THE DANDELION CONNECTION
Volume 4 Issue 6
(716) 847-0655 ext. 216
September/October, 1996
Copyright 1996, Neighborhood Legal Services, Inc.
FOCUS ON: The Public
Assistance
Budget:
Part IV
Mr. and Mrs. John Adams receive Aid to Families with Dependent Children. There is a recoupment of $185.20 being recovered from winnings at a bingo game. The winnings were reported, but the caseworker did not budget them at the time, so now it is being recovered at 10% of the regular grant.
On page three is a mock public assistance budget for the Adams' family. In the lower left-hand corner of the budget is a section titled "Recoupment." This is where you get an understanding of the money that the agency is keeping from your grant. Most often, it is because the agency paid too much money on your behalf in the past and must now recover it. When an overpayment is first placed in this column, the agency must send you a notice explaining the overpayment and that they intend to collect the money. The notice should explain how it occurred, the classification, the total owed, and how much time it will take until it is repaid.
TY is the column that explains how the overpayment occurred. There are five types of overpayments.
1 Agency error is an overpayment, due to a change in your circumstances that the agency was aware of, but did not budget properly.
2 Client error is an overpayment, which was not intentional and the agency believes you did not know about the change, or you thought the change would not matter to your grant.
3 Advance payments for shelter, fuel, childcare and/or utilities may be recovered. Most commonly, this situation occurs when you are faced with an emergency and request the agency to make the payment on your behalf to stop an eviction or shut off.
4 Fraud is an overpayment that the agency has determined occurred because you willfully withheld and or concealed information that affected your grant.
5 Child Support payment issued in error. This happens when you receive an overpayment of child support while receiving public assistance.
BALANCE is the total due to the agency as of the effective date of the budget.
% is the percent of your grant they are keeping from you each month. The agency generally collects at 10% for Aid to Families with Dependent Children. The agency generally collects at 15% for Home Relief recipients. If you cannot pay your bills as a result of the overpayment, the agency may reduce the overpayment to 5% when you show them that the collection is a "hardship".
MO is the number of months until the repayment is complete.
AMT is the total amount of cash kept from you each month.
REM is the remainder or the amount that will be taken in the last month of recoupment.
In the bottom center of the budget is a section surrounded by dollar signs and labeled "PA GRANT" This is the section that will tell you exactly what will be paid to you by the agency.
TOTAL NEEDS is the total from the left hand column where the agency decided what the Adams' family needed to live.
TOTAL INC is the amount of income that the agency will count against the family. This is reached by adding the "Total Net" from both the "Other income" and the "Earned Income" column.
CD/AMT is the income subtracted from the needs. This figure will match the grant that you receive if there are no recoupments or payments made by the agency on your behalf.
RECOUPMENT is the recovery of an overpayment.
UTIL/RES is the amount the agency is keeping from your grant to pay your cooking and hot water portion of your gas bill and/or to pay your electric bill.
SHELT/RES is the amount the agency keeps from your grant to make a direct or two party check payment to your landlord on your behalf.
RESTRICTED is the amount the agency is keeping from your grant to pay fuel for heating on your behalf. This figure may also include excess childcare costs. The agency must pay this as a separate grant for reimbursement from the Federal government.
CASH GRANT is the total monthly payment of cash to you.
SEMIis the amount that you will pick up on each of your pick up dates. If this amount is less than $25.00, it will be provided in one monthly payment.
El Presupuesto de Asistencia Pdblica Parte 4
SeZor y SeZora John Adams reciben Ayuda a Familias con NiZos Dependientes. Hay un reembolso de $185.20 para un recobr\ de ganancias de un juego de bingo. Se informaron las ganancias, pero el trabajador no las presupuest\ a tiempo, asR que ahora se recobrara a 10% del concesi\n regular.
En la p<gina tres hay un presupuesto imitado de asistencia pdblica para la familia Adams'. En la esquina de la mano izquierda m<s baja del presupuesto hay una secci\n de titul\ "Recoupment". Aqui es donde obtiene un entendimiento del dinero que la agencia mantiene de su concesi\n. Frecuentemente, es porque la agencia pagado demasiado dinero en su nombre en el pasado y tienen que recobrarlo. Cu<ndo un pago excesivo se pone primero en esta columna, la agencia debe de enviarle un aviso que explica el pago excesivo y que piensan cobrar del dinero. El aviso debe explicar c\mo ocurri\, la clasificaci\n, el total debido, y cuanto tiempo tomar< hasta que se reembolsa.
TY es la columna que explica como el pago excesivo ocurri. Hay cinco clases de pagos excesivos.
1 Error de la agencia es un pago excesivo, adeudado a un cambio en sus circunstancias que la agencia estaba informado de, pero no presupuest\ propiamente.
2 Errores del cliente es un pago excesivo, que no era intencional y la agencia cree que usted no supo acerca del cambio, o pens\ que el cambio no serRa de importancia a su concesi\n.
3 Pagos del adelanto para resguardo, combustible, cuidado de niZos y\o se dan frente a una emergencia de utilidades y solicit\ la agencia hacer el pago en su nombre para detener una evicci\n o cerrado.
4 raude es un pago excesivo que la agencia ha determinado ocurri\ porque usted sabiendo detuvo y/o escondio informaci\n que afectado a su concesi\n.
5 Pago de la Manutenci\n de niZos emitido en error. Isto ocurre cu<ndo recibe un pago excesivo de manutenci\n de niZos mientras recibe asistencia pdblica.
BALANCE es el total adeudado a la agencia de la fecha efectiva del presupuesto.
% es el porcentaje de su concesin retenido de usted cada mes. La agencia generalmente cobra a 10% para Ayuda a Familias con NiZos Dependientes. La agencia generalmente cobra a 15% para recipientes de Home Relief. Si no puede pagar sus facturas como un resultado del pago excesivo, la agencia debe reducir el pago excesivo a 5% cundo les demuestra que la coleccin es una AHardship@ (penalidad) a usted.
MOes el ndmero de meses hasta que el reembolso este completo.
AMT es la cantidad total de dinero efectivo retenido de usted cada mes.
REM es el resto o la cantidad que se quedarn con en el dltimo mes del resarcimiento.
En el centro del fondo del presupuesto se encuentra una secci\n rodiada con seZales del d\lar y etiquet\ "PA GRANT". Ista es la secci\n que le dir< exactamente quJ se pagar< a usted por la agencia.
TOTAL NEEDS es el total del columna de la mano izquierda donde la agencia decidido quJ la familia Adams' necesita para vivir.
TOTAL INC es la cantidad de ingreso que la agencia a tenido en cuenta contra la familia. Se alcanza esto por sumar el 'Total Net " de ambos el "other income" y el "Earned Income" columna.
CD /AMT es el ingreso substrajo de las necesidades. Esta figura emparejar< la concesi\n que recibe si no hay ningdnos resarcimientos o pagos hecho por la agencia en su nombre.
RECOUPMENT es la recuperaci\n de un pago excesivo.
UTIL/RES es la cantidad que la agencia va retener de su concesi\n para pagar por su cocinar y parte del agua caliente de su factura del gas y/o para pagar su factura de elJctricidad.
SHELT/RES es la cantidad que la agencia va retener de su concesi\n para hacer un pago directo o cheque de dos partidos a su propietario en su nombre.
RESTRICTED es la cantidad que la agencia va retener de su concesi\n para pagar combustible para calentar en su nombre. Esta figura tambiJn incluye gastos de cuidado de niZos exceso. La agencia debe de pagar este como una concesi\n separada para reembolso del gobierno Federal.
CASH GRANT es el pago total mensual de dinero efectivo a usted.
SEMI es la cantidad que recoger< en cada de su fechas de recoger. Si esta cantidad es menos de $25.00, se proveer< en un pago mensual.
Health Watch
EDUCATIONAL HEALTH
By Dr. Cheryl Nohejl
September's school opening is a much anticipated event. To prepare for school, have "back to school sales", parent meetings and open houses. We take our children to the family physician for immunizations. We want them physically fit for all that school has to offer. Somewhere, in the rush to prepare our children for school, we forget to look at how they will do in school.
A child's educational health is as important as his physical health. So much of a child's self-esteem and self-concept is tied to how he or she does in school. If we allow a weak or stressful area to go undetected, children develop behaviors to deal with these stresses that may hinder academic progress and social development. The beginning of the school year is the ideal time to see that our children are ready for school and that they will be able to succeed in school.
In the young child, appropriate language development is one of the best signals that a child has the necessary skills to function in a pre-kindergarten or kindergarten classroom. As the child grows, there are several markers that let us know that they are developing on time. By age two, our children should have a vocabulary of several hundred words. By age three they should routinely use over five hundred words and speak comfortably in full sentences. They should know nearly a thousand words. By age four, their speech should be completely understood by a stranger. They should be able to communicate their needs easily to others using speech alone. If a child is below these levels, he may need help with these skills. Either a child's physician or his local school district's special education service office can help.
The young child entering school needs the emotional skills to leave home. We foster these skills letting them play with other young children by age one year. They develop appropriate social skills through a preschool programs. By not keeping them home for minor illnesses, we minimize the gaps in their learning experience that can lead to frustration.
For the elementary school child, reading fluently is the primary academic challenge and the key to later social and academic success. We prepare our children to learn to read by creating a positive association with books. We bring a warm human contact to infants and toddlers when we hold them and read to them. In preschoolers, stories fulfill emotional needs by dealing with a child's fantasies and frustrations. Children begin to understand that written words convey meaning. They learn the intricacies of spoken grammar without formal lessons. From a strong positive emotional association with books, children then go the next step, of tackling phonics and learning to decode words in school. Learning to read, without a strong emotional tie, can be unrewarding, uninteresting, and frequently avoided. By starting to read aloud to children, even as young as six months of age, we promote their language development and a positive association with reading.
Once our children are in school, we monitor their progress. Often a parent sees that a child fails to bring his homework or report card home. Looking at last year's weak areas at the beginning of the school year sets a road map for the coming year. If there were problems in math or reading, paying particular attention to these areas and to the related homework can help detect problems early. Waiting for a new teacher to become comfortable with a child, to detect difficulties and to conclude that the difficulties are not summer "forgetting", can waste a quarter to a half of a school year. We must maintain effective communication with our children and their teacher. We watch our children's homework assignments, ask to see their corrections and call their teacher when we don't think that our children understand. If we think that a child isn't progressing, we shouldn't go beyond the end of September before we address the problem. We can work with our child's teacher to best help our children whether with extra hmework, remedial services or assessing a child's placement.
A child may not tell us that they are having trouble in school. They may give us behavioral clues instead. If our children have a fair amount of "morning" illnesses like headaches, upset stomachs and achiness, they may be telling us that they have difficulties dealing with the school process. While we need to know that they are not seriously ill, symptoms that subside by mid-morning or occurring repeatedly on certain class days, should alert us that the child is having difficulty with school.
By assuring that our children are ready and continue to progress in school, we can be as effective in monitoring their educational health as their physical health.
Advocacy Tip:
After having telephone contact with an agency employee, you should follow up the contact with a letter. The letter should state what was said and what is expected of both you and the agency employee. Put a deadline for the expected action. Send a copy of the letter to them for confirmation and action.
Dandelion of the Month
SUSAN DEVORE
Have you ever spoken with someone and felt like you've know them all your life? Well that's what is was like talking with our Dandelion of the month, Susan Devore. You can feel the warmth of her laughter as well as the strength in her character, just by speaking with her over the telephone. You would never know that she's been through hell--and survived.
Before coming to Buffalo in May of 1995, Susan lived in Pennsylvania where she had spent the last several months living with friends, relatives, or in shelters, trying to avoid her husband, who was both verbally and physically abusive. Finally, on May 8, 1995, Susan decided to return to Buffalo and reside with her Mother until she found work. "Family is so important. They stuck by me through everything."
Susan began working at Sorrento Cheese in November of 1995, while her son was visiting relatives in Pennsylvania. Unfortunately, when her son returned to Buffalo, she had not earned enough to be able to place him in daycare. Susan's husband was receiving SSI, so she could not petition the court for child support. With no one to care for her son, Susan was forced to quit her job. She decided to apply for public assistance.
When Susan applied for public assistance, she was told that she could not receive their services because she quit her job. She then applied for low income childcare, and was placed on a waiting list. That did not stop her. "I was determined to call every number in the phone book until I found someone who could help me [get affordable childcare for my son]."
In the meantime, Susan had received three job offers which she had to turn down because she did not have childcare. Finally, after calling half the City of Buffalo, she ran across a number for Neighborhood Legal Services, where she was told about Project Dandelion. Teresa Amspacher, a paralegal with Project Dandelion, assisted her.
Teresa requested that ECDSS make an upfront payment of childcare. The request was denied and affirmed through a hearing decision. A private agency was then approached, and they agreed to make a payment for the first month of childcare, with the understanding that Susan would continue payments beyond that time. She borrowed money for the next month and following that, the low-income childcare program reopened. Susan now pays $58.00 per week instead of $101.00 per week.
Susan's son Tyler is 4 1/2 years old and in a day care which his mother is very pleased with. What keeps her going? "I look at that little face so bright who tells me every day, I love you Mommy. That's what keeps me going."
Susan says it's hard to stay off welfare, but the key is not to give up. "It's not easy, but you have to keep fighting. Don't give up when you start to see doors close. There is help out there, but you have to work hard enough to find what you need."
Are you Having
trouble
meeting your bills?
Consider attending a budgeting class if you are having trouble meeting your monthly bills. Stop using credit. You may reduce your credit card debt by contacting your lenders to work out a payment plan. Below is a letter which you may modify as needed. It should clearly state the reason why you need assistance from the lender and state your plan to reduce your debt. If you would like assistance developing these letters, please come to any of our scheduled meetings.
January 1,
1996
The XZY Credit Card
Anywhere
Anytown, Anystate, Zip
RE: Account Number
Gentlemen:
I am writing to you about my account listed above. I deeply regret that I have fallen behind and have failed to abide by the original terms of our agreement. I want you to know that I am committed to full repayment in the amount of approximately $_______
I have recently undertaken a financial recovery program and have received assistance in assessing my financial situation resulting in a full repayment plan. I am doing everything I possibly can to avoid filing for bankruptcy.
Your account, unfortunately, is only one of many that I owe; my total debt is $________ You can understand that my present net monthly income of $_______ less drastically reduced living expenses of rent, food, utilities, etc., does not leave funds sufficient to pay even the minimum monthly payments to which I originally agreed.
Enclosed please find my check in the amount of $_____ which represent the amount I will be able to pay each month on my account for the next six months. At that time my situation will be reviewed. Hopefully the payments will be increased regularly to allow for full payment at the earliest possible date.
I respectfully request that the interest rate you are charging be reduced so that a greater portion of my payment will go toward principal reduction.
My financial recovery program projects that I will be completely debt free within _____ years.
I look forward to learning that you have processed this payment. If, however, you are unwilling to work with me as outlined above, kindly return the enclosed payment so that I can send an additional payment to another of my creditors who has agreed.
Thank you in advance for your cooperation.
Sincerely,
Money Saving
Tips
for Utilities:
Contact local utilities: Request an energy saving audit of your home. They often give away energy saving products.
Reduce your heating bill: Put up storm windows. Add weather stripping around doors and windows. Keep water heater at 120 degrees. It will clean just as efficiently.
Reduce your water bill: Take short showers instead of water guzzling baths. Install a flow controlling shower head.
Reduce your electric bill: Use a fluffy comforter instead of an electric blanket. Transfer finished coffee to a thermos and turn the coffee pot off. Shut off lights if leaving the room for more than 15 minutes.
Reduce your cooking costs: Preheat oven only if the recipe tells you to. Turn off the heat several minutes before the item is finishedCremaining heat should finish the job. Use glass or ceramic dishes in the oven and lower the heat by 25 degrees. Use smaller appliances, (electric skillets, woks, slow cookers, pressure cookers) . They use less energy than the oven.
Reduce your phone bill: Turn a timer on when you begin long distance calls. Ask for a credit on your bill if your phone service is interrupted for 24 hours.
Reduce gasoline costs: Let your fingers do the walking. Call businesses before driving.
YWCA ENCOREPLUS SUPPORT
GROUP FOR WOMEN
RECOVERING FROM BREAST OR
CERVICAL CANCER
Meets the 2nd
Wednesday of every month
1:00 p.m.
YWCA, 190 Franklin Street
852-7449.
*Offers support to find all the information you need
*Group support
sessions, where women
undergoing treatment and in recovery share common
concerns and questions
*Floor and water exercises
Come and join!!!
LEARNFARE
Learnfare is the newest combat tool for truancy. A truant is one who stays out of school without permission. Learnfare is a program operated in cooperation with welfare eligibility. It was designed to ensure that poverty stricken children attend school. Children who do not attend class put their family's public assistance benefits at risk.
Learnfare appears to be the newest attack launched against public assistance recipients. Approximately 23 states have enacted legislation that creates learnfare programs. New York State is set to begin a program of learnfare this year. In Virginia, of the 116,000 children on public assistance, only 85 were affected by the implementation of the learnfare provisions. 20 of those had their benefits restored as a result of developing a plan to or returning to school.
Isn't there a better way to target truancy than just targeting welfare recipients?
FAMILY MATTERS
"Bill of
Rights for Children
Whose Parents are Separated"
1 The right not to be asked to "choose sides" between parents.
2 The right not to be told the details of bitter or nasty legal proceedings going on between their parents.
3 The right not to be told "bad things" about the other parent's personality or character.
4 The right to privacy when talking to either parent on the telephone.
5 The right not to be cross-examined by one parent after spending time with the other parent.
6 The right not to be asked to be a messenger from one parent to the other.
7 The right not to be asked by one parent to tell the other parent untruths.
8 The right not to be used as confidant regarding legal proceedings between the parents.
9 The right to express feelings, whatever those feelings may be.
10 The right to choose not to express certain feelings.
11 The right to be protected from parental warfare.
12 The right not to be made to feel guilty for loving both parents.
by:
Margot Penfold
Greater Upstate Law Project,
Inc.
Project
Dandelion
Neighborhood Legal Services
295 Main Street
Ellicott Square Bldg. Rm. 495
Buffalo NY 14203