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:
Public Assistance Lump Sum Rule change
Popular housing myths debunked
10 Facts you need to know about Food Stamps
What to expect at the SID interview
Poem

        A lump-sum payment is a one-time only payment such as an insurance settlement, an inheritance, lottery winnings, or retroactive Social Security benefits.

        From the time you first apply for public assistance and for as long as you receive it, you must report all of your income and any changes to it. As soon as you find out that you will receive a lump-sum payment, you should tell your worker. When you apply and when you recertify, you will get a booklet that explains your duty to report changes. This booklet will also explain the lump-sum rule.

        Your worker will tell you that you have some choices.

        If the amount of the lump sum is less than the public assistance you receive for one month, it will be treated as income for the month in which you receive it. This means that your grant for one month will be reduced by the amount of the lump sum.

        If the lump sum is more than you receive in public assistance for one month, you have two choices:

1. You may choose to turn the lump sum over to DSS. If you do this, your benefits will continue uninterrupted; or

2. You may choose to keep the lump-sum payment. In this case, it will be budgeted against your needs, and your case will be closed for a certain period of time.

        In order to figure out your ineligibility period, you must first deduct certain items from your total lump-sum amount. These are the amounts that may be deducted from your lump sum:

(1) You may deduct an amount up to the public assistance resource level of $2,000.00, depending upon how much in resources you already have. For example, if you have $500.00 in your bank account at the time you receive a lump sum, you may deduct $1,500.00 from the lump-sum amount.

(2) In addition, you may use up to $9,300.00 of lump-sum monies to purchase a car if the car is necessary to help you obtain or maintain a job. Any amount of money you use for this purpose up to $9,300.00 will be deducted from your lump sum.

(3) You may also use up to $4,650.00 of the lump-sum monies to set up a bank account for the sole purpose of purchasing a car, if the car is necessary to help you obtain or maintain a job. Any amount of money that you use for this purpose up to $4,650.00 will be deducted from your lump sum.

(4) You may also use up to $1,400.00 of the lump-sum monies to set up a bank account for the sole purpose of paying tuition at a two-year college. Any amount of money that you use for this purpose up to $1,400 will be deducted from your lump sum.

(5) You may also use the lump-sum monies to purchase a burial plot. Any amount of money that you use for this purpose will be deducted from your lump sum.

(6) You may also use up to $1,500.00 to purchase a funeral agreement. Any amount of money that you use for this purpose up to $1,500.00 will be deducted from your lump sum.

        For example, Mary and her two children are receiving public assistance. They then receive a lump sum of $10,000. Mary already has $500.00 in a bank account. Mary can therefore deduct $1,500.00 from her $10,000, leaving $8,500. In addition, within 90 days, Mary buys a car for $6,000 that she needs in order to take a pending job offer. This can be deducted from the $8,500 lump sum, leaving $2,500. Mary does not make any other purchases with the lump-sum money. This leaves $2,500 from which to calculate the family’s period of ineligibility. To calculate this, take the remaining lump-sum amount, in this case $2,500, and divide it by the family’s monthly public assistance grant, in this case $500. This comes out to be five, which is the number of months that Mary’s family will not be eligible for public assistance.

        In the month you receive it. If you received the lump sum in August, but did not report it until October, DSS will have overpaid you because they gave you more public assistance than you were entitled to for the months of August, September and October.

        The time you are ineligible for public assistance can be shortened. Several examples are given below:

1. Something happens which, if you were still getting public assistance, would change the amount of your grant, (for example, you become pregnant or give birth to a child).

2. Some or all of the lump sum becomes unavailable to you (for example, it is stolen, in which case be sure to make a police report).

3. The person who received the lump sum has left your household and taken the lump sum.

4. Your family is faced with life threatening circumstances and used the lump sum monies.

5. You have had unusually high household expenses, such as increases in heat or shelter costs.

6. A family member has uncovered medical expenses during your ineligible period.

        If you are expecting a lump-sum payment, call us immediately and we will review your options with you. Sometimes it is advisable to close your public assistance case if you know that you are going to receive a lump sum.

1. If you had a public assistance case open when you got the lump sum, you cannot get another case opened until your lump-sum disqualification period is over.

2. If you did not have a public assistance case open when you got the lump sum, you should not be denied because of the lump sum.

        If you are applying for Safety Net Assistance (SNA), you will have to show how you supported yourself before you sought public assistance. DSS will make you prove that you spent all the money. Keep your receipts.

        No. Rules on lump-sum payments only apply to individuals in your household who receive public assistance. If someone in your household receives a lump sum, but that person is not part of your public assistance case, it will not count against you.

        Also, special rules apply to retroactive disability benefits paid to children. Please feel free to call our office if this applies to you.

        The lump sum will disqualify you from Food Stamps for the month in which you receive it, and any money over $2,000 that is not spent will be counted as a resource and may make you ineligible while it remains in your possession. If your Food Stamps have been discontinued by a notice from your worker because of receipt of a lump sum, call our office. Also, for information on Food Stamps and resources, feel free to call our office.

        The lump sum is counted as income in the month you receive it and is counted as a resource for the next month.

        The rules on lump sums are very complicated. If you have questions, please feel free to call our office.

POPULAR HOUSING MYTHS DEBUNKED!!
Written by Diane McGrier, Paralegal, NLS

There are many laws that protect tenants from unfair practices and unsafe conditions. Unfortunately, they do not provide all the protection that tenants sometimes believe they do. This article is intended to debunk some of the myths about landlord/tenant law and describe what protections these laws really offer.

If you decide to rent an apartment you have to accept it “as is.”

Your landlord must put your security deposit in the bank.

You can use the security deposit to pay the last month’s rent or for any unpaid rent.

The landlord will return the security deposit the day you move from the apartment.

You don’t have to pay rent if you get a 30-day notice.

The judge will give you 30 to 90 days to move if you have children or a person with a disability in your household.

You don’t have to pay rent if the landlord has not been making necessary repairs.

Your landlord can’t charge you more rent or security deposit than other tenants.

Your landlord can only raise the rent once a year.

Your landlord must have a good reason to terminate your tenancy.

Neighborhood Legal Services, Inc., announces the start of it’s new Homelessness Initiative Program (HIP). The Housing Unit will accept referrals from agencies and advocates regarding individuals and families facing imminent homelessness. We will provide services to help maintain families in permanent housing.

1. You do not need to have a permanent address or cooking facilities to get food stamps.
2. You can own a car and still get food stamps.
3. You can own your own home and get food stamps.
4. Students are eligible for food stamps under certain circumstances.
5. You can work and still get food stamps.
6. It is not necessary to be receiving government assistance to get food stamps.
7. The maximum food stamp benefit level for a 3-person household is $371 per month.
8. Under certain circumstances, you will automatically get food stamps for up to five months after your public assistance case terminates.
9. You can have up to $2000 worth of resources, such as stocks, bonds, bank accounts, etc. ($3000 if a household member is 60+ or disabled) and still get food stamps.
10. If you are in a financial crisis or an emergency situation, you may be eligible for Expedited Food Stamps and receive them within 5 days.

        OK, you have received your letter from Special Investigations (SID) asking you to come in to discuss your alleged overpayment. You have 10 days to contact SID for an appointment.

Note: You can go to the appointment without legal representation, but if during the interview you disagree with any of the facts, you can ask to stop the interview for the purpose of obtaining legal advice. You can contact us at 847-0650. Ask the investigator for a copy of the evidence packet.

        If you go to the appointment on your own, you will be called into an interview room and the investigator should advise you of the facts which they used to determine the reason for the overpayment and how the amount of the overpayment was calculated. If you ask, the worker must give you an accounting of how the overpayment was calculated. The investigator will listen to your version of the story and if you have any questions or additional information this is the time to present it.

        If you agree with the amount of the overpayment you will be asked to sign a repayment agreement and a Confession of Judgment. Before you sign the repayment agreement you will be asked about your income and your monthly expenses. The repayment agreement will be based on these facts. Do not agree to repay a large amount each month. Always make the payments affordable. If you sign a Confession of Judgment and repayment agreement and if you miss payments without notifying the agency that you are having problems, the Confession of Judgment will be filed in court and act like any other judgment.

Next issue:  What if I don’t agree with the amount of the overpayment?

On the Other Side of the Desk

Have you ever thought just a wee bit
Of how it would seem to be a misfit,
And how you would feel if YOU had to sit
On the other side of the desk?

Have you every looked at the man who seemed a bum,
As he sat before you, nervous...dumb...
And thought of the courage it took to come
To the other side of the desk?

Have you thought of his dreams that went astray,
Of the hard, real facts of his every day,
Of the things in his life that make him stay
On the other side of the desk?

Have you thought to yourself, “It could be I,
If the good things in life had passed me by,
And maybe I’d bluster and maybe I’d lie
From the other side of the desk?”

Did you make him feel he was full of greed,
Make him ashamed of his race or creed,
Or did you reach out to him in his need
To the other side of the desk?

May God give us wisdom and lots of it,
And much compassion and plenty of grit,
So that we may be kinder to those who sit
On the other side of the desk.

Do you need help with student loans?

Overwhelmed by paperwork from your loans? Did you pay for a vocational school, and never complete the course?

Are you delinquent with your payments? Are you in default? Are your wages being garnished?

Project Dandelion can help.

Income eligible clients can get free advice and assistance. Call to register for one of our free clinics. Clinics are held on the first TUESDAY of every month. Register today. We meet at 2:00 p.m. Call 847-0650 for more information.

PROJECT DANDELION

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