2006 Annual Report

Annual Report (.doc file)

From the Executive Director…

Karen L. Nicolson, Esq., Executive Director

Two steps ahead and one step behind is the best way to categorize 2006. For the first time in three years, we did not end the year with a deficit. However, in order to do so, we were unable to re-hire the attorney we lost in 2005, instead replacing her with a paralegal. As a result, although our overall intake numbers are back up to the pre-crisis level of 2004, our litigation cases dropped 12%. Although Erie County re-funded our Medicare Maximization this year (at 2004 levels) our golf tournament lost 24% in revenue from the previous year. Finally, we were able to obtain funding from Erie County to do Medicare prescription drug appeals; but we lost revenue on our direct mail drive.

Running a non-profit this year felt much like treading water. However, we continue to work hard to maximize all opportunities and increase our efficiency. We are embarking upon a new collaboration with two other legal services programs: The Erie County Bar Association’s Volunteer Lawyers Project and the Western New York Law Center. The three agencies are moving into common space in the Main-Seneca Building and will share services, space and some staff to enable each of us to get the most out of our small budgets. These actions, along with the continued support of the legal community and the hard work of our dedicated staff and board of directors, will ensure our continued ability to provide free civil legal services to poor seniors.

Karen L. Nicolson, Executive Director

The Mission of LSED

It is the mission of Legal Services for the Elderly, Disabled or Disadvantaged of Western New York, Inc. (LSED) to improve the quality of life for low income, elderly and disabled persons in Western New York through the provision of free legal services. Our primary goal is to use the legal system to assure that our clients may live independently and with dignity.

Overview of Services

LSED is a 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 disabled Medicaid recipients of any age directly referred through the Departments of Social Services in those counties. Finally, in 2004, we formed a pooled supplemental needs trust with People Inc. and Key Bank to provide trustee services to younger disabled persons.

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 37% of our caseload involved health care disputes.

The goal of our housing program is to help our clients avoid homelessness by defending them in evictions, tax and mortgage foreclosure proceedings and predatory lending schemes. We also represent elderly homeowners 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 Social Security accounts, handle utility shut-offs and represent clients in appealing adverse decisions in the areas of Social Security retirement, non-disability SSI and Veterans’ benefits.

In 2001 we began a Grandparents’ Rights Program (recently renamed the Relative Rights Project). 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 1019 cases, providing assistance to 2,377 Western New Yorkers. The vast majority of our clients reside in Erie County (82%). 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 2006 was more likely to be female (71%), and disabled (58%). Forty-three percent of our clients identified themselves as belonging to a minority group. As our local population ages, our client base does as well: 48% of our clients were age 75 or older in 2006. Although the Older Americans Act prohibits us from having a strict income test for eligibility, 75% 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 94% of our clients are either very satisfied or satisfied by our services and staff. The following comments are typical:

“Please keep up the good work in what you do. Your assisting me in the time of need made me feel protected, secure and I haven’t heard from that law office again. Thank you very much”

“My overall experience of the services by your office was exceptional. I really don’t know what I would have done without these services and the wonderful people who helped my family and I. “

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. Our single largest funder is the Erie County Department of Senior Services.

In 2006, LSED received another grant from the Interest on Lawyers Account (IOLA) in the amount of $125,000.00. 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. The IOLA fund was our second largest funding source in 2006. This source of revenue supplemented our governmental contracts, allowing us to serve many more clients than would otherwise have been possible. IOLA provides critical support for our outreach programs to Hispanic and African-American elderly.

Our local New York State Assembly Members and Senators have been instrumental this year in obtaining continued funding for our program. We have been fortunate to receive local initiative funding from the Assembly Majority Democrats and Senate Majority Republicans, as well as a small budget line for civil legal services.

We are fortunate to have the support of the local foundation community. Foundation grants, including the IOLA grant, constituted almost 15% of our funding during this fiscal year (January 1, 2006-December 31, 2006). In addition to the IOLA grant, we received a total of $28,500.00 in grants during the fiscal year from the following foundations:

The Cameron Baird Foundation	$10,000.00
Josephine Goodyear Foundation	3,000.00
M&T Charitable Foundation	5,000.00
The Western New York Foundation	1,500.00
The New York Bar Foundation	5,000.00
Devereux Trust Article ll	4,000.00

	$28,500.00

Each year we must ask the local community to support the work we do. We run both an annual golf tournament and a direct mail drive. In addition, we use staff 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 5% of our annual budget.

We would like to thank the following individual donors who supported us in 2006. The list reflects donations received during the 2006 calendar year. We apologize if we neglected to include anyone. Please call Karen Nicolson at 853-3087 if we need to make any corrections.

Abbott. Tills & Knapp. LLC
Donald A. Alessi, Esq.
David H. Alexander, Esq.
Lisa J. Allen, Esq.
John J. Aman, Esq.
James Amato & Company, PC
Anthony Amigone
Ann Leonard Anderson, Esq.
Apex
Daniel R. Archilla, Esq.
John J. Aman, Esq.
James R. Arnone, Esq.
Hedwig M. Auletta, Esq.
Mary Auletta
Jill Aures-Dawes, Esq.
Dianne Avery, Esq.
AXA Advisors/Jack Reich
Stephan Baczynski, Esq.
Catherine Baczynski
Hon. Rosalie S. Bailey
Thomas Bailey
Brian Baird, Esq.
The Ballow Law Firm
The Barnes Firm
Deborah Barone, Esq.
Michael Barone, Esq.
Edward P. Bartz
Peter Battaglia, Esq.
Roy Bass
Michaelene Bauer
James M. Beardsley
Charles Beinhauer, Esq.
Thomas W. Bender, Esq.
James W. Bennett, Esq.
Elizabeth Bergen, Esq.
Ann Bermingham, Esq.
Donna Berry
Katherine Bestine, Esq.
David Beyer, Esq.
Birdair Inc.
Richard Blewett, Esq.
Michael M. Blinkoff, Esq.
Alan B. Block, Esq.
Block, Colucci, Notaro & Laing
Edward S. Bloomberg, Esq.
Bluestein & Muhlbauer
Ann Marie Boland-Hughes, Esq.
Diane F. Bosse, Esq.
Jennifer D. Bowen, Esq.
Stephen Boyd, Esq.
Ian A. Bradford, Esq.
John Brady
Brautigan & Brautigan
Charles P. Bridge, Esq.
Susan Bring-Tobe, Esq.
Bryan G. Brockway, Esq.
Harold Brody, M.D.
Teresa Brophy-Bair
Philip Brothman, Esq.
Harold C. Brown & Co., LLC
Marc Brown, Esq.
T. Alan Brown, Esq.
Earl W. Brydges, Esq.
Thomas Brydges, Esq.
Buffalo Law Journal
Christine Bylewski, Esq.
Antonio Cardarelli, Esq.
James N. Carlo, Esq.
John J. Carney, Esq.
Alan Carrel, Esq.
Jerome Carrel, Esq.
Patricia I. Carrington, Esq.
Thomas Cassano, Esq.
Robert Castellani, Esq.
Joe R. Cavan, Esq.
Roland M. Cercone, Esq.
Anthony F. Cerrone, Esq.
Chiacchai & Fleming, LLP
Michael J. Chmiel, Esq.
Church of Mission of Help of WNY
Robert M. Ciesielski, Esq.
Paula M. Ciprich, Esq.
Diane Ciurczak, Esq.
Elizabeth G. Clark, Esq.
Clark & Steiner
Clark & Whipple
Sanford Clark,Esq.
Classified Plus, Inc.
Dennis P. Cleary, Esq.
Cleve-Hill Auto & Tire
Kim Coleman
J. Michael Collins
William B. Collins, Esq.
Anthony Colucci, Esq.
Carmela Colucci
Colucci & Gallaher
Sharon A. Corrigan
Carol A. Condon, Esq.
Mary Anne Coinnell, Esq.
Cooke & Steffan
Edward C. Cosgrove, Esq.
Peter L. Costa, Esq.
Joseph F. Crangle, Esq.
Creighton Pearce Johnsen & Giroux
Crossroads Christian Church
Dale E. Currier
Hon. John Curtin
Jane Curtin
Victoria D’Angelo, Esq.
Joel L. Daniels, Esq.
Michael Daumen, Esq.
Mark Dean
Timothy Delahunt, Esq.
Stacey Delahunt
Mark Della Posta, Esq.
Camille Dellatore
Designed Settlement Services
Daniel H. Dillon, Esq.
James Domagalski, Esq.
John Doran, Esq.
Brian W. Downey, Esq.
Ann F. Downey
Walter F. Drag, Esq.
Robert Druar, Esq.
Robert Druzbik
Arthur T. Dunn
Thadeus J. Dziekonski, Esq.
Gayle Eagan, Esq.
James Eagan
David Eberle
Lynn S. Edelman, Esq.
John D. Edick
Susan J. Egloff, Esq.
Ellicott Development Co.
John B. Elliott, Esq.
Dr. Nora & Dr. Richard Elman
John V. Elmore, Esq.
Patrick Emmerling, Esq.
Catherine Emmerling
Anne Evans, Esq.
Evans & Evans
Stanley Evans
Martin B. Farber, Esq.
Thomas C. Farley, Esq.
David A. Farmelo, Esq.
Sophie Feal, Esq.
Feldman, Kieffer & Herman
Fiduciary Services, Inc.
Kathleen Fitzgerald, Esq.
John Flaherty, Esq.
Michael Flaherty, Esq.
David K. Floyd, Esq.
John Flynn, Esq.
Toni L. Frain, Esq.
Robert W. Frangooles, Esq.
Howard Frank, Esq.
Jeffrey Freedman, Esq
Jack P. Freer
John T. Frizzel, Esq.
Thomas J. Gaffney, Esq.
Gar Associates, Inc.
Henry T. Gartner, Esq.
Garvey & Garvey
Judith Gerber, Esq.
Jeffrey Gerde
Arthur J. Giacalone, Esq.
Gibson, McAskill & Crosby
Peter S. Gilfillan, Esq.
Herman J. Ginsburg, Esq.
Eric L. Glazer, Esq.
Susan & Charles Goetz
David Gordon
Richard H. Gordon, Esq.
Kathryn Gordon
James N. Gormley, Esq.
Hon. Jerome C. Gorski
Garry Graber, Esq.
Kenneth Graber, Esq.
Gerald Grace, Jr., Esq.
William E. Grande, Esq.
Murray J. Grashow, Esq.
Leslie Mark Greenbaum, Esq.
Richard F. Griffin, Esq.
Dr. Jane F. Griffin
Robert Grimm, Jr., Esq.
Mark Gruber, Esq.
Mara Gruber
Frederick R. Gugino, Esq.
Theodore Hadzi-Antich, Esq.
Charles J. Hahn, Esq.
Dr. George Hajuczak
David Hall, Esq.
Bonnie Hall
Tamar Halpern, Esq.
Mark W. Hamberger, Esq.
Hamberger & Weiss
Barbara Hamilton
Brendan C. Hand, Esq.
Thomas J. Hanifin, Esq.
Harrington & Mahoney
Tracy S. Harrienger, Esq.
John Haslinger, Esq.
Paul M. Hassett, Jr., Esq.
Mary Louise Hayden, Esq.
Herbert J. Heimerl, Jr., Esq.
Ann W. Herman, Esq.
Ann Giardina Hess, Esq.
Thomas Hewner, Esq.
George M. Hezel, Esq.
Jonathan S. Hickey, Esq.
Sarah Hill-Buck
Andrew C. Hilton, Esq.
Hiscock & Barclay, LLP
Hodgson Russ, LLP
Corey J. Hogan, Esq.
Hogan & Willig, PLLC
Susan S. Hogan, Esq.
Home Instead Senior Care
Homemakers of Western New York
David A. Hoover, Esq.
Melvyn Hurwitz, Esq.
Hurwitz & Fine, P.C.
Injured Workers Pharmacy
Paul Isaac, Esq.
Jaeckle, Fleischmann & Mugel, LLP
Joel J. Java, Jr., Esq.
Victor Johnston
Alice Joseffer, Esq.
Linda Joseph, Esq.
Todd M. Joseph, Esq.
Hon. Norman E. Joslin
Richard Juda, Jr., Esq.
Gary Kanaley, Esq.
Michael Kanaley, Esq.
Hon. James B. Kane, Jr.
Theodore S. Kasler, Esq.
Judith D. Katzenelson, Esq.
Kavinoky Cook LLP
Josh Keats
Frank Kedzielawa, Esq.
Law Office of Tom Keefe, Esq.
Kenny, Shelton, Liptak & Nowak, LLP
John Kerr
Hon. Mary Ann Killeen
John L. Kirschner, Esq.
Peter E. Klaasesz, Esq.
Peter M. Kooshoian, Esq.
Robert J. Kresse, Esq.
Mary Kresse
Eleanor Kubiniec, Esq.
Paul W. Kullman, Esq.
Thomas Kurtz
Robert H. Kutzuba, Esq.
Barbara J. Kuzma
Richard Kwieciak, Esq.

Carol J. LaBruna, Esq.
Stephen R. Lamantia, Esq.
LandAmerica Commonwealth
Hon. John P. Lane
Nancy Langer, Esq.
John Langer
Toby Laping, PhD
Thomas Latacki
Robert H. Lawrence, Esq.
David P. Lazenski, Esq.
Richard Lehner, Esq.
John Francis Leone, Esq.
Stuart G. Lerman, Esq.
Lester H. Wedekindt, Inc.
Daniel Lewandowski, Esq.
Mark A. Lillenstein, Esq.
Lipsitz & Ponterio, LLC
Thomas R. Lochner, Esq.
Sally B. Logan, Esq.
Mark Longo, Esq.
Denis E. & Mary Ellen Loncto
Robert Lonski, Esq.
Jacqueline Lonski
David Losi, Esq.
Rocco Lucente, Esq.
M&T Bank
John MacCallum, Esq.
Janet MacDonald, Esq.
James L. Magavern, Esq.
Magavern, Magavern & Grimm, LLP
Hon. David J. Mahoney
Sam Maislin, Esq.
William Maldovan, Esq.
H. Jeffrey Marcus, Esq.
Giles Manias, Esq.
Robert Marinelli, Esq.
Edward J. Markarian, Esq.
John Markarian, Esq.
Mindy L. Marranca, Esq.
Linda Marsh, Esq.
Brenda Mattar, Esq.
Hon. Patricia Maxwell
W. Donn McCarthy, Esq.
Lisa McDougall, Esq.
Virginia McEldowney, Esq.
Terry McGuinness
Philip H. McIntyre, Esq.
Donald F. McKenna, Esq.
Kathleen McMahon-Stoll, Esq.
Hon. Ann T. Mikoll
Raymond T. Miles, III, Esq.
Bryan E. Miller, Esq.
Craig L. Miller, Esq.
David C. Mineo, Esq.
Elizabeth Miranda, Esq.
Francine E. Modica, Esq.
Timothy Mordaunt, Esq.
Monroe Title Insurance Corp
Richard E. Moot, Esq.
Gail T. Murphy, Esq.
Lynn Murphy, Esq.
Sue Dealy Murszewski, Esq.
Pastor Fred Naedele
National Fire Adjustment Co.
George Navagh, Esq.
Thomas W. Nelson, Esq.
Linda J. Nenni, Esq.
Robert B. Nichols, Esq.
Karen L. Nicolson, Esq.
Joseph Nicosia
Ilo Noble, Esq.
Frederic P. Norton, Esq.
Barbara Nuchereno, Esq.
Christopher O’Brien, Esq.
James J. O’Brien, Esq.
Thomas E. O’Brien, Esq.
Hon. John O’Donnell
Randall M. Odza, Esq.
Francis J. Offermann, Jr., Esq.
Offermann, Cassano, Greco, Slisz & Adams, LLP
Victor Oliveri, Esq.
Deborah A. Olszowka, Esq.
Timothy O’Mara, Esq.
Randolph Oppenheimer, Esq.
Patrick C. O’Reilly, Esq.
Sharon Anscombe Osgood, Esq.
Barbara Ostifeld
Hon. William J. Ostrowski
Edward A. Pace, Esq.
Carl Paladino, Esq.
Thomas C. Pares, Esq.
Michelle Parker, Esq.
Paul D. Pearson, Esq.
Anthony F. Pegnia, Jr., Esq.
People Inc.
Personius Melger, LLP
Philip Perna, Esq.
Paul A. Peters, Esq.
David Pfalzgraf, Esq.
Pfalzgraf, Beinhauer & Menzies
Pfeiffer & Pfeiffer
Phillips Lytle LLP
Susan M. Piver, Esq.
Judy Piwowar
Robert J. Plache, Esq.
Plesh Industries
Carmen Polito
Mark Poloncarz, Esq.
Steven H. Polowitz, Esq.
Daniel Polowy, Esq.
Arlene Polowy
Praxair, Inc.
Public Abstract/First American
Puleo & Puleo/Capital Abstract
Theodore Pyrak, Esq.
Radack & Hartnett
Joseph Ralabate, Esq.
Robert Reden, Esq.
Reden & O’Donnell, LLP
Lawrence J. Regan, Esq.
Shari Jo Reich, Esq.
William Z. Reich, Esq.
Raymond P. Reichert, Esq.
Bruce Reinoso, Esq.
Brendan J. Rich, Esq.
George Riedel, Esq.
Rodgers & Coppola
Lisa Bloch Rodwin, Esq.
James E. Rolls, Esq.
R. Anthony Ronci, Esq.
Howard S. Rosenhoch, Esq.
Richard P. Rosso, Esq.
Stephen Rubinstein, Esq.
Susan Rubinstein
Hugh Russ, Esq.
Joseph F. Saeli, Esq.
Melinda Saran, Esq.
Barbara A. Sauer, Esq.
Schaus & Schaus
Michael Schiavone, Esq.
Geralyn Schiffler, Esq.
James N. Schmit, Esq.
David C. Schopp, Esq.
Ginger Schroder, Esq.
Schroder, Joseph & Associates, LLP
Nelson E. Schule, Jr., Esq.
James D. Schultz, Jr., Esq.
Denis A. Scinta, Esq.
Kathleen M. Sellers, Esq.
Michael R. Shannon, Esq.
Ann E. Shaw
James Shaw, Esq.
Richard Sherwood, Esq.
Daniel D. Shonn, Jr., Esq.
Myron M. Siegel, Esq.
Robert G. Sillars, Esq.
David Silverberg, Esq.
Tara Singer-Blumberg, Esq.
Michael A. Siragusa, Esq.
Carrie L. Smith, Esq.
Jamie M. Smith, Esq.
Raymond Smith, Esq.
James Smyton, Esq.
Patricia Smyton
Edward J. Snyder, Esq.
Arnold Soeder, Esq.
Catherine Soeder
Dennis J. Speller, Esq.
Jeffrey Spencer, Esq.
Michelle Spencer
Mr. & Mrs. Peter D. Spira
David Starkey, Esq.
Mark Starosielec, Esq.
Pastor Mark Sterlace
E. W. Stevens, Esq.
Kevin T. Stocker, Esq.
Roger E. Stone, Esq.
Steven F. Sugarman, Esq.
Summer Associates of Jaeckle Fleichmann
Paul Suozzi, Esq.
David L. Sweet, Esq.
Brenda A. Symans
Anthony H. Szczygiel, Esq.
Lawrence H. Taylor, DDS
Teamsters Local Union #264
Abby Tehsheng
Andy Terranova
Dominic J. Terranova, Esq.
Joseph G. Terrizzi, Esq.
John C. Thompson, Esq.
Ticor Title Insurance
Robert W. Tills, Esq.
Tim Toepfer
Suzanne E. Tomkins, Esq.
Hon. Sharon Townsend
Jerry Trafaski,
Deanne Tripi, Esq.
Dimitri Tzetoz, Esq.
Denis J. Uminski, Esq.
Vicky Valvo, Esq.
Frank Vavonese, Esq.
Michael Vavonese, Esq.
Michael C. Veruto, Esq.
Lawrence Vilardo, Esq.
Jeanne Vilardo
Joseph Vispi, Esq.
Matthew X. Wagner, Jr., Esq.
Patrick Walh
Thomas M. Ward, Esq.
Ruthanne Wannop, Esq.
Mark Warren, Esq.
Joy Warren
Watson, Bennett, Colligan, Johnson & Schechter
Paul C. Weaver, Esq.
Jeannine Weber-Kahabka
T. P. Weiksner
Jeffrey Weiss, Esq.
Eileen Wheeler, Esq.
WillCare
Gerald Williams, Esq.
Furnette Williams
Linda Williams
Douglas L. Winokur, Esq.
Wayne D. Wishbaum, Esq.
Marilyn B. Wray
Phyllis A. Wray
Wilson E. Wray, Esq.
Diane Wrightson
Raymond Wylegala, Esq.
Oliver C. Young, Esq.
L. Zaepfel
Robert L. Zaffram
Marilyn Zahm, Esq.
Robert Zahm
Nelson Zakia, Esq.
Paul Zarembka
Joseph E. Zdarsky, Esq.
Arnold Zelman, Esq.
Marjorie Zelman
George M. Zimmermann, Esq.
Helen W. Zimmermann, Esq.
Mary Zuffranieri, Esq.
Paul Zuydhoek, Esq.

Volunteers and Donataions

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 710 hours of free law student services in 2006.

On Wednesday, December 6, 2006, Judge Curtin gave preliminary approval for a settlement of Attorney Anthony Szczygiel’s long running case, Conrad v. Perales. The case challenged the MOP II program, under which the Department of Health (DOH) allowed nursing homes to double bill (Medicare and Medicaid) in 1989. This meant that residents had to pay a Medicaid client share even when Medicare had covered their nursing home care in full. The State DOH agreed to put $11 million dollars into an escrow fund to provide refunds to our clients. With expert help from the Center of Medicare Advocacy’s Data Unit we are in the process of identifying the class members from computer and paper records. We are almost done and expect to have about 12,000 class members, with full refunds amounting to about $15 million dollars. A special thanks to attorneys Anthony Szczygiel, Henry Killeen and Peter Dellinger who have volunteered thousands of hours over the last 17 years to make this settlement a reality.

In addition to Professor Szczygiel, we were fortunate to have the services of several volunteer attorneys: John Rickers, Elizabeth Miranda, Henry Killeeen and Peter Dellinger. In addition, we have had the help of several other volunteers. Special thanks to Joyce Seegel, and Terrance McGuinness who volunteered their time in 2006. These volunteers provided 1,138.75 hours of free legal services to the agency in 2006.

Publications and Presentations

Thousands of seniors and their families heard about our services this year through the media. We were interviewed on radio, newspapers and television several times this year about Medicare Part D, predatory lending, check cashing charges for the unemployed and tax foreclosure issues. Our staff is in demand as lecturers and, during this past year, we spoke to 29 separate groups. We estimate that approximately 1,390 individuals attended our community presentations. In addition, this year we partnered with Volunteer Lawyers Project to train volunteer attorneys on the issue of city tax foreclosure process. Our staff provided the materials and presentations to private bar attorneys who agreed to take cases pro bono, thereby increasing the numbers of clients who were able to get legal assistance and avoid losing their homes.

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 on the board of HOME (Housing Opportunities Made Equal), served on the Mayor’s Anti-Flipping Task Force, 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.

Our client, a 63-year-old kidney transplant recipient suffering from diabetes and multiple health problems, received a notice from Social Security that her benefits would be terminated due to an alleged decades old probation violation warrant from California. While we were appealing the Social Security decision, a lengthy process that ultimately required litigation, our client was informed that she would be disenrolled from her Medicaid program. The reason for the disenrollment was that, due to the actions of the Social Security Administration, she was unable to pay the $86 monthly spend down. We requested a fair hearing and the Medicaid agency was ordered to reinstate our client’s services without a spend down.

In May of 2006, Mrs. R. a 64-year-old woman moved in with her disabled son to help him recuperate from a health crisis. As a result, she was terminated from SSI, her sole source of income. Since she no longer resided in her mobile home the Social Security administration now counted that home toward her $2,000 asset limit. The value of the mobile home, while modest, was more than $2,000 and resulted in the loss of her SSI. We advocated for Mrs. R. at a personal conference with the SSA representative and presented our legal research to prove that, since her absence was only temporary, her mobile home was exempt. Her benefits were restored retroactively and she was able to both care for her disabled son and retain her home.

Mrs. M, a 79-year-old homebound woman suffering from early stages of Alzheimer’s was denied Medicaid coverage despite having very low income. She needed Medicaid to cover her high medical bills. The reason for the denial was that she had no proof of her birth in Pennsylvania. Pennsylvania originally refused to provide a birth certificate, because our client had no photo identification. After numerous phone calls and letters, our paralegal was able to convince the PA Vital Records Department to provide a copy of her birth certificate and we obtained Medicaid coverage for our client.

Medicare Prescription Drug Appeals Program

This year, we received some funding from Erie County to handle Medicare Prescription Drug appeals for Medicare recipients of any age. The county funding was supplemented with a grant from the New York Bar Foundation. These two funding streams allowed us to help 121 clients obtain benefits under the new program. The new program had many well-publicized glitches and continues to be nearly impossible to navigate. The following letter illustrates typical problems faced by our clients.

To Whom It May Concern:

My name is Karen E. Stafford. I am a single mother and legal guardian of my sons, two disabled young men. Both of my sons have Neurofibromatosis, sometimes called “The Elephant Man’s Disease.” People with this disease can form hundred of tumors inside their bodies and/or their skin. My youngest son, Jacob, is most affected by this disease. He has suffered seizures, brain tumors, learning disabilities, gastrointestinal tumors, eye tumors and too many more to count.

Due to Jacob’s medical/physical challenges, he has been on Medicaid since the age of three. As an adult, Jacob has proudly worked from the time he turned 18 (he is now 23 years old). As a result of Jacob’s employment, he was awarded Medicare as a primary medical provider and Medicaid secondly. As you can imagine, his hospital and doctor bills are immense.

Because of the numerous physical and mental challenges that Jacob faces, he has required extensive training and displayed extraordinary commitment to work as a productive dishwasher. When Jacob was changed to Medicare (namely Medicare Part D for his prescriptions), I was told by many sources that he would have to leave his job and check into a hospital indefinitely, until his Medicare Part D would take effect and provide him with the costly life sustaining drugs that he requires.

I asked Medicare where and how I could file a formal complaint. The workers didn’t know and I was put on hold. I was then told that I could place a complaint but that I would have to wait two to four months for it to be addressed, and even then Medicare will still have nothing to do with the prescription coverage.

My friends and I took to the phones for two days. The only person that has called me back is Emily Kaznica of the Erie County Office for the Disabled. I was then connected to Bill Daniels. Mr. Daniels set me up with Mr. Frank Vavonese, an attorney at Legal Services for the Elderly, Disabled and Disadvantaged of Western New York, Inc. Mr. Vavonese immediately contacted the Center of Medicare and Medicare Services and explained the situation. CMS verified that Jacob was indeed enrolled and entitled to have his medications covered by them. The Pharmacy was contacted, informed of this verification, and the problem was solved. Jacob received his many seizure mediations just a few hours prior to when his next dose would be needed. If Jacob misses one dose, he seized. We had called many places looking for help with getting his medication. Thank God for these 3 people; they are truly angels.

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 project staff helped 84 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 an elderly couple, ages 65 and 66 in adopting their seven-year-old grandson and ten-year-old granddaughter. The children had been abandoned by their mother and father over five years ago. As much as they knew their grandparents loved and cared for them, the anxiety and insecurity they felt was a direct result of their parents leaving them. The children craved security, which they now have due to the adoption. The grandmother told LSED that the adoptions were truly a blessing and that the children are now sleeping better and doing “wonderfully”.

We work hand-in-hand with the Good Samaritan Project, a Christian outreach project that provides essential goods and services to underprivileged relatives caring for children in need. The Good Samaritan Project was started by our former staff attorney, Michele Sterlace-Accorsi, through her church, Crossroads Christian Church.

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 advocates for individuals who are poor, sick and often forgotten. Funding for this project is provided by Erie County and a grant from the Evans-Deveuax Memorial Trust.

Our office is legal guardian for Mrs. M., a life-long schizophrenic patient who had lived for three years in a local nursing home. The nursing home, without our permission, decided to transfer her to another facility within their corporate structure, which provided a lower level of care. Upon transfer, our ward began to be verbally aggressive and agitated. We conducted an independent medical screening by a qualified nurse practitioner, which indicated our client was inappropriate for a lower level of care. Upon our filing of a complaint with the health department, the nursing home agreed to accept Mrs. M back to her home.

Cattaraugus County

We continued our partnership with the Cattaraugus County Department of the Aging in 2006. Staff attorney, Bill Berry, made monthly visits to the county in order to visit clients, conduct intake, and appear in court.

Our 81-year-old client was prohibited from having her great-grandson visit her in her apartment by the apartment’s management. Our client had lived in the apartment for six years without incident. However, a new neighbor did not get along with her grandson and started making complaints to the management. The Department of Aging caseworker that referred the case to us felt that the lack of family contact was contributing to her tenuous mental health state by increasing her feelings of loneliness and depression.

Our attorney intervened with the manager and negotiated with the owner’s attorneys, arranging for a successful trial visit, leading to a resumption of the mutually beneficial overnight visits.

Chautauqua County

We contracted again this year with the Chautauqua County Office for the Aging. Staff paralegal, Brenda Symans conducts intake at two locations in buildings occupied by the Office for the Aging. This cooperative arrangement permits LSED to provide more direct service hours at a lower cost, eliminating travel time and fostering a close day-to-day working relationship with the County.

This year we closed 86 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.

A 61-year-old cancer patient contacted our office after his Part D private drug plan refused to cover his injections of Aranesp. He needed this particular drug to boost his red blood cells, which were affected by his rigorous chemotherapy regime. The private drug plan told him to use a lower cost alternative, not ordered by his doctor. We contacted the doctor and wrote a sample letter for him to use advocating for the higher cost drug. The doctor used our sample letter on his letterhead and sent it to the private drug plan. The injections were approved and our client continues in his recovery efforts.

Housing

Since 1982 LSED has handled housing law problems for residents of the City of Buffalo age sixty and over. Our Housing Law for the Elderly Program, unlike our programs funded with Older Americans Act monies, does have an income eligibility standard. LSED assists qualified clients with the following issues: problems with tenants (including eviction and collection of rent), compliance with building and health codes, defense of evictions, and representation of clients in Housing Court, property tax foreclosure, foreclosures due to water arrears and defense of evictions.

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 JP Morgan Chase Foundation and the Cameron Baird Foundation over the past few years. Despite the dramatic loss of funding to this project we were able to assist 164 seniors with housing issues.

Mrs. M. an 84-year-old woman who suffers from severe agoraphobia, paranoia and delusions was served with a 30-day notice to vacate her Section 8 apartment building. According to the management, her behaviors were a danger to herself and others in the building. We threatened a lawsuit and the management withdrew their notice and agreed to work to help us craft a resolution to accommodate her mental disability. Our attorney negotiated regular visits by Adult Protective Services to work on some of the behaviors that were of concern to the management and she continues to reside in the building to-date.

Mortgage Foreclosure Prevention Project

Four 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. Hand in hand with these efforts is our involvement in the Mayor’s Anti-Flipping Task Force. Flipping is the practice of buying real estate cheap and then turning it around and selling it for an inflated price. Purchasers often do not make repairs and the neglected homes contribute to the deterioration of neighborhood. The task force released its first year report in 2006 and our staff attorney, David Chadwick, chaired the Investigation Committee. Despite funding decreases to this project over the past few years, we have been able to continue this important work with the help of the JP Morgan Chase Foundation.

An 82-year-old woman gifted her house to her son, but retained a life estate. She had lived in the home for more than 40 years, and her husband had recently passed away. Her son was to make repairs and handle upkeep in exchange for the gift. Within 2 months of the transfer, the son managed to get a mortgage without the mother’s signature, despite the fact that she retained a life estate interest in the home. The mother was unaware of the mortgage until, several years later when she received a summons and complaint from a lender informing her that she was about to lose her home. We filed an answer to their lawsuit, and the lender realizing their mistake, withdrew their complaint and sued the son.

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. Last 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 presentations to caseworkers, seniors, pharmacists and other medical personnel.

Niagara County

We have a contract with the Niagara County Department of Social Services to handle Medicare claims for Medicaid recipients. In the process, we obtain needed federal Medicare coverage for our clients and save the county scarce Medicaid dollars. Referrals come directly from the Department. Seniors with other civil legal services problems are referred back to the Niagara County Office for the Aging for assistance.

Mr. M., a quadriplegic living with his wife and children, was referred by Niagara County DSS. He was covered by the federal Medicare program, but the county did not believe he was getting the amount from that program to which he was entitled. With assistance from his nurse practitioner, we were able to negotiate with the Medicare certified home health agency to double his Medicare home health hours.

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.

We were contacted by the sister of Mrs. M. Mrs. M was informed by Social Security that her Medicare Part B would not be active for another year, since she failed to enroll during her initial enrollment period. In addition, since they considered her application late, she would be assessed a penalty, a 10% surcharge, which she could not afford on her very low income. We discovered that Mrs. M was hospitalized three times during her initial enrollment period and had an illness that caused confusion, vision problems and difficulty concentrating. We requested a reconsideration for her and obtained Part B coverage retroactive to the date she turned 65 without a surcharge.

Seneca Nation of Indians

This year, we represented clients on both the Cattaraugus and Allegany Indian Reservations. Common issues addressed during 2006 for the members of the Nation involved, Social Security, SSI, consumer, health care proxies and estate matters. Our attorney, Beata Banas, met with clients at the Offices for the Aging on both the reservations, as well as in the homes of our clients. In addition to direct representation, our “Lawyer of the Month” program at the Cattaraugus Reservation provides free, brief advice to many seniors during the lunch hour at the senior center.

Our 77-year-old Seneca client was informed this year that her Social Security benefits would be terminated due to a warrant for her arrest issued in 1995 in Michigan for allegedly kidnapping her granddaughter. However, the Seneca Nation Peacemakers Court had issued a decision, also in 1995, awarding her full custody of the same granddaughter. Despite this, the warrant continued for more than ten years and resulted in Social Security terminating her benefits this year and charging her with an overpayment of $9,539.00. Our attorney got the warrant vacated, her benefits restored and the overpayment removed from her record.

New York State

Since 1994, LSED has received a line item in the New York State Budget. In 2006 that line item was $7,507.00. In addition, LSED has been the recipient of local initiative funding from both the Western New York Assembly Majority delegation ($15,000.00) and the Western New York Senate Majority delegation (25,000.00). Funding from New York State has provided general support and expanded the services we are able to provide to our clients. State funding is vital to our program, particularly since allocations to the counties from the Older Americans Act, our main source of funding, have not increased in several years. Without state funding, we would have to cut staff to respond to rising costs, helping fewer clients every year.

Our 78-year-old client was notified by the Office of Personnel Management (OPM) that it was terminating her monthly surviving divorced spouse’s pension. The stated reason was that the 1990 Domestic Relations Order entered in her divorce proceedings did not specifically refer to survivor benefits payable under federal law after the death of her ex-husband.

We requested reconsideration and uncovered a 1989 court hearing transcript of her divorce settlement which clearly indicated the party’s intention that she collect the federal pension after the husband’s death. We submitted the transcript and legal argument to the OPM and the office withdrew its initial determination, finding her eligible for continued pension benefits.

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 2006, 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.

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 people, regardless of income.

2006 Staff
Karen L. Nicolson, Esq. Executive Director
Michaelene Bauer, Office Manager
Robert S. Esposito, Administrative Assistant
Christina Joseph, Special Events Coordinator
Beata Banas, Esq., Staff Attorney
William W. Berry, Esq., Staff Attorney
David Chadwick, Esq., Staff Attorney
Helen Ferraro-Zaffram, Staff Attorney
Michele Sterlace-Accorsi, Esq., Staff Attorney
Frank Vavonese, Medicare Part D Attorney
Anthony Szczygiel, Esq., Clinic Professor
Elizabeth Miranda, Esq., Volunteer Attorney
John W. Rickers, Esq., Volunteer Attorney
Kathleen M. Kanaley, BSW, Social Worker
Kipp Milliron, CSW-R, Social Worker
Nicole Blackwell, Staff Paralegal
Thomas E. Hayduk, Staff Paralegal
Cheryl Kostrewa, Staff Paralegal
Brenda Symans, Staff Paralegal
Furnette Williams, Staff Paralegal
Mary Ellen Loncto, Secretary
Judy Piwowar, Secretary
Kathleen Philip, Receptionist

2006 Board
Thomas F. Keefe, Esq., President
Giles P. Manias, Esq., Vice President
Frederic Paul Norton, Vice President
Randolph C. Oppenheimer, Esq., Vice President
Bruce D. Reinoso, Esq., Vice President
Shari Jo Reich, Esq., Treasurer
David J. Starkey, Esq., Secretary

Directors
Ann B. Bermingham, Esq.
Harold Brody, MD
J. Michael Collins
Lenora B. Foote, Esq.
Jack Freer, MD
Denise Gonez-Santos
Garry M. Graber, Esq.
Toby F. Laping, PhD
Robert L. Marinelli, Esq.
Timothy O’Mara, Esq.
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.
Hortense Nash
Hon. Elloeen Oughterson