Your overpayment may have been created in one of three ways:

1. by fraud (intentional misrepresentation or concealment); or
2. by inadvertent household error (your action caused the overpayment, but not intention ally); or
3. by agency error (DSS made the mistake).

        You may receive a letter from SID asking you to come in to speak with them about an alleged overpayment. You must go to this interview to avoid discontinuance of your benefits. If you are receiving benefits with your minor children, your children's benefits cannot be stopped because you did not go to the appointment.

        If you are not on assistance when you receive a letter from SID, it is a good idea to attend the interview to find out why DSS believes that you were overpaid. If you do not go to the interview, DSS can sue you for the amount of the overpayment.

        An investigator will meet with you and will tell you that you have been overpaid. They will ask you to sign a repayment agreement and a Confession of Judgment. If the investigator does not explain why they believe that you were overpaid, ask questions before you sign any documents at all!

1. proof of the time period you were overpaid,
2. proof of the benefits received during that time period,
3. any other relevant proof, like proof of your wages, etc.

        If income you earned at a job caused the overpayment, then ask if you have been given the proper income disregards.

        You should take the following checklist with you and ask each question. If the answer to any of these questions is “yes,” ask your worker to investigate your case and recalculate the overpayment amount.

Yes     No     Am I entitled to earned income disregards that may reduce my overpayment amount?

Yes     No     Did the Department of Social Services (DSS) collect child support payments that may have reduced my overpayment amount?

Yes     No     Did DSS ever collect money under a lien that was put on my home or property or personal injury settlement or inheritance
                     that might reduce my overpayment amount?

Yes     No     Was there ever a recoupment that was taken out of my grant in the past that may have reduced my overpayment amount?

Yes     No     Has DSS ever seized my taxes that might reduce my overpayment amount?

Yes     No     Is DSS counting any income or resources that should be exempt?

Yes     No     Did DSS ever collect any money from the Social Security Administration when I first started getting SSI that may reduce my overpayment amount?

If any or all of these apply to you, you may owe less than SID says you do. SID will provide documentation at your request.

        If you agree that you were overpaid and agree to the amount of the overpayment, SID will offer you the following documents to sign:

(1) A repayment agreement, where you agree to repay DSS in set amounts over a set period of time. You can negotiate the terms of the agreement with SID depending on your ability to pay; and
(2) A Confession of Judgment where you are "confessing" to a court that you owe DSS the amount of the overpayment.

        If you are no longer receiving Public Assistance or Food Stamps, you can arrange a repayment agreement. Usually, DSS will ask you to pay off the overpayment within one year, but they cannot make you do so.

What happens if I sign the Confession of Judgment?

        Signing the Confession of Judgment is a serious matter. It has the same effect as a court judgment after a trial. In other words, DSS would not have to take you to court to collect the overpayment contained in the Confession of Judgment papers, and you waive all defenses you could raise in court.

        If you sign the Confession of Judgment, it has no effect until DSS files it with the court. DSS will not file the Confession automatically. DSS will only file it if you default on your repayment agreement for 60 days. Once DSS files this signed confession with a court, it automatically goes on your credit record as a legal judgment against you. Once this happens, fees and costs are added. Also, interest begins to accrue.

        You are not required to sign either the repayment agreement or the Confession of Judgment. However, if you do not sign the Confession of Judgment and DSS is forced to sue you in court, additional court fees of about $200 will be added to your original overpayment amount for which you will be ultimately responsible.

        If you do not agree that you were overpaid, do not sign these documents. If you sign them, you could make an appeal of your case more difficult. If you refuse to sign, and are receiving public assistance or food stamps, you will be sent a notice of overpayment telling you how much your grant will be reduced to "recoup" the overpayment. As soon as you receive this notice, you should request a fair hearing. At the hearing you should tell the judge why you believe you were not overpaid.

        If you are not receiving public assistance or food stamps and this is the first time you are being informed of the overpayment you are entitled to a Fair Hearing. You can request a Fair Hearing by telephone, fax, or mail. If you phone, get the name of the person you speak to. These lines are often quite busy and you may have to try 20 to 30 times to get through. If you write, you can put the reason for requesting the hearing on the back of your notice. Keep a copy of your letter and send it by certified mail. The correct address is:

New York State Office of Temporary and Disability Assistance
Fair Hearings P. O. Box 1930
Albany, New York 12201-1930
Telephone No. (716) 852-4868
Fax No. (518) 473-6735 (you must have form from Albany)

        If you are not receiving public assistance or food stamps at the time of your SID appointment and this is not the first time you were told of the overpayment, you are not entitled to hearing and DSS will ask you to sign a repayment agreement, and/or a Confession of Judgment, or it is possible that DSS will file a civil lawsuit against you in state court.

        Contact our office at 847-0650.

        If you are receiving public assistance contact your employment counselor. If you are not sure who that is, you can call 858-7481 and make an appointment to see your counselor. Working with your counselor, you will develop an employment plan that may include developing a resume, taking part in a job search or participating in a training program. All these activities will be designed to help you find a job, or get a better job in order to become self-sufficient.

        If you are not receiving public assistance, the Buffalo Employment & Training Center may be able to help you get started. The Center is located at 77 Goodell Street in Buffalo and you may contact the center at 856-5627. There are many job seeker services and workshops that can help you find a job.

INTERFAITH HOSPITALITY NETWORK OF GREATER BUFFALO
27 Jewett Parkway, Buffalo, NY 14214
716 836-9100

        Interfaith Hospitality Network of Greater Buffalo (IHN) is a group of local congregations from several denominations who have joined together to provide emergency shelter, meals, help in finding a permanent address and compassionate advocacy for homeless families.

        Affiliated with National Interfaith Hospitality Networks, Interfaith Hospitality Network of Greater Buffalo began serving homeless families in June, 1996.

        We serve homeless families. For our program, a family consists of parent(s) and at least one child. We can serve up to 3 families and up to 14 people at one time. Some stay a few days, some a few weeks until they can find permanent housing.

        Call us. Our Speakers Bureau is ready to present information to your group, business or organization.

        IHN provides safe, secure shelter through a network of congregations in the Greater Buffalo area. By opening their buildings, Host Congregations shelter families for one week at a time. The morning begins with breakfast served by volunteers. The guests are then transported to the Day Center located at 27 Jewett Parkway. Here the guests may shower, do laundry, pursue housing and employment, receive mail, and have use of a telephone. The Day Center becomes the mailing address and phone access for the family during their stay at IHN. In the Day Center, the guests may eat a lunch provided by the Host Congregations. In the afternoon, the guests are transported back to the Host site where a hot dinner is waiting, along with warm hospitality and a place to spend the night.

Referrals.... Come from various social service agencies, other homeless shelters, school administrators, word of mouth, and the telephone directory.

Host Congregations.... Provide overnight lodging for a maximum of 14 guests or 3 families for one week (Sunday late afternoon through Sunday early afternoon). Host volunteers provide help by setting up and taking down beds, fixing meals, laundering bedding, offering warm and caring companionship, and staying overnight with the families.

Support Organizations.... Provide financial support, volunteers to work with the Host Congregations.

Day Center Volunteers.... Provide companionship to the guests, help maintain the Day Center and transport guests to appointments.

Financial Support.... Is essential to any not-for-profit organization. IHN is dependent on individual, organizational, corporate and foundation, along with congregational contributions.

Volunteers.... Are always welcome to fill positions on committees, at Host locations, as well as the Day Center of Greater Buffalo IHN. For information call 836-9100.

Other individuals and congregations help in many ways. It’s significant that people of many faiths and different parts of the area live their faith by helping those in need.

        Each month I will give you a Fair Hearing tip that will acquaint you with Fair Hearing procedures. The tips will start from the issuance of a Notice through and including the Hearing itself.

Notices and Aid Continuing

        Once the agency takes an action against your benefits they must issue a notice. The notice must be dated, must list the reason for the action, must include a regulation which allows them to take the action, and must contain an “effective date.” The effective date must be at least ten days from the date of the notice.

        You have 60 days to call for a hearing from the notice date on any action taken on your public assistance or Medicaid case. You have 90 days from the date of the notice to call for a hearing on your food stamp case. However, if you request the hearing within the first ten days, you get special protections. If you request the hearing within this 10 day period, the agency must continue your benefits unchanged until the hearing is held and a decision is issued by Judge. If you lose the hearing, the assistance you received will be charged as an overpayment to you and will have to be repaid to the agency and your grant will be recouped by 10%.

        If you do not request the hearing within the ten day period, the agency will take the proposed action on the effective date of the notice. TIP: Remember if you have good cause for not making the hearing request within 10 days from the notice date, you may still be entitled to aid-continuing. Examples of good cause are not receiving the notice on time, or not receiving the notice at all. If you don’t receive the notice you can contact Albany and request aid-continuing. If you get aid-continuing you will have to defend why you were late requesting aid-continuing at the hearing.

        Do you receive Social Security benefits? Do you also have outstanding government debts - like student loan debt, or overpaid veteran’s benefits or overpaid food stamps? If so, beginning in May 2001, the federal government, through the Treasury Offset Program, had the right to garnish your Social Security benefits in order to help pay for your overdue debts.

        The following article is reprinted from the April 2001 Dandelion Connection. Please note that the following information does not relate to unpaid federal taxes. Different rules govern unpaid federal taxes and are discussed at the end of this article.

        All beneficiaries who owe non-tax delinquent federal debts who get $750 a month or more who owe money to the government will be sent letters (or may already have gotten them) warning them about the upcoming deductions.

How much can they take? The amount to be withheld is the lesser of:

1) The amount of the debt; or
2) 15% (after any deductions required by law, like Medicare premiums) of your monthly benefit; or
3) any amount you receive over $750.

        Remember, if you receive less than $750 a month, your benefits cannot be deducted at all. SSI benefits cannot be garnished.

Can I stop this deduction? Yes. You can make arrangements to pay the debt (through a payment plan, or other method). You can arrange a plan through the agency that you originally owed the debt to (such as the Department of Education, or Social Services). Do not call the SSA.

Have questions? Contact the agency listed on your notice, or call Project Dandelion at 847-0650, extension 402

What if I have unpaid federal taxes, can the IRS collect from my Social Security Benefits?

        Yes. The IRS can collect unpaid federal taxes from your Social Security Benefits, Railroad Retirement Benefits and VA benefits. The IRS cannot collect from your Public Assistance, SSI or UIB benefits.

How much can the IRS take for unpaid federal taxes? The most the IRS can take for past due taxes is 15% of the entire benefit. There is no exemption for the first $750.

        You will be given notice and a right to appeal and certain hardship exceptions may apply. For more information you can contact a Taxpayer Advocate in Buffalo at 686-4850 or call toll free at 877-777-4778.

In recognition by the community for the services provided by the Homeless Task Force, in June, 2002, the Homeless Task Force received the Monsignor Henry J. Gugino Organizational Service Award from the Erie County Commission on Homelessness. This honor is awarded to the agency or group that has displayed outstanding service to the homeless and low income community in Erie County.

Many thanks to the Commission and to all the HTF volunteers and UB interns for their good work. Special thanks to UB law students Mike McCormick, Erin Sobkowski and Josephine Noble.

3 slices of onions (chopped)
1 small slice of green pepper (chopped)
3 tbsp recaito (goya-unfrozen)
3 tbsp sofrito (goya-unfrozen)
1 8oz. can of beans (red or pinto)
1 8oz. can of water
2 tsp adobo
2 tsp garlic powder
1 Pack Sazon (w/ achiote y cilantro)
½ can of tomato sauce
1 tsp oil
1 tsp salt
Beef polish sausage (2 inches cut up)
5 cups of rice

        Put oil in a pot over medium (almost high) heat and let it get hot. Once it is hot, combine all the ingredients in the pot, except the rice. Bring all the ingredients to a simmer. Clean the rice and add uncooked rice to pot. Add enough cold water to cover the rice. I put water in slowly until I can’t see the rice anymore, then I know I have added enough water. Stir and let it boil. When the water evaporates, stir the rice, cover and lower heat. Stir every 15 minutes. Cook for ½ hour to 45 minutes.