THE DANDELION CONNECTION
Ellicott Square Building., 295 Main Street Room 495, Buffalo, New York 14203
(716) 847-0655 ext. 402  www.nls.org

in this issue..
Student loan Discharges
Tax News You Can Use 2001
Maggie’s Corner
What is Worker’s Compensation?
School Lunch Program News
Child Care Corner
Tenant Tip
Recipe

        Do you have student loan debt? Are you having trouble managing it? Did you know that there are new laws that allow the government to take money out of your social security check each month to repay old student loan debts? Did you also know that there are ways to get rid of, and/or deal with your outstanding student loan debt?

        In addition to standard deferments and forbearances (which put payments on hold for certain reasons), there are several lesser known cancellations - or discharges, that are available to certain student loan borrowers to get rid of their student loan debt altogether.

        This article lays out the basic rules concerning cancellations that may be available to you. There are many variations and specific laws that apply, but generally you may qualify to get a loan cancelled or discharged if:

• The school closed while you were still enrolled; or

• The school falsely certified your eligibility; or

• The school didn’t pay you a refund that it owed you; or

• You are totally and permanently disabled.

        You may be eligible for a closed school discharge if your school closed down before you completed a program, even if the school gave you a certificate or degree. You may be eligible if you were still enrolled at the time the school closed, or if you withdrew, or took a legitimate leave of absence from the school before the school closed. In order to get this discharge you must have received your loan after January 1, 1986.

        You have to apply to get this discharge and there is no time limit for your eligibility for a discharge. Call Project Dandelion if you would like a copy of the discharge application.

        You can get this type of discharge if you got your loans after January 1, 1986 and if your “eligibility to borrow was falsely certified by the school.” This could include:

• The school falsified a non-high school graduates ability to benefit (for instance, you did not have your high school diploma, GED or weren’t given an ability to benefit test) or,

• You couldn’t meet minimum requirements for the job you were being trained for because of a physical or mental condition, age or criminal record (for instance, a profession that requires a 10th grade education, but you never finished 7^th grade and they accepted you into the school anyway) or;

• The school altered or forged your name on the loan note or endorsement check to get money that you did not owe to the school.

        Many borrowers sign up for school, only to never attend or withdraw from the school - then to find that they are still charged the full amount of the loan. If you signed up for school but never attended or withdrew or terminated your studies within an allowable time period when you were still entitled to a refund, you may be eligible for this discharge. As a general rule, if you completed 60% of the course, you are not entitled to this discharge.

        If you are permanently and totally disabled you may be eligible for this type of discharge. The law says that you have to “be unable to work and earn money because of an injury or illness that is expected to continue indefinitely or result in death.” If you had the disability at the time you got the loan, your condition must be significantly worse to qualify for this discharge.

        Under a recent change in the law, there will be a re-review of your eligibility for this discharge in the 3 years following your application and acceptance.

        To apply, you will need to have a doctor fill out the disability discharge form. If you are disabled and would like a copy of this form please contact Project Dandelion.

        Additionally the borrower’s death or death of a parent for PLUS loans are the basis for death discharges. In almost all instances, a death certificate will be required to qualify for this discharge.

What happens if I get a discharge?

        If you are granted any of these discharges, the loan, both principal and interest, collection costs—and all other charges will be forgiven and you could be reimbursed for all money that you paid on the loan. You will no longer be considered to be in default, and you will be eligible for new loans and grants again.

        The benefits of these discharges are great, but they are also very complex and sometimes the loan holders make it very hard to get a cancellation or discharge even if you qualify for one of them.

        If you have outstanding student loan debt, no matter if you are currently on a payment plan, in default, are unsure of your status, or if you think you may qualify for one of the discharges listed, you may have several options in dealing with your debt. Contact Neighborhood Legal Services, or come to our Student Loan Clinic that is held at NLS on the first Tuesday of each month at 2:00 p.m. The clinic is free to all income eligible participants.

Tax News You Can Use!

    Tax season is upon us once again . . . And once again Project Dandelion wants to make sure that you are aware of some of the tax issues and programs that may affect your tax return! These are brief descriptions - for more information see the resources listed at the end of the article!

    Low income working individuals and families may be eligible for the Earned Income Tax Credit, based upon your household size, and your income. Even if you don’t OWE any taxes - you may still be eligible for this credit, and therefore may receive a LARGER REFUND!

    If you have two or more children, and earned under $32,121 - you are eligible for a credit. If you have one child, and earned under $28,281; or if you are single, live on your own, have no children, and are over 25 years old and earned under $10,710 - then you are also eligible!

    A qualifying child for EITC purposes may include: natural or adopted children, a grandchild or stepchild within your household, or foster children in certain circumstances. There are several other requirements (including a maximum of investments) - so check with the IRS, or your tax preparer to see if you qualify. You claim the EITC by filing a federal tax return on Form 1040A, 1040, or 1040EZ.

    If you receive public assistance—remember that the EITC will not count as income for cash assistance purposes, but it can count for food stamp resources purposes. If you have questions about this, contact Project Dandelion, or your caseworker immediately.

    If you paid someone to care for your dependent under the age of 13, or a disabled spouse so that you could work or look for work - then you may be eligible for this large tax credit! The cost of care can include costs for child care centers or in-home providers, day or summer camps, or babysitters - although the cost of care provided by your own child who is under 19, or by someone who lives with you (like a grandparent or other relative) will not count for this tax credit.

    You may only claim the actual cost of care that you had to pay out-of-pocket. Therefore, if you receive Social Services child care benefits - you may ONLY claim the amount that you paid for your parental fee. You must also have the name, address and tax identification number from your child care provider (they must provide this to you when asked).

    Use Schedule 2 on form 1040A, or form 2441 on Form 1040 - but you cannot claim a child care credit on a form 1040EZ.

        If you have custody (legally or informally) of children who are related to you - consider the following before you declare the children as dependents on your tax return! If the children receive public assistance - and you declare the children dependents - you are declaring that you contribute at least 50% of their living expenses. Therefore, by law the Department of Social Services may reduce the children’s grant by one-half!

Where To Go for Tax Help - as published in the last Dandelion Connection - you can seek free assistance with your tax returns at many VITA sites across our area. Call the VITA site at the Kensington-Bailey Community Center at 838-4343 for numbers of other locations. Also - if you have an adjusted gross income under $25,000 you can file your tax return for FREE on-line at www.quicken.com/freedom.

Maggie’s Corner

        As many people continue to transition off of welfare due to employment, they now face a different set of issues to deal with. One of these issues may be suspended utility accounts. If your utilities have been on voucher while you were on public assistance, a certain amount of debt may be temporarily withheld or “suspended.” Once your case is closed, you may open your utility bill only to find that a large amount of money is now owed to the utility company.

        My tip? Open the bills that you receive in the mail even if you are on voucher. Contact the utility companies to see where your account stands, and try to pay even a small amount towards the debt each month. This will not only decrease your balance, but will help you to build a good credit history with the utility company when you need it most.

        Also: as of this printing, HEAP assistance is still available, but for more info call their hotline at 858-7644.

Community Spotlight on:
Holy Cross Head Start, Inc.

        Holy Cross Head Start, a delegate agency of the Community Action Organization (CAO) of Erie County, is a child development program offering comprehensive services to three and four-year-old children and their families. Along with meeting the educational and socialization needs of children, Head Start links families with health, mental health, disabilities, and social services providers—and provides support to families as they work to achieve their goals. In addition, Head Start strives to involve parents and other community members in the program in order to offer a variety of parent and volunteer involvement opportunities.

        Head Start is primarily a program for income eligible families, but 10% of the families served may be over the income guidelines. Head Start also actively serves and welcomes children who are disabled.

        Holy Cross Head Start serves children and families in the Buffalo, Tonawanda and Akron areas through part-day, extended-day, and full-day child care options.

        For more information on enrolling a child in Holy Cross Head Start, or to volunteer with their program, please call the center nearest you:

Holy Cross Center:                                                          Maryland St, Buffalo 852-8373
Northwest Center:                                                           Lawn Ave., Buffalo 877-5022
Parkside Center:                                                             Sher-Parkside, Tonawanda 876-0100
Central Center:                                                               Clinton St., Tonawanda 695-0936
Akron Center:                                                                Church St., Akron 542-2962

        For every person that works in New York State it is important to know your rights regarding Worker’s Compensation Benefits (WCB). If you are in an accident or injured in the course of your employment (either while at work, or while performing some job function) WCB are there to assist you. WCB provide for the coverage of the medical treatment required for your injury and a portion of the wages that you lose while you are out of work because of that injury.

What to Do if You Are Injured at Work

        When possible - make sure an accident report is filed at your job, and your employer is aware of the incident. Often this accident report will be filed by the employer to the Worker’s Compensation Board automatically. However, it is important to know that you can file your own accident report (it is called Form C-3) with the Worker’s Compensation Board.

        When you are injured you are free to see any doctor that you choose - so long as they are licensed to treat Worker’s Compensation patients with New York State. Make it clear to your doctor the details of how the injury occurred, as the medical report that they write will be a factor in your Worker’s Compensation case. You may also be required to see a doctor of the WCB insurance company for their review as well.

How Much WCB do I get?

        If your case is accepted by your employer’s insurance company - the costs of all medical treatment relating to the injury will be covered, as well as a portion of your lost wages. There are no income or resource levels for WCB - therefore you can own property, and/or have other sources of income in your household and still be eligible for WCB.

        Wages: If the doctors state that you cannot return to work (for a certain period of time, or indefinitely) because of your injury, your lost wages from this time will be compensated at a rate of 2/3 or your Average Weekly Wage. The reason that the WCB are only 2/3 of your normal wages is because WCB are not taxed. The coverage of your lost wages will continue for so long as you have medical evidence to show that you are unable to return to work because of your injury or that you are unable to make as much money as you did prior to your injury once you return to work.

    Medical Costs: The costs of all medical care related to your injury will be covered for life.

What if My WCB Claim is Denied?

        Sometimes a WCB claim is denied by an employer’s insurance carrier. Common reasons for claims not to be accepted include: a dispute regarding the accident itself, whether or not there is a pre-existing physical condition that led to the injury, or when there is a lack of medical evidence to support the claim. You are entitled to fair hearing before a Worker’s Compensation Law Judge each time a controversy like this arises. If this occurs, you should follow the directions on your notices in order to preserve your right to call a hearing. You may represent yourself at these hearings, or you may seek the assistance of a Worker’s Compensation attorney.

        For more information on Worker’s Compensation - visit the Worker’s Compensation website at www.wcb.state.ny.gov, or call the Buffalo office at 842-2166.

This article was written by Thomas Glynn, Esq. - Thomas was a law student intern at Neighborhood Legal Services in 1998, and is now an attorney at the law firm of Losi and Gangi - practicing in Worker’s Compensation law. You can reach Thomas Glynn at 854-1446.

        Did you know that you may apply for the free, or reduced cost school breakfast and lunch programs for your children AT ANY TIME DURING THE SCHOOL YEAR?

        There has been an important change in Social Security Administration policy regarding applicants or recipients of Supplemental Security Income (SSI). An applicant or recipient of SSI may now face sanctions for making false statements or misreprentations of fact made on or after 12/14/1999. Sanctions will be progressive, and last for the following periods of time:

                    1st Sanction:                                                          6 Months
                    2nd Sanction:                                                       12 Months
                    Each subsequent sanction:                                    24 Months

During each sanction, no SSI benefits will be given, but Medicaid benefits continue unchanged.

        During the sanction individuals may apply for public assistance (Family Assistance or Safety Net Assistance). If an SSI recipient with a durational sanction faces an emergency - they may apply for Emergency Assistance for Families (EAF) at Window 8 in the Rath Building.

        SSI cash benefits will automatically resume for those sanctioned for 6 months, and the SSA will contact recipients to determine eligibility. If there is a 12 month or longer sanction - the recipient MUST REAPPLY. SSA will notify recipients 60 days before sanction expires that they must make an appointment to reapply in order to determine resumed eligibility.

        Remember the Child Care Professional Retention Program Grants that were available to all child care providers last year? Well, the program has been renewed both for new applicants, AND for repeat applicants. This program rewards child care providers and their employees with a CASH GRANT just for staying on the job!

        The grant is available to providers and employees of child care providers who provide direct care in family, group-family or center-based care, for at least 20 hours per week. You must have been a child care provider for at least the last 12 months prior to your application, and you must commit to continue working in child care for at least the next 6 months after your application.

        Grants range from $300 to $750, depending on your level of education. There are limited funds, so be sure to apply as soon as possible! It is also important for as many providers as possible to take advantage of this offer so that New York will renew the program next year!

        New applicants (those that did not apply and receive funding in Year One of the program) can obtain an application by: printing one from the internet at: www.dfa.state.ny.us/ocfs/ccw, or you can call (518)473-1008. Renewal applicants (those who received a grant in Year One) will be sent follow-up paperwork for Year Two. If you do not receive the follow-up paperwork in the next few weeks, call the number listed above.

Everyone is entitled to and should be guaranteed a healthy and safe living environment. This is Part One of a two part series on how to be well informed when looking for an apartment so that you may make the best choice for you and your family.

Looking for the Apartment: So, you have decided you want to move, but first you must find a place, and where do you begin? You can start by searching the classified ads in the newspaper, the apartment finder magazines (which are free, you can find them in grocery store lobbies), reading postings at you local laundry mat, grocery stores, light poles, and even your local colleges will have listings. If you have access to the Internet, you can do an Internet apartment search. You can also walk or drive around the area you are interested in, take numbers and information from rental signs that you see. If you are in a position where you are not as mobile to find an apartment, you can contact the HOME agency at 854-1400, located at 700 Main St. on the 3^rd floor. HOME offers assistance with locating housing, by providing apartment listings in different areas of the city and suburbs.

Setting up the appointment: Keep in mind when looking at a potential apartment and landlord there are several things to check out and questions to ask even before you see the apartment! Ask if the landlord requires an application, security deposit, or if they do a credit check (remember you do not have to disclose any of your bank account information or social security number unless you choose to, and realize that if you do, it may become a problem at a later date if the tenant landlord relationship goes bad). Find out if the utilities are included in the rent, how many utility meters there are for each apartment, who is responsible for the upkeep of the yards, and who is responsible for shoveling walkways/driveways/sidewalks. Also ask if there is a signed lease, or if it is month to month tenancy.

At this point if you are still interested in the apartment, ask to make an appointment in order to see it.

In the next issue: Part 2 of Apartment Searching: Now that you are inside the apartment what do you look for and inspect?

Thank you to Dandelion Connection reader Nora T.Gavin for this submission!

2 tbsp. butter
1 small onion, chopped
1 green pepper, chopped
1 small can of corn kernels
|1 tomato, diced
3 cups of cooked rice (keep warm)
2 cups of cheese (your choice - cheddar, swiss, mozzerella - mix and match if you want!)
3 tbsp. whipping cream or milk
1 tsp. thyme
black pepper to taste
Black Pepper to taste

Heat the butter in skillet over medium heat. Saute onion and pepper for about 8 minutes until tender. Add corn and tomato and saute for 3 more minutes. Remove from heat, in large bowl mix with the rice, 1 cup of the cheese, cream, thyme and black pepper. Place in baking dish, sprinkle with remaining cheeses and broil until cheese is melted. Enjoy!

Do you need help with student loans? Overwhelmed by paperwork from your loans? Are you delinquent with your loan payments? Are you in default? Are your wages being garnished?

Project Dandelion can help.

Income eligible clients can get free advice and assistance. Call us at 847-0650 x 214 for information.

- Deal with your utility shut-offs, even in the summer!
- The Seamless Child Care Bill goes into effect!
- The Consumer Law Page
- A guide to understanding what gets taken out of your paycheck!
- And much more!

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