THE DANDELION CONNECTION
Ellicott Square Building., 295 Main Street Room 495, Buffalo, New York 14203
Volume 7 Issue 2                (716) 847-0655 ext. 226           March/April 1999
nls01@sprynet.com    www.nls.org
Copyright 1998, Neighborhood Legal Services, Inc.

in this issue...
Quarterly reporting
Free medicine
Maggie’s corner
Poetry
Taxes and DSS
Cobra: Private health insurance
Ssi and working
Dandelion of the Month
Upcoming Events

QUARTERLY REPORTING

What is Quarterly Reporting?

    People who work and also receive public assistance must report their income every three months. If your household gets Food Stamps only, you also must report your income every three months.

    You will get a quarterly reporting form in the second month after recertification. You must answer all the questions on the form. The form will ask you about any changes in your income or household circumstances that affect how much assistance you should get.

    On the last day in the month, you must answer all the questions, sign and date the form, and verify the last four weeks of income by including copies of your paystubs and child care costs. Be sure to make and send copies and keep the originals. It is very important that you keep the originals of your paystubs, and keep records of your child care costs. When making copies of your paystubs, make sure the copies are legible and that the copies show the entire paystub. Make sure that the Department of Social Services (DSS) gets the form by the tenth of the following month. When you report your wages, make sure you indicate the date the check is available to you, not just the period ending date.

    Again, it is important that you keep the originals of your paystubs, and keep records of your child care costs. If you have just started a job and you are on public assistance, tell your caseworker about your job within 10 days after you receive your first paycheck.

    If you are a Non-Public Assistance Food Stamp recipient, you are only required to report your income, including any increases, during Quarterly Reporting.

    DSS reviews your income and your allowable expenses to make sure that your public assistance and Food Stamp grants are correct. Your caseworker will make an estimate of your future earnings based on the information you sent back to DSS. This is called "prospective budgeting."

    If you have a temporary loss of earned income, or an increase in day care costs, report it to your caseworker within 10 days. You will need to show that the loss of income was beyond your control. Be sure to request a supplement for the loss of income.

    If you do so without good reason, you will not be allowed credit for some of your work expenses, such as child care. If DSS does not receive a completed quarterly report by the 10th day of the month, DSS will send you a notice of discontinuance. You must submit your report before the effective date on the discontinuance notice, or your case will be closed.

    If your form has wrong information or missing information, DSS will send the form back to you with a notice telling you what is needed. You then must complete the form and send it back to DSS before the effective date on the discontinuance notice.

    You should only receive a Quarterly Reporting form twice a year. Quarterly Reporting alternates with face-to-face recertification every six months. If you haven't received a Quarterly Reporting form by the last day of the second month after recertification, call your public assistance worker immediately.

    Request a Fair Hearing. Notify OTDA by telephone, fax, or mail that you want a Fair Hearing. You can write on the back of your notice the reason for requesting the hearing. If you phone, get the name of the person you speak to. If you write, send your letter by certified mail and keep a copy. The correct address is:

New York State Office of Temporary and Disability Assistance (OTDA)
Office of Administrative Hearings
P.O. Box 1930
Albany, New York 12201-1930
Telephone No.: 1-800-342-3334 or (716) 852-4868
Fax No.: (518) 473-6735 (you must have the form from Albany)

If you need help, contact our office.

You may be able to get free medicine! Most drug companies have a program called the patients assistance program. Drug companies offer help for patients who don’t have insurance, Medicaid or cannot afford their medicine. Ask your doctor to call the drug company who makes your prescription. Most drug companies do not advertise this program, so you need to tell your doctor and have him/her call on your behalf. If you are eligible, you may be able to get free drugs for several months. Your doctor should call 1-800-PMA-INFO.

Because drug companies want more business, they leave large quantities of free samples with hospitals, clinics, private doctors and may even at times give away free medicine to those physicians who request it for their patients who do not have or cannot afford health insurance.

You can save money on prescription medicine by asking for generic drugs, or by using non-drug alternatives (like exercising and/or changing your diet), or by telling your doctor that the price of medicine is important to you so that she can choose a medicine that may cost less. Did you also know that pharmacies charge very different prices for the same medicine so shopping around can make a big difference, and that ordering medicine through mail order companies can also get you big savings?

New York State has a patient assistance program for older people to assist them in obtaining needed medication.

10 STEPS TO POSITIVE PARENTING

© Show love and affection.
© When necessary, take time to cool down.
© Compliment your child.

© Set basic rules and limits.
© Teach values.
© Introduce your child to books.

© Listen and talk to your child.
© Be the kind of person you want your child to be.
© Offer guidance.

© Call the National Committee to Prevent Child Abuse for more information at 1-800-55-NCPCA.

Thank you all for your responses to our survey. In the last edition of the Dandelion Connection, we asked you if you would respond to a survey about Project Dandelion. We got a great response and we wanted to thank all of you for your help. It is greatly appreciated . Your help will assist us in our efforts to maintain and improve Project Dandelion. Thanks Again!!  ©

Last year many people had their tax returns intercepted by DSS because they were overpaid cash public assistance. DSS can no longer do this. DSS can not take your New York State tax refund because you were overpaid public assistance. However, federal tax returns can be intercepted if you were overpaid food stamp benefits. If DSS tries to take your state income tax or your federal income taxes, call this office for assistance.

bRemember you may be entitled to both federal and state earned income tax credits if your family has an income up to $29,290.

bIf your family has an income less than $18,000 you may be entitled to a renter’s credit.

bNew York State and the Federal government give child care credits to people who have to pay to have someone take care of their children.

        If you plan a visit to DSS soon, you will find there have been a lot of changes at the Front Door. You can no longer request a budget sheet, benefit card replacement, copies or pin numbers on the first floor. If you need any of these items, you will have to go to the 4th floor to request them. If you don’t know who your worker is, then you go right to the 3rd floor.

        Another major change: All public assistance applicants ( and eventually food stamp applicants) must attend an orientation procedure. Upon attempting to submit a completed application, you will be told that you will need to attend this orientation, which is currently being held twice a day. The orientation tells you what you can expect from DSS and what they will expect from you. The meeting lasts about 30-40 minutes and completed applications will be collected at that time. You will then be given an appointment to return (which could be as early as the next day rather than next week). If you leave the orientation, it is the same as withdrawing your application. More details to follow.

Health Watch

COBRA - What you need to know about your private health insurance

    Health insurance is important. Unfortunately, not many of us are able to afford it. Some of us may have been fortunate enough to have employers who have provided health insurance free of charge. Others may be married to a spouse who has health insurance or are young enough to still be eligible for their parent’s insurance. This article addresses individuals who may lose their health insurance due to termination of employment, the death of a spouse, or because they are no longer a full time student and/or over the age of 21.

    What many people do not realize is that COBRA (The Consolidated Omnibus Budget Reconciliation Act of 1985) provides continuing insurance coverage for employees and their dependents after a lay off or termination. The employee or dependent usually has a maximum of 60 days in which to elect continued coverage. The employee or dependent is entitled to continued coverage, at their own expense, for a period of 18 months following the termination. COBRA permits the individual to pay for coverage in monthly installments. Please note, however, COBRA does not apply to employees who are terminated as a result of gross misconduct.

    For example: John Doe is laid off from his job on December 31, 1998. He has until March 1, 1999 (60 DAYS) to buy into the group plan he was a member of while he was employed. If the plan costs the employer $100 per month to cover John, he can be charged no more than $102 per month to rejoin the plan. He can stay in the plan until June 30, 2000.

(1) Individuals during the period they are between jobs or awaiting approval of Medicare; and

(2) An employee's spouse and dependent children when they lose eligibility under the group health plan as a result of the employee's death, entitlement to Medicare, termination of employment or reduction of work hours; and

(3) A spouse in the event of divorce or legal separation and dependent children who lose their status due to age or marriage.

    For instance, in New York, a child ceases to be a dependent when he or she reaches 21 years of age. Most insurance policies will not cover a child as part of a family plan after that unless the child is a full -time student. If the child is not a full-time student, he or she can buy into the plan for 18 months and get coverage for a single person in the plan.

    Also, a person who becomes the spouse of an employee already receiving continuation coverage under COBRA becomes eligible for coverage as does any child who is born to or adopted by the covered employee during the period of the employee's continuation coverage.

    The 18 months of continued coverage mentioned above is extended to 29 months for those individuals who are determined to be disabled under Title II (Social Security Disability Insurance, (SSDI)) and/or Title XVI (Supplemental Security Income, (SSI)) at the time of their termination of employment or within 60 days after their continuation coverage begins. To extend coverage to 29 months, the employee must provide notice of his or her disability before the 18 month continuation period expires.

    For spouses and dependent children who are already on an 18 month COBRA continuation: If a second event occurs during this period of time, such as a divorce, legal separation, death, Medicare entitlement or the dependent child ceases to be dependent, the spouse and dependent child are entitled to an additional 18 month extension of coverage.

    For example, let’s say John and his wife Jane get divorced in December, 1999 and he was already in the middle of a COBRA continuation plan due to termination of his employment. This means that Jane can stay in the plan until December 31, 2001. This includes the original 18 months plus 18 more because of the divorce.

    COBRA is a complex piece of legislation. Anyone who is entitled to its protections or wants to know if he or she is entitled to its protections should consult with an advocate, someone familiar with the law or at the very least consult with the former employee's personnel department.

It is possible to work and still receive SSI. The SSI program has a formula for counting earned income. Under this formula, your earned income will somewhat reduce your SSI check. However, your earned income will not reduce your SSI check dollar for dollar. Instead, a large portion of your wages (over half) will be "disregarded" or ignored. The other half of your wages will then reduce your SSI check dollar for dollar. This means that you could end up with more monthly income if you are working and on SSI than if you are only on SSI. Just remember, though, that if your wages get too high, you may no longer be financially eligible for SSI.

SSA will not automatically find that you are no longer medically disabled just because you start to work. However, the Social Security Administration always has a right to medically review your case. If SSA decides to medically review your case, SSA may look at your work activity as evidence that you are no longer disabled.

Poetry

I got flowers today. It wasn’t my birthday
or any other special day.
We had our first argument last night,
And he said a lot of cruel things that really hurt me.
I know that he is sorry and didn’t mean the things he said
Because he sent me flowers today.
I got flowers today. It wasn’t our anniversary or any other special day.
Last night, he threw me into a wall and started to choke me.
It seemed like a nightmare.
I couldn’t believe it was real.
I woke up this morning sore and bruised all over.
I know he must be sorry
Because he sent me flowers today.

I got flowers today, and it wasn’t Mother’s Day or any other special day.
Last night, he beat me up again.
And it was much worse than all the other times.
If I leave him, what will I do?
How will I take care of my kids? What about money?
I’m afraid of him and scared to leave.
But I know he must be sorry
Because he sent me flowers today.

I got flowers today. Today was a very special day.
It was the day of my funeral.
Last night, he finally killed me.
He beat me to death.
If only I had gathered
Enough courage and strength to leave him,
I would not have gotten flowers today.
        -Author Unknown

For more information call the Haven House 24-Hour Hotline at 884-6000

Domestic Violence Victim Advocate, Judy Nieman, at 851-4989 (evenings)

Erie County D.A. at 858-4630

Hispanics United of Buffalo at 856-7110

Dandelion of the Month
Elizabeth Delgado White

        This month we salute one of Project Dandelion’s most outstanding women, Ms. Elizabeth Delgado-White. Ms. White (known as Beth around here) is the Supervising Attorney of Project Dandelion. She has been at the helm of Dandelion since 1996. A fierce and talented advocate, Beth has fought tirelessly for both clients and Project Dandelion alike.

        Beth, who is a married mother of three (ages 7, 5 and 3) has helped hundreds of clients to navigate the public benefits system. Whether it is through representation at Fair Hearings, trials in the courtroom, or simply giving out needed information or a hug, many women and families in Buffalo and Western New York are grateful to Beth for their successful transition from welfare to work. Her greatest concern is that she is making a difference. Beth states, "My job is not only interesting, but it’s also fulfilling. There are not many individuals who can say that about their employment. I consider myself blessed."

        Beth has written scores of material that have helped women help themselves. She has written several articles for the Dandelion Connection, drafted dozens of legal informational letters and has even written a Welfare Reform manual. She has poured over mounds of rules and regulations for months and months on end so that we would all be better informed! Armed with this knowledge, Beth has spoken to countless community groups to teach both advocates and clients throughout Western New York about Project Dandelion and welfare reform.

        Although Beth is a great attorney, there was a price to pay. "There were times I hated to leave my children. I missed them so much while I was at work. Even though they are a little older now, I can’t help but feel a little guilty from time to time. However, I ’ve learned that if I use the knowledge and skills I possess to help restore lives, my children and others will benefit in the end."

        As if this weren’t enough for Beth to be March’s Marvelous Dandelion of the Month, Beth also provides direct supervision to all of us here at Dandelion. A talented supervisor, she is never too busy to answer a tricky question, decipher a regulation, or listen to a personal complaint or two.

        Beth also co-supervises a new Dandelion Project, the SSI Return to Work Project; she supervises the Public Benefits and the Disability Units; she is a member of the DSS Dialogue Committee; and is a member of the Homeless Coalition of Western New York. In addition, every month Beth meets with clients at the Commodore Perry "food pick-up" to answer legal questions and concerns.

        We are not the only ones saluting Beth this month. Beth has just been awarded the Sister Jeanne Frank award by the Homeless Coalition of Western New York. It is an annual award given to the advocate who has made outstanding contributions to the homeless population.

        One colleague says, "To me, Beth is someone who never gives up. She does not know the meaning of the word quit." If you know Beth at all, you know this is true. We here at Project Dandelion say thanks, to the greatest boss in town!

Dandelion Project Meetings

Topics Include (but are not limited to):
Child Care, Budgeting, Child Support, Housing Rights, Coping with Stress, etc.
Meetings are held every Tuesday at 1:00 p.m.
Neighborhood Legal Services • 295 Main Street • Room 495

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