Social Security Reform? Maybe
Resources for SSI Reduced in March
A Mouse in the House
LSC Issues New Income Guidelines
Unlawful Employer Practices
New Income Limits for PACE, PACENET
Grandparents' Rights of Custody of Grandchildren
Gov. Rendell Signs Family Support House Bill 2770
Attorneys, Agencies Support NWLS Mission
HHS Issues 2005 Poverty Guidelines for 48 States
Social Work Intern Serves Low Income Community
Free Tax Help Available for Seniors, Low Income People
Many Qualify for Advance Earned Income Tax Credit
Learn More About Your Legal Rights

Social Security Reform?  Maybe

Until economic experts and legislators can agree on what to do with the current Social Security system, it may still take some time to see any changes in the Social Security tax and benefits.

The proposed Personal Savings Account for wage earners who are under 55 has created political debates and battles among federal legislators and citizens alike.

Since its enactment in 1935, Social Security has assisted the elderly in poverty. It has assisted children when a parent dies. Survivors of spouses collect benefits. Retirees and survivors, who live long, benefit more through long periods in which they collect benefits. Social Security Disability Insurance (SSDI) has assisted disabled workers.

Under the current system, 6.2% is deducted from every income earner’s paycheck, and their employers match the tax with another 6.2%. The sum goes into the Social Security system. When the wage earner retires at age 62 or 65 or later, he or she receives monthly Social Security benefits, the amount of which depends upon his or her past earnings and the age he or she retires.

President Bush’s proposal is for wage earners below age 55 to pay 2.2% of their salary as Social Security tax and put the other 4% into a Personal Savings Account in the form of investments administered by the government and managed by private fund managers. The employer will continue to pay the 6.2% Social Security tax for each employee. Those who are age 55 and older will continue to receive benefits under the present Social Security system.

(Sources: SSA; Money, April 2005; New York Times, March 5-15, 2005, AARP Magazine, March/April, 2005)

Resources for SSI Reduced in March

How an individual’s income and resources are determined under the Supplemental Security Income (SSI) program has been revised starting March 5, 2005, according to the Social Security Administration.

To be eliminated from the definition of income and in-kind support and maintenance are: (1) gifts of clothing, except when received from an employer as part of one’s wages; (2) the ‘reasonable’ dollar value of household goods and personal effects up to $2,000 for an individual and $3,000 for an individual and spouse; and (3) one automobile regardless of its value if it is used by the individual or a member of the individual’s household as transportation for employment, for medical treatment, or if modified for a handicapped person.

(Source: Federal Register, Vol. 70, No. 24, pp. 6340-6345, February 7, 2005)

A Mouse in the House

A mouse in the house warrants a call to the building superintendent, except when the mouse is connected to a personal computer.

Northwestern Legal Services has teamed up with the Erie Tenants Council in February to offer free instruction in computer use for tenants of Erie public housing units. Caulene Sanford, NWLS Co-Director of Technology, facilitated classes at the St. Benedict Family Learning Center for people interested in learning more about personal computing.

The first series of classes focused on the Internet, and offered an introduction to using a Web browser, hyperlinks and websites. Classes also explored the world of email and provided information on how to get a free email account. Along the way, class participants were given a guide to understanding on-line resources, especially those websites that offer practical information that can benefit their lives.

“Our goal through this project is to get the word out about the vast amount of community education materials and self-help tools that exist through the Internet. We hope to provide information which will help seniors and low-income persons use the Internet to their advantage and tap into those resources,” Sanford explained.

Future sessions in the Spring will look more closely at specific resources offered through the NWLS website at www.nwls.org, as well as resources at www.PaLawHelp.org. Topics will include the following:

• Using a website to determine your eligibility for Food Stamps;
• Finding alternative health care or prescription programs via the Net;
• Learning where to find on-line benefit calculators;
• Applying for many benefits using the COMPASS Website;
• Getting free tax help via the Internet; and
• Learning about jobs posted to websites and submitting your resume.

So watch for upcoming sessions posted to the Erie Housing Authority Events Calendar and call the Erie Tenants Council at 814-899-8820 to register.

(Contributed by Vince Brocki, Resource Developer, NWLS, Erie Office)

LSC Issues New Income Guidelines

In order to qualify for free legal aid, NWLS clients must have earned income equivalent to 125% of the Federal Poverty Guidelines, according to the Legal Services Corporation. (Please see article below)

Unlawful Employer Practices

According to the Pennsylvania Human Relations Act, it is unlawful for an employer:

• to discriminate against an employee because of the employee’s age, if the employee is age 40 or over.
• to knowingly condone any type of gender-based harassment or unwelcome sexual advances in the workplace.
• to discriminate against anyone, in pay or other matters, because of his/her sex, or to retaliate against him/her because he/she asserted a right to be free from unlawful discrimination, e.g., filing a grievance with the company for unequal promotional opportunities, testifying or assisting in a complaint with the Pennsylvania Human Relations Commission.
• to discriminate or harass an employee because of the employee’s ancestry, national origin, race, color, or religion.
• to ask whether an applicant has a disability or about the severity of the disability prior to extending an offer of employment.
• to refuse to hire someone because of a risk that he/she may develop a disability in the future.
• to discriminate against an employee because of the employee’s association or relationship with a person with a disability.
• to refuse to hire an applicant solely because his/her disability requires the use of a support animal.
• to refuse to hire an applicant who has only passed a GED test.

(Source: Ann VanDyke, Investigator and Trainer, PA Human Relations Commission)

New Income Limits for PACE, PACENET

To correct the information in the Fall Issue of People’s Voice, the new income limits for PACE are $14,500 for a single person, or $17,700 combined income for a married couple. Copayment for each covered prescription for generic drugs is $6 and for brand name drugs, $9.

If you are a single Pennsylvanian age 65 or older, and your total income is between $14,500 and $23,500, or if you are married with a combined income of between $17,700 and $31,500, you may be eligible for PACENET. PACENET has a monthly deductible of $40, which will be cumulative if not met each month. Once the $40 deductible is met, the copayment for generic drugs is $8, and for name brand drugs, $15.

You may apply for PACE or PACENET if you are 65 years of age or older, have been a Pennsylvania resident for at least 90 days, and you are not eligible for pharmaceutical benefits under Medical Assistance. You can apply for PACE or PACENET even if you have health insurance or limited prescription benefits through another insurance coverage. Income includes Social Security, SSI, pensions, cash assistance, wages, etc.

Proceeds not counted as income include assets, food stamps, LIHEAP payments, gifts or inheritance less than $3,000, and the first $10,000 of death benefits.

(Source: Pennsylvania Department of Aging)

Grandparents' Rights of Custody of Grandchildren

In Pennsylvania, parents and grandparents have “standing” to seek legal custody of their children or grandchildren. (“Standing” is the legal doctrine whereby a party has rights given to her by law that she can seek to enforce in a court). Absent extraordinary circumstances, aunts, uncles, cousins, siblings and in-laws do not have “standing” to seek custody of their relative’s children.

The parent’s right is usually unquestioned. Unless a parent’s rights are terminated by the Commonwealth or she voluntarily relinquishes her rights, she will have some kind of right to custody of or visitation with her child.

A grandparent’s rights are more limited than a parent’s. A grandparent has rights to partial custody of, visitation with, or full custody of, her grandchild. The test for partial custody/visitation is different from the test for full custody.

Although the test is the same for partial custody and visitation, partial custody is different from visitation. Partial custody is defined as a court allowing a grandparent to take the grandchild out of the presence of a custodian for a specified period of time. Visitation is defined as a court allowing a grandparent to visit the grandchild in the presence of a custodian.

The Commonwealth of Pennsylvania allows partial custody/visitation when:

• it is in the best interests of the grandchild;
• it does not interfere with the parent-child relationship; and when one of the following conditions is met:
  • the grandchild’s parents have died;
  • the grandchild’s parents have been divorced or separated for at least six (6) months; or
  • when the grandchild has lived with the
    grandparents for at least twelve (12)months.

Grandparents can have full physical and legal custody of their grandchild if:

• it is in the best interest of the child to be in the custody of the grandparent instead of either parent;
• the grandparent has genuine care and concern for the grandchild; the relationship between the grandparent and grandchild began with the consent of the grandchild’s parents or pursuant to a court order; and one of the following conditions is met:
  • the grandparent assumed the role and responsibilities of a parent for twelve (12) months;
  • the grandchild has been adjudicated to be a dependent child by the Commonwealth; or
  • the grandparent assumes or deems it necessary to assume responsibility for a grandchild who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse, or mental illness.

  Only under these limited circumstances can grandparents have legal rights with respect to their grandchildren.

  (Contributed by David R. Hull, Esquire, Northwestern Legal Services, Franklin Office)

Gov. Rendell Signs Family Support House Bill 2770

Governor Rendell signed into law House Bill 2770 last November 30 which establishes and then evaluates pilot programs that would yield family support systems in Pennsylvania.

The law provides that families with children who are physically disabled will be eligible for family supports that include the following:

• changes to homes, such as widening of doorways
• the addition of ramps for wheelchair accessibility
• respite care in and out of the home
• assistive technology
• access to recreation
• information and referral
• other services offered by the Department of Welfare.

The Department of Welfare is in the process of establishing regulations for the new law.

(Source: Outlooks, Winter 2005, Vol. 6, Issue 1)

Attorneys, Agencies Support NWLS Mission

There are many ways that individuals and organizations can demonstrate their support for the mission of Northwestern Legal Services.

• Private attorneys provide pro bono representation and counsel to low-income clients with civil legal concerns.
• Domestic violence advocacy groups partner with NWLS in grants from the Department of Justice to bring the broad range of legal services to victims of domestic violence.
• Other social service agencies work with us to produce community legal education materials for clients with limited English proficiency.

All of these actions help us bring justice to people who cannot afford to hire an attorney on their own.

We are also appreciative of the direct financial support we receive from individuals and law firms throughout our service region. A special thanks goes out to the following people who contributed to NWLS during our Holiday 2004 fund raising campaign:

HHS Issues 2005 Poverty Guidelines for 48 States

The U.S. Department of Health and Human Services issued in February an update of the HHS poverty guidelines for the 48 Contiguous States and the District of Columbia.  The guidelines follow:

 The poverty guidelines are usually based on the last calendar year’s increase in prices as measured by the Consumer Price Index. Poverty guidelines are a simplified version of the federal poverty thresholds used for administrative purposes, such as determining financial eligibility for certain federal programs. Poverty thresholds are used by the Census Bureau for calculating all official poverty population statistics in order to determine the number of people in poverty each year.

The poverty guidelines are used for both farm and nonfarm families, and for both aged and non-aged units.

The HHS poverty guidelines, or percentage multiples of them (such as 125 percent, 150 percent, or 185 percent) are used as eligibility criteria by the following federal programs:

• Department of Health and Human Services
• Department of Agriculture
• Department of Energy
• Department of Labor
• Corporation for National and Community Service
• Legal Services Corporation

(Source:  U.S. Dept. of Health and Human Services)

Social Work Intern Serves Low Income Community

Low-income individuals and families who may be eligible for public benefits now have another resource working for them.

Kristyn Gable, a junior at Gannon University majoring in social work, will complete an internship at Northwestern Legal Services during the coming year. Her responsibilities at the NWLS Erie office will include screening for any public benefits that low-income people may be eligible to receive, and helping to raise community awareness about benefit programs and civil legal services.

“Kristyn will serve as an intern at the NWLS Erie office Tuesday and Thursday afternoons from 1 to 4 p.m.. Although she will be available to answer telephone inquiries from callers throughout the NWLS service region, she will be working primarily with low-income people in Erie County,” explained Jeannine Lawton-Knepper, NWLS public benefits specialist.

Referrals to the social work intern will be made in a variety of ways. The NWLS Central Intake Unit (CIU) will forward information about people who are not receiving public benefits to which they may be entitled, and NWLS law workers (attorneys and paralegals) will ask the intern to work with clients who they feel may be eligible for certain programs such as Food Stamps and LIHEAP.

“In the coming months, we want the intern to go out into the community and do pre-screening for public benefits at places such as grocery stores and laundromats. We want her to be pro-active in getting the word out about public benefits that can help low-income families make ends meet,” Lawton-Knepper reported.

The intern will also be involved in the facilitation of a self-sufficiency support group for unemployed residents of northwestern Pennsylvania who are struggling to re-enter the workforce. The support group will look at educational opportunities for these displaced workers, along with other public benefits that may help them.

Free Tax Help Available for Seniors, Low Income People

If you are still behind in filing your income tax returns for 2004, you have free help available. Free tax help is offered to senior citizens, low-income individuals, students and shut-ins through the Volunteer Income Tax Assistance Program (VITA) and Tax Counseling for the Elderly (TCE). You can also call the IRS at 1-800-829-1040 or access www.irs.gov.

To locate the VITA sites in northwestern Pennsylvania where you can get free tax help, go to http://www.nwls.org/FreeTaxHelp.htm. Most of these locations offer free electronic filing.

The VITA program gives free tax help to taxpayers who earn yearly $36,000 and below and cannot prepare their own tax returns. TCE provides free tax help to people age 60 and older. AARP also offers the Tax-Aide counseling program at more than 9,000 sites nationwide during the filing season. To locate the nearest AARP Tax-Aide site, call 1-888-227-7669 or visit AARP’s internet site.

To have your tax returns prepared by the volunteers, you need to bring with you the following documents or papers:

• Photo identification
• Social Security Cards for you, your spouse and dependents
• Birth dates for primary, secondary and dependents on the tax return
• Current year’s tax package if you received one
• Form W-2, W-2G, 1099-R, from all employers
• Forms 1099 (interest and dividend statements)
• Last year’s federal and state tax returns
• Bank routing numbers and account numbers for direct deposit of refunds
• Relevant information on income and expenses
• Total paid for day care and day care provider’s identification number.

I-CAN!EIC (http://icanefile.org) is available to do your taxes for free in English and Spanish. You can file your 2004 income taxes at irs.gov for free and claim Earned Income Tax Credit.

The Armed Forces Tax Council also offers free tax help to military personnel and their families.

Many Qualify for Advance Earned Income Tax Credit

The Internal Revenue Service income guidelines for the Advanced Earned Income Tax Credit for the 2004 tax year are generous to working taxpayers, including the following:

• Employed single parents with one child with adjusted gross income (AGI) of $30,338; and couples with one child filing jointly with AGI of $31,338, are eligible for a credit of up to $2,604.
• Employed single parents with two or more qualifying children with AGI of $34,458; and couples with two or more children filing jointly, with AGI of $35,458, are eligible for a credit of up to $4,300.

To get advance EITC payments from your employer, you must give your employer each year Form W-5. You can give your employer Form W-5 at any time of the year. Your advance EITC payments will be added to your pay in each pay period. Employers are required by law to make advance payments to eligible employees who provide them Form W-5. Advance payments are not subject to any withholding, such as federal or state tax, Medicare or Social Security.

Others who are eligible for the EITC are the following:

• Employed singles with no children with AGI of $11,490 or less; and employed childless married couples with AGI of $12,490, are eligible for a credit of up to $390 if they are age 25 to 65. (These very low income workers cannot get advance payments in their paychecks.)
• Foster parents and working grandparents who are raising their grandchildren;
• Parents of babies born on the last day of the tax year if one or both parents were employed during the year and meet income guidelines;
• Farm owners and business owners;
• “Permanent residents” (with “green cards” that give them the right to live and work in the U.S.) who have lived in the U.S. for the full tax year;
• Employees with high salaries who have been laid off or whose work hours were cut back.
  

Adjustments to income in order to arrive at one’s adjusted gross income include deductions for individual retirement accounts (IRAs), student loan interest, tuition and fees, moving expenses, partial self-employment tax, self-employed health insurance and retirement plans, and alimony payments.

Children who can be claimed for the EITC must be under 19, or under 24 if a full-time student, or permanently disabled dependents regardless of age. They must be your: son, daughter, adopted child, stepchild or a grandchild; brother, sister, stepbrother, stepsister, niece or nephew you cared for as your own child; or an eligible foster child. You and your qualifying children must have lived in the U.S. for more than half of the current tax year. Non-citizens must have lived in the U.S. for the full year.

The following are not eligible for the EITC:

• Taxpayers with “married filing separately” status;
• Taxpayers who claim income from another country (“foreign income”); and
• Taxpayers with income of more than $2,650 from stocks, mutual funds, bonds, and other investments.

(Sources: IRS, Consumer Action)

Learn More About Your Legal Rights

Clip and mail this coupon for a free speaker for your next meeting, conference, or in-service training. Sal Parco, Ph.D., our Community Educator, is available as a presenter on civil legal issues pertaining to the family, health, education, employment, housing, public benefits, and consumer rights. Better yet, call him at (814) 452-6949, Ext. 105, or e-mail him at
sparco@nwls.org. You can also request for him at our web site, www.nwls.org.

Please choose one topic for each hour of presentation from any of the following topics:
[ ] Free Legal Aid for Low-income Clients, Pro Bono, District Justice Court
[ ] Protection from Abuse, Divorce, Child Support, Child Custody
[ ] Medicaid, Medicare, Medigap, Managed Health Care
[ ] Rights of Students with Special Needs
[ ] Unemployment Compensation
[ ] Tenants’ Rights
[ ] Social Security, Supplemental Security Income
[ ] Temporary Assistance for Needy Families, Food Stamps
[ ] Medicare-approved Prescription Drug Discount Cards
[ ] Consumer Credit; Consumer Fraud
[ ] Living Will; Durable Power of Attorney for Health Care
[ ] Identity Theft [ ] Other___________________________________________

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