2007 Annual Report

• Annual Report (.doc file)

 

From the Executive Director…

2007 has been a year of exciting new collaborations for our organization. This year, we decided to combine forces with the Bar Association of Erie County and hold a single golf tournament developed by both the Bar Association of Erie County and Legal Services for the Elderly, Disabled or Disadvantaged of Western New York, Inc. Negotiations and planning took much of 2007, with a committee from both organizations working together to organize a single event. The new combined tournament will be held on Monday June 30, 2008 at the Brookfield County Club in Clarence. This is a great opportunity for collegiality for Bar Association members, and also an important fundraising opportunity for our organization.

Another new development is our recent move into the Main–Seneca Building owned by local attorney and friend of the agency, David Sweet. During our almost 30 year history, we have periodically considered the idea of sharing space with the other legal service providers in our area. The Buffalo area has five separate legal services providers, catering to different demographics and client needs in Western New York. In the past, individuals looking for assistance from one of the providers might have gone to go to three or four different buildings to find the correct agency.

I am happy to report that with the assistance of the United Way of Buffalo & Erie County and the Interest on Lawyers Account (IOLA), all five local legal services projects have co-located to the same building. The co-location is more efficient for clients and will enable us to jointly purchase supplies and services and share some large conference room spaces. We already have identified duplicate library books that are no longer needed with a shared library. Most importantly however, are the expected benefits to our clients. Our staffs now have daily interaction which we expect to result in more collaboration and new initiatives to better serve the low income and elderly population in Western New York.

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 civil legal services. Our primary goal is to use the legal system to assure that our clients may live independently and with dignity.

Overview of Services

LSED is a not-for-profit human service agency incorporated in 1978 to provide specialized, free civil legal services to elderly people in the community of Western New York. Currently we contract with the Departments of Senior Services in the following counties: Erie, Cattaraugus, Chautauqua, Allegany, and the Seneca Nation of Indians. In Genesee and Niagara Counties we contract with the Department of Social Services to handle Medicare appeals for disabled Medicaid recipients of any age directly referred through the Departments of Social Services in those counties. In 2007, to respond to the current mortgage foreclosure crisis, we expanded our mortgage foreclosure prevention project which previously had focused on the City of Buffalo and Erie County. In partnership with our colleagues at the Legal Aid Bureau, the Western New York Law Center and the Erie County Bar Association’s Volunteer Lawyers Project, we now handle referrals from the additional counties of Niagara, Genesee, Chautauqua, Cattaraugus, Orleans, and Wyoming. Finally, in 2004, we formed a pooled supplemental needs trust with People Inc. and Key Bank to provide trustee services to disabled persons receiving public benefits.

Through our health care program, we seek to ensure access to adequate health care by handling appeals and questions regarding Medicaid, Medicare, prescription drug coverage, private health insurance, home health care, long term care insurance and patients’ rights. Health care issues continue to be a major area of concern for seniors; over the last few years in particular due to the significant changes to the federal Medicare program.

The goal of our housing program is to help our clients avoid homelessness by defending them in evictions, tax and mortgage foreclosure proceedings and predatory lending schemes. We also represent elderly homeowners in the City of Buffalo faced with housing code violations and assist those clients in obtaining grant money to make the necessary repairs. Many seniors are long-term city residents and, by helping them remain in the community, we also ensure the stability and character of local neighborhoods. Our Mortgage Foreclosure Prevention Project is a joint program with the Legal Aid Bureau of Buffalo, Homefront, The Western New York Law Center and several HUD-certified counseling agencies. The project has a single point of entry for city residents facing mortgage foreclosure utilizing the resources of Homefront, a community development agency incorporated to develop and implement equitable, sustainable and efficient strategies for community development and revitalization in the Greater Buffalo Community.

Pursuant to the Older Americans Act, we can provide defense counsel to individuals who are the subject of proceedings pursuant to Article 81 of the Mental Hygiene Law. We also draft advance directives for our clients, both powers of attorney and health care proxies. It is our hope that by promoting the use of advance directives, we can reduce the burden on our courts and community caused by the commencement of guardianship proceedings. In 2007, through a grant with the US Department of Justice’s Office of Violence against Women, we joined forces with the Unified Court System, Crisis Services, County Protective Services, Buffalo City Police and the Erie County Sheriffs to train local law enforcement on elder abuse.

We handle issues of income maintenance and some consumer matters with the goal of increasing the self-sufficiency of our clients. We remove illegal liens on Social Security accounts, handle utility shut-offs and represent clients in appealing adverse decisions in the areas of Social Security retirement, non-disability SSI and Veterans’ benefits. We also handle bankruptcy matters for qualified clients who are in danger of losing their homes.

In 2001 we began a Grandparents’ Rights Program (renamed the Relative Rights’ Project) through a partnership with the Erie County Department of Senior Services. The goal of this program is to provide support to seniors caring for minor children. A secondary goal is to preserve intact families and keep children out of the foster care system. The project is funded by Erie County with a federal grant through Title III-E of the Older Americans Act. Older relative caregivers can get assistance with custody and adoption of their minor family members and can also obtain help with issues involving the child’s (and their own) public benefits.

Clients Served

Buffalo is the second poorest large city in the country. According to the 2000 census although Western New York is generally losing population, as the baby boomers age, the percentage of seniors will actually increase. Erie County estimates that by 2015 there will be a 73.8% increase in the number of seniors age 85 and older as compared to 1990 and that almost 1 in 4 residents will be sixty or older. www.erie.gov/dept/seniorservices. As the number and percentage of seniors increase in all counties of Western New York, there will be an increased need for our services to advocate for clients, many of whom will have lost family support as younger people leave the area. The problem was highlighted by a September 5, 2007 article in the Buffalo News:

“As the baby boom turns into the elder boom in the coming years, economically struggling areas like the Buffalo Niagara region are likely to face a squeeze providing needed services for their swelling core of older residents, a new study said Tuesday. The report, from the Federal Reserve Bank of New York’s Buffalo branch said upstate New York’s high concentration of older adults will spur increased demand for senior-related services and affordable housing at a time when governments and nonprofit groups are strapped for cash... “This is going to be an increasingly important issue for us” said Richard Deitz, the Federal Reserve branch’s senior economist, who wrote the report with former Fed economist Ramon Garcia. They are going to be seeking more money in the context of tighter budgets and fiscal distress” Deitz said. ‘The demand for services and infrastructure tends to be greatest in those parts of upstate New York that are already experiencing fiscal stress because of rising expenditures and eroding tax bases.”

This year LSED closed 998 cases, providing assistance to 1,327 Western New Yorkers. Based upon the information from our closed cases, it is possible to get a picture of our client population. The typical client in 2007 was more likely to be female (61%), and disabled (55%). 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: 56% of our clients were age 75 or older in 2007. Although the Older Americans Act prohibits us from having a strict income test for eligibility, we target economically and socially disadvantaged individuals.

As required by the Older Americans Act, every client receives a survey at the close of his or her case. An impressive 95 % of our clients are either very satisfied or satisfied by our services and staff. The following comments are typical:

“I can’t stress enough how valuable your program is to those of us trying to protect our grandchildren. Please keep up the great work you do”.

“I am very thankful that you offer services for the elderly and as an older person, we need representatives because lots of people try overlooking the elderly in hard times.”

“I suggest that the great work that’s being done there be kept up. The help I received from Mr. Tom Hayduk was a blessing from God”.

Funding

LSED receives significant funding through the federal Older Americans Act, which is distributed to the New York State Office for the Aging and finally to the county Departments of Senior Services. LSED contracts with several Western New York counties in the proportions illustrated in the attached graph. Our single largest funder is the Erie County Department of Senior Services.

In 2007, LSED received another grant from the Interest on Lawyers Account (IOLA) in the amount of $110,000.00. 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 2007. This source of revenue supplemented our governmental contracts, allowing us to serve many more clients than would otherwise have been possible. IOLA provides critical support for our outreach programs to Hispanic and African-American elderly.

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

We are fortunate to have the support of the local foundation community and the United Way. In addition to the United Way Donor Designation Program, we received a one-time grant in 2007 from the United Way to support our move and collaboration with several local legal services programs. In addition, we received a total of $31,000.00 in grants during the fiscal year from the following private foundations:

The Cameron Baird Foundation $10,000.00

The J.P. Morgan Chase Foundation 10,000.00

M&T Charitable Foundation – golf 6,000.00

Evans-Devereux Trust Article ll 5,000.00

$31,000.00

Each year we must ask the local community to support the work we do. We run both an annual golf tournament and a direct mail drive. In addition, we use staff 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 and fundraising totaled $53,175.00.

We would like to thank the following individual donors who supported us in 2007. The list reflects donations received during the 2007 calendar year. We apologize if we neglected to include anyone. Please call Karen Nicolson at 853-3087 if we need to make any corrections.

Abbano, McLaughlin & Kedzielawa Abbott. Tills & Knapp A.G. Edwards Peter S. Aiello, Esq. David H. Alexander, Esq. Sharon Anscombe Osgood, Esq. Aqua Sewer Service Asa Ransom House Brian Baird, Esq, Sunil Bakshi, Esq. Patrick Balkin, Esq. Ballow Law Firm The Barnes Firm Kenneth F. Barone, Esq. Mary Barone Roy A. Bass, Jr. Peter J. Battaglia, Esq. Michaelene Bauer Leon P. Beaner Beechwood Continuing Care Charles Beinhauer, Esq. Thomas W. Bender, Esq. Bengart & DeMarco, LLP George Berbary, Esq. Jan Berg Elizabeth Bergen, Esq. Katherine J. Bestine, Esq. David W. Beyer, Esq. Lisa Block-Rodwin, Esq. Ann Marie Boland, Esq. Diane F. Bosse, Esq. Jennifer D. Bowen, Esq. Brautigman & Brautigman Briarwood Manor, Inc. Brian Brockway, Esq. Dr. Harold Brody Philip Brothman, Esq. Gregory L. Brown, Esq. T. Alan Brown, Esq. Joel Brownstein, Esq. Chris Brunea, Esq. Thomas E. Brydges, Esq. Buffalo Law Journal R. Colin Campbell, Esq. Canterbury Woods James N. Carlo, Esq. Alan S. Carrel, Esq. Jerome D. Carrel, Esq. Patricia Carrington, Esq. Thomas Cassano, Esq. Charlie Catalino L. Cercone Anthony F. Cerrone, Esq. Stephen Ciocca, Esq. Mollie Ciocca John S. Cipolla, Esq. Paula M. Ciprich, Esq. Sanford L. Clark, Esq. Lynn A. Clarke, Esq. Cohen & Lombardo PC Frederick Cohen, Esq. Maura Cohen Edward & Linda Coleman Kim Coleman, RN Michael Collins William B. Collins, Esq. Elisabeth Colucci, Esq. Colucci & Gallaher Robert B. Conklin & Mrs. Conklin Joseph Connelly, Esq. Mary Joan Connelly Robert W. Constantine, Esq. Cookie Expressions Hon. Edward Cosgrove Peter L. Costa, Esq. George L. Cownie, Esq. Joseph F. Crangle, Esq. Brian Crosby, Esq. Crossroads Christian Church. Hon. John T. Curtin Craig M. Cwick, Esq. William Daetsch, Esq. Victoria D’Angelo, Esq. Michael Dauman, Esq. Designed Settlement Services Linda De Tine, Esq. Sheila S. Dickinson, Esq. Linda DiPasquale, Esq. Melinda Disare, Esq. Thomas Disare, Esq. Mark Dura Thadeus J. Dziekonski, Esq. Gayle Eagan, Esq. James Eagan John D. Edick Susan Egloff, Esq. James D. Eiss, Esq. John B. Elliott, Esq. Dr. Nora Elman Dr. Richard Elman Warren Emerson, Esq. Patrick Emmerling, Esq. Robert S. Esposito Evans & Evans Hon. Leo Fallon Thomas C. Farley, Esq. David A. Farmelo, Esq. Wendy K. Fechter, Esq. Joshua I. Feinstein, Esq. Feldman, Kiefer & Herman Helen Ferraro-Zaffram, Esq. Walter Ferry Robert A. Fiordaliso, Esq. Cheryl Fisher, Esq. John Flaherty, Esq. Michael Flaherty, Esq, Sheila Flaherty Howard Frank, Esq. Jeffrey Freedman, Esq. Dr. Jack Freer Wayne I. Freid, Esq. Sandra B. Friedfertig, Esq. Fred Friedman, Esq. John J. Fromen, Sr., Esq, Thomas Gaffney, Esq. GAR Associates, Inc. Henry D. Gartner, Esq. Patricia A. George, Esq. Hon. Joseph Gerace Mary Gerace Daniel Gertsman, Esq. Sharon Gertsman GHI Insurance Arthur J. Giacalone, Esq. Gibson, McAskill & Crosby Petter S. Gilfillan, Esq. Herman J. Ginsburg, Esq. Howard Gondree, Esq. Lillian Gondree Richard H. Gordon, Esq. Garry Graber, Esq. William D. Grande, Esq. Karen Gray Leslie Mark Greenbaum, Esq. Richard F. Griffin, Esq. Mark Grisanti, Esq. Mark Gruber, Esq, Mara Gruber, Esq. Gurney, Becker & Bourne Michael Hagelin, Esq. Hagelin & Kent Charles J. Hahn, Esq. David Hall, Esq. Bonnie Hall Hamberger & Weiss Mark W. Hamberger, Esq. Thomas Hanifin, Esq. Vincent O. Hanley, Esq. Paul M. Hassett, Jr., Esq. Mary Louise Hayden, Esq. Ann W. Herman, Esq. Ann Giardina Hess, Esq. Thomas Hewner, Esq. Marilyn Hochfield, Esq. Hodgson Russ LLP Hogan & Willig Homemakers of Western New York David A. Hoover, Esq. Hurwitz & Fine Independent Health Jaeckle Fleischmann & Mugel James Amato & Co. Alice Joseffer, Esq. M. Todd Joseph, Esq. Hon, Norman E. Joslin George Kanner, Esq. Judith D. Katzenelson, Esq, Kavinoky Cook LLP Frank Kedzielawa, Esq. Joseph W. Keefe, Esq. Thomas F. Keefe, Esq. Kenney, Shelton, Liptak & Nowak LLP David H. Kernan, Esq. Joan B. Kernan Hon. Mary Ann Killeen Peter M. Kooshoian, Esq. Ken Kraus, Esq. Karl W. Kristoff, Esq. Eleanor T. Kubiniec, Esq. Paul W. Kullman, Esq. Richard S. Kwieciak, Esq.

Steve Lamantia, Esq. Hon. John P. Lane Frederick M. Lang, Esq. Susan Lankenau, Esq. Dr. Toby F. Laping John Francis Leone, Esq. Stuart G. Lerman, Esq. Paula Leszak Lipsitz & Ponterio Sally B. Logan, Esq. Lombardo Funeral Home Denis & Mary Ellen Loncto Tom & Mary Ellen Loncto Mark Longo, Esq. Rocco Lucente, Esq. Linda L. Lucente M&T Bank James L, Magavern, Esq. Magavern Magavern Grimm Hon. David J. Mahoney Main Seneca Corporation Sam Maislin, Esq. William D. Maldovan, Esq. James M. Maloy, Esq, Giles Manias, Esq. H. Jeffrey Marcus, Esq. Robert L, Marinelli, Esq. Edward J. Markarian, Esq. Mindy L. Marranca, Esq. Linda J. Marsh, Esq, Amy C. Martochi, Esq. Karen L. Mathews, Esq. Brenda A. Mattar, Esq. Karen McCafferty, Esq. Athena McCrory, Esq. Lisa McDougall, Esq. Philip H. McIntyre, Esq. Kathy McFee Donald F. McKenna, Esq, Kathleen E. McMahon-Stoll, Esq. Robert R. Meiss Laurie Menzies, Esq. Hon. Ann Mikoll James Mil Craig L. Miller, Esq. David C. Mineo, Esq. James Milbrand, Esq. Francine E. Modica, Esq. Richard E. Moot, Esq. Timothy Mordaunt, Esq. David J. Murray, Esq. Thomas W. Nelson, Esq. Karen L. Nicolson, Esq. Hon. John O’Donnell Randall M. Odza, Esq. Rita Odza Francis J. Offermann, Jr., Esq. Michael Olear Victor Oliveri, Esq. Timothy O’Mara, Esq. Randolph C. Oppenheimer, Esq. Patrick C. O’Reilly, Esq. Hon. William J. Ostrowski Edward A. Pace, Esq. Thomas C. Pares, Esq. Michelle Parker, Esq. Mark Parker Debbie Paulson Mark Pearce, Esq. Personius Melber LLP MJ Peterson Real Estate Plesh Industries Ron Plesh Carmen Polito People. Inc. Personius Melber LLP Paul A. Peters, Esq. MJ Peterson Real Estate Pfalzgraf, Beinhauer & Menzies Pfeiffer & Pfeiffer John J. Phelan, Esq. Phillips Lytle Susan M. Piver, Esq. Steven H. Polowitz, Esq. Daniel Polowy, Esq. Arlene Polowy Kevin Powers, Esq. Jean Powers Praxair Inc. Christopher Privateer, Esq. Public Abstract Corp/First American Title Theodore J. Pyrak, Esq. Michael Pysz, Esq. Lawler F. Quinlan III, Esq. Radack & Hartnett Jack Reich, Axa Advisors Shari Jo Reich, Esq, Bruce D. Reinoso, Esq. Roland Richards, Esq. George E. Riedel, Esq. Barbara A. Riedel Amy Rosen-Brand Howard S. Rosenhoch, Esq. Valerie Rosenhoch Richard P. Rosso, Esq. Arthur A. Russ, Jr., Esq. Louis J. Russo, Esq. Joseph F. Saeli, Esq. Sammarco, Mattacola & Sammarco LLP Michael A. Schiavone, Esq. Geralyn Schiffler, Esq. Sam Sharpiro, Esq. Denis Scinta, Esq. Eugene M. Setel, Esq. Michael R. Shannon, Esq. James M. Shaw, Esq. James P. Shea, Esq. Richard Sherwood, Esq. Myron M. Siegel, Esq. Robert Sillars, Esq. David Silverberg, Esq. Tara Singer-Blumberg, Esq. Michael Siragusa, Esq. Regina Siragusa Carrie Smith, Esq. Dr. Joann Smith Jamie Smith, Esq. Christopher Smolka, Esq. James Smyton, Esq. Patricia Smyton Margaret L. Snajczuk, Esq. Edward J. Snyder, Esq. John Spadafura, Esq. Mark Spitler, Esq. Mark Starosielec, Esq. Thomas Steffan, Esq. Michele Sterlace-Accorsi, Esq. Mark Steiner, Esq. Paul Suozzi, Esq. Brenda Symans Anthony Szczygiel, Esq. Teamsters Local #264 John C. Thompson, Esq. Ticor Title Insurance Susan Tobe, Esq. Richard Tobe Thomas V. Troy, Esq. Denis J. Uminski, Esq. Robert W. VanEvery Radhika Varavenkataraman Frank Vavonese, Esq. Mary E. Virginia, Esq. Hon. Dale M. Volker Waddell & Reed, Inc. Dan Walh Dave Walh Patrick J. Walh Robert M. Walker, Esq. Daniel John Ward, Esq. Thomas M. Ward, Esq. Michael A. Wargula, Esq. Paul C. Weaver, Esq. Lester H. Wedekindt Inc. Funeral Home Brian J. Weidner, Esq. Cathryn A. Weidner Joseph Welter, Esq. Justin White, Esq. Cliff Whitman Furnette Williams Williams & Williams Douglas L. Winokur, Esq. Wayne D. Wishbaum, Esq. Hon. Penny Wolfgang Wolfgang & Weinmann Laurence H. Woodward, Esq. Marilyn B. Wray, LCSW-R Phyllis A. Wray Diane Wrightson Raymond V. Wylegala, Esq. Robert Zahm, Esq. Marilyn Zahm Nelson Zakia, Esq/ Paul Zarembka Joseph E. Zdarsky, Esq. Arnold Zelman, Esq, Marjorie Zelman Arthur J. Ziller, Esq. George M. Zimmerman, Esq. Helen W. Zimmerman

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 175 hours of free law student services in 2007.

Publications and Presentations

Thousands of seniors and their families heard about our services this year through the media. We were interviewed on radio, newspapers and television several times this year about Medicare Part D, Social Security, predatory lending, and tax foreclosure issues. Our staff is in demand as lecturers and, during this past year, we spoke to 26 separate groups. In addition, this year we again partnered with Volunteer Lawyers Project to train volunteer attorneys on the issue of city tax foreclosure process. Our staff provided the materials and presentations to private bar attorneys who agreed to take cases pro bono, thereby increasing the numbers of clients who were able to get legal assistance and avoid losing their homes. This year, we started our Elder Abuse Training Project, supported by a grant from the United Stated Department of Justice Office on Violence against Women. Our office, along with our partners helped produce the booklet “Abuse & Exploration of the Elderly: Potential Legal Remedies.” Finally, this year, we partnered with the New York State Bar Association’s Elder Law Section to start free Elder Law Clinics utilizing our staff and probono attorneys from Erie County. It is our goal to conduct 3-4 per year in various senior centers throughout Erie County.

Finally, our staff members have taken leadership roles in the aging community. This year staff members have served on the Board of 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 Multidisciplinary Council on Elder Abuse Steering Committee, served on the Mayor’s Anti-Flipping Task Force, Kenmore Mercy Ethics Committee and as the Medical Society of the County of Erie’s liaison with the Bar Association.

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. In 2007, we started working with Bill Graham from the New York State Office for the Aging, and a coalition of Aging advocates on a statewide legal needs survey for older New Yorkers.

We received a referral on behalf of a 90-year-old client. She lived on SSI, but due to a series of medical problems and dementia, was unable to manage her finances. As a result, her resources went slightly over the $2,000 resource level and remained over the limit for a full year. Individuals on SSI can have no more than $2,000 in resources. Even one dollar over that amount results in an overpayment of SSI for each month The family was shocked to learn that due to a small amount of “excess” resources she had a $5,680 overpayment to repay out of her monthly SSI check.

We represented her at an administrative hearing and had her overpayment waived due to her age and poor health.

An 85-year-old woman contacted us because she had been informed by Social Security that she could no longer handle her affairs. Her checks would be sent to her daughter as a representative payee. Her right to her own income had been terminated without a court proceeding or any type of hearing by Social Security. She was distraught because she did not want her daughter making decisions for her and wanted to remain in her home. We contacted her physician who wrote a letter supporting her ability to manage her affairs. After speaking with the physician and Social Security, our client re-gained her right to manage her own income.

A 64-year-old disabled woman called our office because she was paying a spenddown of $210 on Medicaid out of her income of $1,000. She had private health insurance coverage from her previous employer and had been told by Medicaid to drop it. Our staff paralegal determined that she should keep her private health coverage due to her pre-existing condition, drop Medicaid and pick up coverage through the Medicare Savings Program. She dropped her Medicaid coverage and saved a net of $146 per month.

Mrs. K. had had radiation treatments for advanced throat cancer, which destroyed her salivary glands and narrowed her esophagus. Subsequent to the treatment, her teeth began rotting and falling apart in chunks sufficient to create a choking hazard. Her doctor referred her to an oral surgeon who removed all her teeth. The insurance company denied based on the dental exclusion and the ALJ granted coverage. However, the insurance company refused to pay the surgeon, claiming it had a stay pending appeal to the Appeals Council. We intervened and obtained payment, the Appeals Council reversed the ALJ, and we filed a complaint in Federal Court on behalf of Mrs. K. Finding that the extraction of the teeth was part of a medical procedure, the Federal Judge, granted coverage for our client.

Relatives’ Rights Project

Through a contract with the Erie County Department of Senior Services with pass through funds from Title III-E of the Older Americans Act, we offer legal representation and advice to older caregivers in the areas of custody, guardianship, adoption and public benefits. This year our project staff helped 72 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.

Our client was a 69-year-old maternal grandmother who sought custody of her young grandson. The mother of the child had a history of drug abuse and was unable to participate in the child’s life. The father also had a history of drug use, but was in a drug rehabilitation program and working hard to become a better parent. During this time, the maternal grandmother sought our help, so that the child would not be placed in the foster care system. We helped our client obtain full custody of the child. Meanwhile, the father eventually became drug free. The maternal grandmother and father worked together for the best interest of the child and eventually the court awarded custody to the father, with our client’s consent. She continues her relationship with her grandson through regular visits and phone calls.

Protective Services

LSED handles a limited number of highly labor-intensive protective services cases when appointed by the Court as guardian. LSED’s services as guardian are typically in situations where intervention is sought by a hospital for an indigent patient who may not be capable of giving informed consent, or in cases of elder abuse.

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 often the only advocates for individuals who are poor, sick and often forgotten. Partial funding is provided by a grant from the Evans-Deveuax Memorial Trust.

We received a call from a nursing home regarding a 57-year-old female, estranged from family and friends due to
excessive alcohol use.  She was removed from her home by the local
police after several complaints from neighbors about suspected
abuse.  Numerous attempts to use community services failed due to
client's non-compliance.  Last year an alleged perpetrator was
arrested and she was hospitalized.  She was then transferred
to a Skilled Nursing Facility and diagnosed with Korsakov's
dementia. However, she was highly functioning and not appropriate for nursing home care. Our agency was appointed Successor Guardian.   We had her re-evaluated and transferred to an assisted living facility. We have control of finances, and have cleaned out her house, which was full of debris and is currently on the market. In addition we were able to complete the process for SSD which was retroactive over 2 years allowing her Medicare benefits. She is flourishing in her current location. She is well groomed, healthy, participates in all activities and helps with the other residents, which makes her happy. Most importantly, she is safe.

Cattaraugus County

We continued our partnership with the Cattaraugus County Department of the Aging in 2007. Staff attorney, Bill Berry, made monthly visits to the county in order to visit clients, conduct intake, and appear in court.

Mrs. G., a deaf client, who was in financial difficulty because she couldn’t manage finances and was consistently taken advantage of. She indicated that she wanted someone to help her, but also wanted them to be accountable. We petitioned for a voluntary guardianship in State Supreme Court and, with the client’s consent, got a sympathetic relative appointed to manage her finances.

Mrs. W. spent several months in a nursing home on Medicaid and then returned home. She was concerned because she had a Medicaid lien on her home and had not been able to obtain a release of lien. We obtained the Release of Lien from the County Social Services attorney, to the great relief of the client.

Mr. B was convinced by a financial adviser to switch annuities. He failed to complete proper tax forms creating a non-taxable roll-over, costing him approximately $30,000.00 in taxes and penalties. We submitted a complaint on his behalf to the State Insurance Department, which found favorably for him and is in the process of making him whole.

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 64 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 73-year-old man was institutionalized by his youngest son against his wishes. The nursing home refused to allow other family members to visit him and refused to allow him to return home. The matter was litigated and we represented the gentleman in State Supreme Court. With his consent, two other children were appointed as his guardians. In addition, the judge ordered the facility to allow any visitors he wished. The Order also gave our client the opportunity to return home with the assistance of a caregiver. The youngest son now has no control over the person or property of our client.

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.

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. 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.

Mrs. M., a severely disabled woman, was being evicted from her home. She had suffered a stroke and was wheelchair bound and oxygen dependent. When we visited her, we discovered that her apartment was not wheelchair accessible and she could not use her oxygen because she needed space heaters to heat the apartment. As we defended her in the eviction, our social worker worked with her to find a handicapped accessible apartment. We were able to buy her enough time with her previous landlord to allow for a transition to a more appropriate apartment that met her needs.

D., a low income single mother with six children, had a foreclosure sale scheduled in two weeks. She had no idea where she would find an apartment large enough to accommodate her family on her income and she worried her family would become homeless. Her attorney would no longer help her, as she had no funds to pay for his services. We filed a bankruptcy on her behalf and the foreclosure sale has been halted. She has remained current in her bankruptcy payments and she and her family continue to live in her home.

A 75-year-old married woman discovered that her home had been sold at the City Tax Foreclosure. Her husband, who handled the finances for the two of them, had fallen into depression due to ill health and the onset of dementia. Although the wife borrowed $500 to pay the city arrears, she did not pay off the entire amount and the house was sold to a third party for less than $1,000.

We contacted the individual who bid on the house and he agreed not to object to our Order to Show Cause if we could get his $6,000 bid returned from the City. We filed the Order to Show Cause to rescind the sale, the City agreed to refund the bid to the third party and we negotiated a payment plan with the city on the tax arrears. The property was returned to our clients and they remain in the 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. 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.

Client is wheelchair bound paraplegic who has several diagnoses including muscle wasting disease which has caused her to lose the use of her lower body; therefore, she has significant personal care needs. She lives with her elderly mother, her 21-year old daughter and 3-year old grandson. Family provides care as they can in light of the fact that the mother is elderly with health problems of her own and daughter is working and caring for her young son. The CHHA initially put in an HHA twice a week. Through our advocacy efforts we were able to increase to five days a week Monday – Friday.

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 filed suit in Allegany County Supreme Court against a Medicare supplement policy for over $36,000 in denied payments for 178 days of nursing home care at a local nursing home subsequent to Medicare exhaustion. Although private health insurance contracts often provide nursing home coverage, many companies deny other Medicare exhaustion at day 101. We settled the case in late 2007 and the insurance company was forced to provide nursing home coverage as promised in their policy.

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.

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.

Client suffered from diabetic neuropathy (nerve pain from diabetes) and was in constant pain which made it impossible for her to sleep at night. Her doctor prescribed Lyrica, but it was rejected by her Medicare Part D Plan as being too expensive. However, the client could not use the drug the insurance company wanted her to try, due to her allergies. We discovered that the drug was covered on the drug formulary but for a different treatment. We appealed the decision and got her the treatment that her doctor prescribed.

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 2007, 43% of our clients identified themselves as not Caucasian. In 1999, only 26% of our clients self-identified as non-white. Our Hispanic Outreach Program, as well as our outreach efforts into the African-American community, is supported entirely by our grant from the IOLA Fund.

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.

Staff

Karen L. Nicolson, Esq. Executive Director

Michaelene Bauer, Office Manager

Robert S. Esposito, Administrative Assistant

Eileen Hotho, Special Events Coordinator

Beata Banas, Esq., Staff Attorney

William W. Berry, Esq., Staff Attorney

Carol Brent, Esq., Staff Attorney

Helen Ferraro-Zaffram, Esq. Staff Attorney

Stephanie Oates, Esq., Staff Attorney

Anthony Szczygiel, Esq., Clinic Professor

Kathleen M. Kanaley, BSW, Social Worker

Nicole Blackwell, Staff Paralegal

Thomas E. Hayduk, Staff Paralegal

Cheryl Kostrewa, Staff Paralegal

Brenda Symans, Staff Paralegal

Furnette Williams, Staff Paralegal

Mary Ellen Loncto, Secretary

Judy Piwowar, Secretary

Kathleen Philip, Receptionist

 

 

Legal Services for the Elderly, Disabled or Disadvantaged of WNY, Inc.
237 Main Street, Buffalo, NY 14203, Telephone (716)853-3087
Last Updated: July 2008