VLA Negotiates Corrective Action Plan with DCF to
Solve Public Benefit Delays
A significant number of Vermonters have been waiting months to find out whether they are eligible for 3Squares (food stamps), medical assistance or Reach Up benefits. After many weeks of negotiation, DCF and VLA reached agreement on a corrective action plan to bring DCF into compliance with state and federal law. Highlights of the plan include:
· Compliance with a 30-day processing standard within seven months;
· Moratorium on benefit terminations resulting from agency error or delay;
· Retroactive relief for closures resulting from agency error or delay since July 2010;
· Elimination of the backlog of applications by February 1, 2011;
· Hiring 20 new staff by February 1, 2011;
· Securing federal waivers to reduce or eliminate burdensome requirements;
· Tracking and processing requests for expedited food stamps within seven days by March 1, 2011;
· Improved notice procedures;
· Enhanced staff training;
· Expanded call center hours;
· Suspension of administrative rule-making to increase Reach Up sanctions until May 1, 2011;
· On-going monitoring by and meetings with VLA.
If clients are experiencing delay problems in any of these areas, advocates should call the DCF Ombudsman, Richards Giddings at 241-1492. If that does not resolve the issue, refer the client to VLA.
Vermont Legal Aid. We can help.
(800) 747-5022
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VLA Sues Barre City and Rutland City for
Shutting Off Water to Innocent Tenants
Vermont Legal Aid has brought suit in two cases on behalf of tenants in Barre City and Rutland after each city terminated the tenants' water service when their landlords failed to pay the water bill. State law, which plaintiffs contend is unconstitutional, allows municipalities to terminate water service to innocent tenants. State law provides no right to a pre or post-termination hearing, no right to contract directly for the water and no right to enter into any sort of payment agreement by the tenant for water service. Unless the tenants pay the landlord's entire bill, which is their landlords' debt and is often thousands of dollars, Barre and Rutland will not restore water service to the innocent tenants. The federal lawsuits allege that these actions of the two cities violate tenants' due process and equal protection rights under the Fourteenth Amendment of the United States Constitution. The Barre case was recently certified as a class action and the City of Barre has ceased terminating water service to any tenants during the pendency of the case.
Vermont Legal Aid. We can help.
(800) 747-5022 |
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Fair Housing
Housing discrimination is unlawful. That means it is against the law for
someone to discriminate against a person in housing because of that person's race or color, national origin, religion, age, sex, disability, sexual orientation, gender identity, marital status, or because the person has minor children or receives public assistance.
Housing discrimination takes many forms. Refusing to rent, sell, or give a mortgage to someone because of any of the bases listed above is housing discrimination. It's also housing discrimination to have different rules for some residents of housing because of any of these same bases. And it's also housing discrimination to refuse to reasonably accommodate a person with a disability in housing.
If you or someone you know believes that he has been discriminated against in housing, please call us. We investigate housing discrimination, give legal advice, and represent victims of housing discrimination.
If you would like to volunteer with us as a civil rights investigator or in another capacity, please also give us a call.
Vermont Legal Aid. We can help.
(800) 747-5022 |
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Taxes
Tax season is upon us again. Refer clients to a free tax preparation site. The VITA (Volunteer Income Tax Assistance) sites and AARP Tax Aid sites offer free tax preparation for low-income, disabled, and elder taxpayers. For a list of free tax preparation sites, visit our Tax page on www.vtlawhelp.org.
IRS More Likely to Audit EIC Claimants: Refer to VLA
The IRS is more likely to audit a taxpayer who claims the Earned Income Credit (EIC) than it is to audit other taxpayers. In addition, the IRS often freezes an EIC filer's refund instead of sending the return and auditing later. A freeze means that instead of sending the refund and then auditing the taxpayer later, often about two years later, the IRS audits the EIC return right away and doesn't send the taxpayer a refund. You may hear from taxpayers whose current year refunds have been frozen or who have received a notice from the IRS. Please have these clients call Legal Aid.
IRS More Likely to Audit Head of Household Filing Status: Refer to VLA
Another area that is frequently audited is Head of Household Filing Status. Head of Household is a very good filing status for those who are able to claim it. However, it can be a confusing status to claim and a difficult status to defend if the IRS audits the return. The IRS often initially denies this status. Often, we are able to show that a client is eligible. Please refer clients who have received notices of audits from the IRS that deny their right to claim the claimed Head of Household status.
Please refer any clients who have a letter or notice from the IRS. A client may not know that they are being audited. IRS notices usually don't use this term. Instead, the IRS notice or letter will say that the IRS has frozen the refund, is proposing changes, has examined the return, or other similar language. If a client receives a letter from the IRS, please tell the client to call Legal Aid for legal advice.
Please refer clients who have received any IRS notice to VLA's Low Income Taxpayer Project at (800) 889-2047. If the taxpayer lives in Washington, Orange, or Lamoille counties, please refer them to the Central Vermont Low Income Taxpayer Clinic at (800) 639-1053.
Vermont Legal Aid. We can help.
(800) 747-5022 |
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VLA and Law Line Host
2011 Lay Advocates Training April 1
Save the Date!
Vermont Legal Aid, Inc. and Legal Services Law Line of Vermont
2011 Lay Advocates Training
April 1, 2011
8:30 - 4:00
Vermont Technical College, Randolph Center, Vermont
Legal seminar topics include
Landlord-Tenant
Mobile Home Parks
Hoarding,
SSI/SSDI,
Consumer,
and many more to be announced!
$20.00 (includes materials, a light breakfast, and lunch)
Registration begins February 21, 2011 and ends March 18, 2011.
Registration materials available:
· Online: www.vtlawhelp.org/registration
· Or Call: 1-800-639-8857
Vermont Legal Aid. We can help.
(800) 747-5022 |
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Legal Aid and Law Line Online
Check us out on the web at www.vtlegalaid.org
Our legal education website, www.vtlawhelp.org
provides information about Vermont laws, fillable legal forms, generic court documents, and links to laws and legal resources.
Vermont Legal Aid. We can help.
(800) 747-5022
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