| |
| About ALRP | Legal Information | AIDS Law Manual | Public Policy | Volunteer |
| Panel Notes | Staff and Board | Other Resources | Calendar | Help ALRP |
Landlord/Tenant
Steve had been on the Housing Wait List to receive a HOPWA (Housing
Opportunities for People With AIDS) rental subsidy for several
years. When he finally received his subsidy, his landlord for
the past fifteen years said that he would not accept subsidies.
Steve called ALRP for help. His ALRP attorney informed the landlord
that local law requires a landlord to accept rental subsidies.
As a result, the landlord began accepting Steve's rental subsidy.
Vickie received a 30-day eviction notice because her landlord wanted to move into her apartment. Vickie had been living in her four-unit building for over six years. She decided to call ALRP as soon as she received the notice. An ALRP attorney informed Vickie that she is protected because she is a catastrophically ill person living in a unit for more than 5 years. Her ALRP attorney successfully defended the eviction, and Vickie continues to live in her apartment.
Bankruptcy
& Credit
Jane had been getting calls from collection agencies demanding
that she send them payments for an old debt that she can hardly
remember. The client used to work about three and half years ago.
She became ill and discovered that she is HIV positive and has
developed an AIDS diagnosis. She got on government benefits and
was no longer able to keep making the payment to the creditors
without spending just about all of her financial resources. Jane
called ALRP. After consulting with an ALRP staff person, she learns
that she is judgment proof and doesn't have to worry about sending
payments if she does not want to. Negative notations will remain
on her credit report however, but if she's not intending to apply
for new credit, that won't make a difference. The ALRP staff person
tells Jane to inform the creditors of her judgment proof status
by sending them a financial verification stating that she's receiving
Social Security Disability Insurance (SSDI), along with a medical
disability diagnosis verification.
William received
a demand letter for payment of a student loan that he got in 1982.
He had been sick for five years with AIDS and had been receiving
Supplemental Security Income (SSI). He is unable to repay the
loan, and is confused as to why, after 17 years, he's finally
receiving a demand letter now. William calls ALRP, and finds out
that the Higher Education Amendments of 1998 delete from the bankruptcy
code the provision allowing for dischargeability of student loans.
This change also created a resurgence of demand for payments of
defaulted student loans. The ALRP staff person suggests to William
that he submit a medical cancellation application. Because his
medical condition is "catastrophic," the application
is accepted and the loan is cancelled.
Employment/Insurance
John had been working for his company in good standing for two
years. One afternoon, John mentioned to his boss that he needed
to take a break in order to take his medications. His boss asked
if he was OK, and John said he was fine but had to take these
medications at a specific time because they were anti-HIV drugs.
Over the next few months, his boss gave John fewer and fewer assignments,
while other employees were kept at the same level. Three months
later, John was abruptly laid off, while other newer employees
were not. His boss told him there was simply less work, adding,
"Besides, with your condition, I know you won't be able to
keep up with everyone in the future." John was shocked. He
couldn't talk his boss out of his decision, so he called ALRP.
Based on the evidence of job discrimination, an ALRP attorney
was able to obtain a settlement against John's former employer.
Marty is homeless and survives on General Assistance (GA) benefits. With his HIV-based medical problems such as neuropathy, it's really hard for him to get to the Veteran's Administration center to see his doctor regularly and get his medications. A social worker helped him apply for Supplemental Security Income (SSI), but he was turned down. The Social Security Administration said that his medical records didn't indicate that he was sufficiently disabled to qualify. "Great," thought Marty. "I'm too sick to qualify for being sick." His social worker told him to call ALRP. ALRP attorneys helped organize his medical records from the VA and other places he'd received care, and filed an appeal. By knowing exactly how to phrase his medical problems, the ALRP-referred was able to get Marty on SSI, while also getting him his retroactive benefits.
Louis worked for 15 years for the same firm. When Louis went out on disability, he had no problem obtaining first his short term and then long term disability payments. He thought they were permanent benefits. But after a couple of years on disability, the insurance company kept asking both Louis and his doctor more and more questions about his health and ability to work. Despite having all their requests for information answered, the insurance company shut off Louis' benefits, claiming that he was able to do a variety of jobs. ALRP appealed this decision, demonstrating that his medical records supported his claim of continuing fatigue and diarrhea that would prevent him performing any consistent work duties. After numerous letters and threat of a lawsuit, Louis finally had his benefits reinstated.
Wills/Probate
Marvin has recently passed away. He prepared a will and it was
properly executed. His sister, Cathy, was named as Executor of
the will. Marvin's estate consists of a painting worth $400, a
movie collection worth $200 and some photographs that have sentimental
value. Marvin had a VISA bill with an outstanding balance of $5,000.
Cathy called ALRP because she wanted to probate the will. But
Cathy was informed by an ALRP staff person that a will under $100,000
need not go through probate. Cathy, as Executor, must carry out
her brother's wishes and distribute his small estate accordingly.
Furthermore, she wrote the bank that held her brother's VISA account
and informed them of his death and attached his death certificate.
Family Law
Sally has recently been diagnosed with HIV and has begun drug
therapy. She is employed full time and feels like she's in good
health. However, she wonders who will take care of her 2 year-old
daughter should something happen to her. The child's father is
deceased and she is not sure what to do. Sally calls ALRP. An
ALRP staff person explains that she has two options. She can prepare
a will nominating a guardian, upon her death. But there may be
a time interval between her passing and someone being appointed,
because the guardian would have to petition the court at the time
of her death. So instead, Sally can seek a "joint guardianship"
through the probate court. Joint legal guardianship allows a terminally
ill parent to share legal rights and responsibilities for her
child with another adult. The guardianship lasts beyond the death
of the parent, allowing the surviving guardian to maintain responsibility
for the child. Sally chooses to do this, and both Sally and the
guardian she chooses are appointed as the "joint guardians"
of the child.