a second disabled son. After paying off her original mortgage, she was solicited to take out a series of predatory loans in order to pay off credit card debt of approximately $20,000. In total, she ended up with a mortgage of $82,000. In order to justify the large loan, the lender conspired with an appraiser to over-appraise this La Salle Ave home to $92,000. The appraiser’s officer was subsequently indicted and the loan sold to a new lending company.
Since her mortgage payment constituted 75% of her income, she quickly fell into foreclosure. The new company refused to negotiate a settlement and we brought a court action to stop the foreclosure. The judge found in our favor. Although an appeal is pending, our client remains in her home.
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. This year, we started a new relationship with the Genesee County Office for the Aging. In response to the chaos surrounding the implementation of the new Medicare Part D prescription drug coverage, the Office for the Aging contacted our office to provide assistance to their seniors. With the assistance of Tony Szczygiel we did a series of nine presentations to caseworkers, seniors, pharmacists and other medical personnel. In 2006, one of our paralegals, Cheryl Kostrewa, will begin regular intake visits to the county to assist individual seniors with disputes and appeals regarding this new benefit.
Seneca Nation of Indians
This year, we represented clients on both the Cattaraugus and Allegany Indian Reservations. Common issues addressed during 2005 for the members of the Nation involved landlord/tenant, Social Security, consumer, health care proxies and living wills, and estate matters. We 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 “Lawyer of the Month” program at the Cattaraugus Reservation provides free, brief advice to many seniors during the lunch hour at the senior center.
“ I am writing to express our gratitude to your organization for allowing Beata Banas, Esq. to present at our health center on legal issues and the elderly. The community has benefited greatly from the information that was presented. Many of the elders present reported that they planned on following up with Beata independently. This informational event was absolutely a success and Ms. Banas is welcomed back anytime with any other information she would be willing to share. Thank you so much for assisting with the well being of our community elders.” Lesley E. Nephew-Kennedy, MSW Allegany County
We receive referrals directly from the Allegany Office for the Aging and consult with social workers from that office on legal issues that impact the elderly. 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.
Mr. & Mrs. H, relying upon information provided by their employer, did not apply for Medicare Part B coverage when they became eligible at age 65. After several years, they discovered that their employer coverage would not pay for anything that Medicare Part B would have covered. As a result, they were responsible for large medical bills. In addition, since they did not sign up at age 65 they could only obtain Part B coverage by paying a surcharge of 70%. Our office is drafting the legal papers to file litigation against the employer in early 2006.
New York State
Since 1994, LSED has received a line item in the New York State Budget. In addition, LSED has been the recipient of local initiative funding from both the Western New York Assembly Majority delegation and the Western New York Senate Majority delegation. Funding from New York State has provided general support and expanded the services we are able to provide to our clients.
Mrs. K. was diagnosed with cancer of the larynx and underwent a Laryngectomy. In addition, she received post-operative radiotherapy which damaged her salivary glands resulting in the gradual deterioration and breaking off of her teeth. As her teeth deteriorated and began to break off, she was at risk of choking on a tooth. Her doctors recommended and performed oral surgery as medically necessary to protect her health. Her insurance company, a Medicare Plus Choice organization, refused to pay for the surgery and she won an appeal after a hearing in front of an administrative law judge. However, the HMO appealed and the case is now in federal district court awaiting a decision.
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 African-American communities over the years. In 2005, 43% of our clients identified themselves as belonging to a minority group. 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.
We spent a significant amount of our time this year explaining how the new Medicare Part D plan was going to impact our clients already on Medicaid (called dually-eligible). The language barrier our Latino clients face made the transition to Medicare even more confusing. We also had clients who had encountered opportunists looking to capitalize on this confusion. One 70-year-old gentleman sent in $250 to a “Discount Club/Advocacy Organization”. It was difficult to ascertain what “services” they supposedly provided to enrollees. We obtained a refund for him before he gave this company any more of his SSI check for further consulting fees. We also reported the organization to the federal Medicare program.
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.
Conclusion
Although we have accomplished much this past year, more needs to be done. 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. As this trend continues, it is imperative that adequate funding is provided to ensure access to our justice system for all older people, regardless of income. 2005 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 David Chadwick, Esq., Staff Attorney Mary Jo Lattimore-Young, Staff Attorney Michele Sterlace-Accorsi, Esq., Staff Attorney Anthony Szczygiel, Esq., Clinic Professor Elizabeth Miranda, Esq., Volunteer Attorney John W. Rickers, Esq., Volunteer Attorney Thomas E. Hayduk, Staff Paralegal Kathleen M. Kanaley, Social Worker Mary Lee, Social Worker Cheryl Kostrewa, Staff Paralegal Brenda Symans, Staff Paralegal Furnette Williams, Staff Paralegal Mary Ellen Loncto, Secretary Judy Piwowar, Secretary Kathleen Philip, Receptionist
2005 Board
Thomas F. Keefe, Esq., President Toby F. Laping, PhD., Vice President Giles P. Manias, Esq. Randolph C. Oppenheimer, Esq., Vice President Bruce D. Reinoso, Esq., Vice President Shari Jo Reich, Esq., Treasurer David J. Starkey, Esq. Directors
Ann B. Bermingham, Esq. Harold Brody, MD Helen Ferraro-Zaffram, Esq. Lenora B. Foote, Esq. Jack Freer, MD Denise Gonez-Santos Garry M. Graber, Esq. Robert L. Marinelli, Esq. Hortense B. Nash Frederic Paul Norton, Esq. Timothy O’Mara, Esq. Hon. Elloeen D. Oughterson Rowland Richards, 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.
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