Legal Aid Society of Northeastern New York

Emma, a twelve-year-old girl was subjected to on-going bullying by her classmates. One day, these classmates jumped Emma and beat her nearly unconscious.

As a result, she experienced paralyzing anxiety about going to school. Unfortunately, the school’s tutoring program took place after school hours but on school grounds. She was repeatedly subjected to her attackers while trying to cram a full school day worth of work into two hour long tutoring sessions. In addition Emma was identified as having anxiety and learning disabilities by the school district due to LANNY’s advocacy.

LASNNY filed both a Dignity for All Students Act (DASA) complaint and a referral to the school district’s Committee on Special Education to have Emma classified as a student with special education needs.

Legal Aid prevailed on both cases. The school classified Emma as a special education student and placed her in a smaller classroom environment where she received the supportive services and accommodations she needed to succeed academically. The school was also forced to take steps to both discipline and monitor her attackers and provide training to its staff.

Emma made an impressive transition back into the classroom environment with the services and accommodations she received. 12 year old Emma is now happy about going to school, making new friends, and improving her grades. 

Read more on the Post-Star website

The Glens Falls Housing Authority approved Julianne White for an apartment.

Her request for an emotional support animal received a different response: No dogs allowed.

White, 76, had called several attorneys to no avail until her plight reached the attention of the Legal Aid Society of Northeastern New York. There, staff attorney Brenna K. Sharp mailed a letter to the housing authority explaining its policy violated state and federal law. The policy is now no more.

Read more on the Times Union website

Debts Discharged and a License Preserved

When Annie Parsons borrowed a friend’s car, she never imagined that a simple errand would cause so much trouble. Annie borrowed the car to drive the short distance from Cohoes to Albany and unfortunately was involved in an accident along the way. When she realized that her friend hadn’t kept the car’s insurance up-to-date, things got complicated.

According to Annie, she was not at fault for the accident, however, the other driver’s insurance company still came after her. She explains, “The insurance company demanded that I pay thousands of dollars in damages. They threatened to garnish my disability checks and tried to suspend my license.” She continues, “They only reinstated my license after I agreed to make payments to them.” Annie is disabled and relies on her license to get to doctor appointments, so she tried to do what the insurance company asked. However, it quickly became clear that the payments were too much of a burden for her limited income. Not knowing where else to turn, Annie contacted the Legal Aid Society of Northeastern New York (LASNNY) in August of 2016.

The case was referred to Sean Moran, a LASNNY attorney who focuses solely on chapter 7 bankruptcies. Sean says, “The other driver’s insurance company obtained a judgment against Ms. Parsons and she called us shortly before her license was going to be taken away.” After meeting with Annie, it became clear that a chapter 7 bankruptcy would be the best course of action. She says, “I met with Annie, reviewed her credit reports, looked over her debt, and prepared a chapter 7 bankruptcy petition.” Before Sean filed the paperwork, Annie took a credit-counseling course. After filing, both attended a 341 hearing (meeting of the creditors). By March 2017, her debts were discharged. Thanks to Sean’s hard work, Annie’s debt to the insurance company was discharged. And most importantly, Annie still has her license and is able to transport herself to vital doctor appointments.

When individuals are buried under debt, it can seem like there’s no way out, but thankfully Legal Aid can help find a solution. Sean says that he’s been able to help a lot of people through his chapter 7 bankruptcy work. He says, “I’ve been able to do everything from prevent utility shut-offs to assist previously incarcerated individuals.” He adds, “This is especially important because when individuals are incarcerated, the debts can pile up very fast.” Sean says, “At least for the Albany office, this is a new program that we’re working on building up.” He continues, “Annie was my first bankruptcy case, but I now have over 50 clients.”

With her debts discharged and her license in good standing, Annie is now able to focus on her health and well-being. She says,” After the accident, I was very depressed about the situation. I was in a bad spot, but Sean helped me out of it.” Annie continues, “I’m not exaggerating when I say Sean saved my life.”

Gail Spicer, a widowed homeowner living in rural Cambridge, New York, found herself headed down the path to foreclosure. Her husband passed away unexpectedly and she fell behind in her mortgage payments. Worried she was going to lose her home; Gail contacted the Legal Aid Society of Northeastern New York (LASNNY) for assistance.

Laura Dwyer was assigned to Gail’s case and was able work with the court to preserve Gail’s home. Laura explains, “Ms. Spicer came to us in need of help obtaining a loan modification to save her home from foreclosure.” Unfortunately as Laura and Gail worked to submit a loan modification application, another tragedy struck. Gail’s adult son, who lived with her and contributed financially, passed away. After the death, Gail’s granddaughter, who had been living with her father, bounced around from home to home, often missing school, and experiencing a lot of instability. Fortunately Gail was granted custody of her granddaughter and this made saving her home that much more important. But with inconsistent child support payment from the granddaughter’s mother and the loss of her son’s monetary assistance, Gail experienced extreme financial pressure.

Laura assessed the situation and soon a new plan was in the works. Laura says, “We were able to obtain an adjournment, work with Gail on her budget to make up for the lost income, and submit a new application.” Soon after, the new application was approved and the foreclosure was dismissed. Unfortunately, Gail’s story doesn’t end here. Shortly after the modification went into effect, the monthly payments increased significantly. Gail called her bank repeatedly, but was unable to receive an answer as to why this happened. But fortunately, LASNNY was able to assist again. Laura reached out to an escalation contact at the bank to inquire about the increase and learned there had been a paperwork error. Laura says, “We learned there had been a miscalculation in the escrow shortage arrears and the current escrow had also increased. We were able to work out an affordable repayment plan of the escrow without any late fees being incurred and preventing the bank from filing another foreclosure against her.”

Laura is a tireless advocate for her clients and is continuously looking for ways to help them. She says, “After we worked out the most recent payment plan, which is affordable, but just barely, I contacted the New York State Mortgage Assistance Program. NYS-MAP provides interest free loans with no monthly payment to eligible applicants to save their homes. I advised NYS-MAP of Gail’s situation and they suggested filing for a loan for the maximum amount of $40,000 and using it as a down payment towards a loan modification or restructuring.” If Gail is approved for the NYS-MAP loan, it could pay off the repayment amount in one lump sum, reduce her principal, and ultimately reduce her monthly mortgage payment even more. Laura has been in touch with the lender regarding another modification and, assuming Gail is approved for a NYS-MAP loan, they agreed to consider the proposal. As of press time Laura and Gail are waiting to hear back from NYS-MAP.

As for Gail, she can’t thank Legal Aid enough. She says, “Laura is an absolutely fantastic person. I know without a doubt that I wouldn’t have been able to keep my house without the help of Legal Aid.” Now that the threat of foreclosure is behind her and payments are lower, Gail can breathe a bit easier. And most importantly, she can provide a stable home for her granddaughter. Gail’s granddaughter has been living with her for an entire year and she says, “My granddaughter is now able attend school and live in the only home she has ever known.”

Veronica Reed is a LASNNY volunteer attorney who heads up a successful family-focused law firm in Schenectady, but prior to entering private practice, Veronica represented corporations like General Electric, Kawasaki, Booz Allen Hamilton, and MTA New York City Transit. She also spent time in New York City as a litigator for Fisher & Fisher and Traub, Lieberman, Straus & Shrewsberry, LLP. In that role, she represented public, private, and parochial schools, religious institutions, non-profits, and commercial clients throughout downstate New York counties as well as the Eastern and Southern U.S. District Courts.

Although she spent a portion of her career in New York City, the upstate region has always held a special place in her heart. Veronica grew up in Wilton, New York and has resided in Schenectady for nearly a decade. She is the mom of three children (plus a pet mom to two cats and one fish!) and is active in the Schenectady County Bar Association and New York State Bar Association, a board member of the De Blasiis Music Series, and a member of the Ellis Medicine Patient and Family Advisory Council. And she always finds time to donate her expertise to LASNNY clients.

This past summer, Donnell Berry sought help from LASNNY for a landlord-tenant matter. After being incarcerated, Donnell learned that his landlord had petitioned the Town of Greenfield Center for an order of eviction. While Donnell owned his mobile home, the landlord controlled the land underneath, a common scenario, but one that made the case more complicated. Donnell’s initial intake interview was for pro se help through the Closing the Gap program, but since his situation was not a traditional landlord-tenant case, Veronica agreed to take the case on pro bono.

From the outset, Donnell and Veronica faced challenges. Veronica says, “The landlord and his opposing counsel just behaved badly.” She continues, “The opposing counsel had decided that I was this out of town attorney that he would never see again. He thought that I was budging in to a local matter.” And Veronica was alarmed by the opposition’ s lack of respect for her client. She says, “The opposing council presumed that Donnell was not within his rights to ask for justice. They didn’t even want to give him a voice.” But Veronica made it her mission to make sure Donnell’s voice was heard.

Veronica was able to get the previous proceeding (that ruled in the landlord’s favor) dismissed because of several errors in the petition as well as a jurisdiction error that was catastrophic to maintaining an eviction. When she pointed out the errors, she says the Judge didn’t take it personally. He acknowledged the mistake and said he’d work to fix things. Veronica says, “The process of law is a collaborative effort and I truly believe that everyone is sincerely trying to uphold the constitution and work toward justice.”

Because of Veronica’s work to dismiss the case, Donnell he was able to return to his home. Furthermore, he was able to procure a lease, something he hadn’t had in the past. And Donnell says his neighbors in the mobile home park were also granted leases, a win-win for everyone. Veronica explains, “We helped get him the lease, but Donnell did most of the work when it came to negotiating.” Donnell says, “I feel more secure with a lease because it protects my rights.” He continues, “The landlord thought I would just pack up my stuff and leave – he wasn’t expecting me to fight back, but Veronica did her thing, and I’m so happy that I’m back in my home.”

Donna Spinner was married to her husband for over 30 years, when one day, he disappeared. Complicating the situation was the fact that the couple was in the midst of bankruptcy proceedings. Donna, middle-aged and with little work experience, was now on her own. Donna’s husband had worked for many years as a licensed petroleum product site developer and eventually the couple did well enough to open their own business in the field. Donna took on the role of bookkeeper for the company, but her husband was elusive about the state of their finances and by 2008 the company was bankrupt. This is when Donna’s husband took off – with customer payments in tow. A warrant was issued for his arrest. Donna retained an attorney and filed for divorce and spousal support, but her husband was evasive and they were unable to track him down. Donna says, “At this time, I was approximately 50 years of age. I had no employment, no income, and the home I had lived in with my children was being foreclosed upon.” She continues, “I also realized at this time that by working unpaid for my husband, I had no employment history, and no earnings for Social Security purposes.”

Donna moved back home with her elderly mother and due to health problems, applied for public assistance. Through her children, Donna learned that her husband was gainfully employed, but tracking him down proved to be fruitless. In 2014, when she was at her lowest point financially and health-wise, her husband served her with divorce papers. On the recommendation of a friend, Donna sought the help of Legal Aid and staff attorney Gerry Schafer was assigned to her case.

Gerry explains, “When he thought she was low enough, he decided to file for divorce, thinking she wouldn’t be able to seek representation and fight back. However, once Donna acquired representation, he didn’t want a divorce anymore.” Gerry says Donna’s husband could see the writing on the wall — he knew he’d be required to provide maintenance. Donna’s husband retained counsel, making court proceedings a bit easier, but he was uncooperative when it came to disclosing financial information. But Gerry says, “Donna was a great record keeper; she had all of his old tax returns and licenses so we could prove his income potential.” Thanks to the information that Donna and Gerry presented in court, Donna’s husband ultimately agreed to pay maintenance each month. Gerry explains it was a tough balance, “Based on some of his work history, we could have pushed for higher maintenance, but he’s on the cusp of retirement, and I wanted to be sure he would pay.”

To date, Donna’s husband has obeyed the court order and Donna’s quality of life has increased exponentially. She says, “I wake up in the morning free of the anxiety, stress, and depression that I endured for so many years of my marriage. I am no longer controlled emotionally or financially.” She continues, “I no longer have to reside with family members, nor do I receive public assistance.” With improved health and a more stable financial situation, Donna is ready to enter the next stage of her life. As of press time, she intends to enroll in college and enter the work force; something her husband had prevented her from doing. Because her husband was so uncooperative during the divorce process, legal representation was a necessity. And thankfully, Legal Aid was there to help.

When Sandy Safeer received a phone call from someone claiming to be from the Federal Bureau of Taxation, she wasn’t sure what to believe. She says, “They said I owed taxes from 2008 and threatened to throw me in jail for six months with no legal recourse.” Sandy is disabled and doesn’t usually need to file taxes, but she was concerned the threats might somehow be legitimate. “It was very scary and upsetting,” she says. Feeling unsafe and afraid, Sandy says she grabbed a bag full of personal belongings, jumped in her car, and drove to a friend’s house.

Her friend, a former policeman, advised Sandy to try and look up her past tax records. At this point, Sandy knew she needed legal help, so she made the call to Legal Aid and staff attorney Krzysztof Wendland urged her to come to the Albany office. “I was meeting with Krzys not even an hour later,” Sandy says. Together, Krzys and Sandy called the phone number back and when they inquired about the situation, the person on the other line hung up. At this point, Krzys had a hunch that this was a scam, but he wanted to confirm that his client was in the clear. Through power of attorney, Krzys was able to verify that there were no outstanding balances. Sandy says, “Krzys checked the records for the IRS, NYS Department of Taxation and Finance, and the PA Department of Revenue and saw that I didn’t owe any money.” Sandy’s relief was immediate. Reassured that she didn’t owe any back taxes, Sandy was able to return to her home without fear of being arrested. She says, “Once I sat down with Krzys, I knew everything was going to be okay. Legal Aid is just an amazing resource.”

Krzys says, “We see quite a few of these cases, it’s in the news all the time and it’s very scary for the clients.” And unfortunately, since many of the calls are untraceable, it can be tough to track down and stop the con artists. “This scam affects everyone – they’re literally calling everyone in the phone book,” Krzys explains. To get to the bottom of things, Krzys says individuals need to confirm whether there is any income tax issue that prompted the call. He says, “Sometimes people don’t file their tax returns and a scammer will file a return on their behalf [in order to claim a refund].” He continues, “If the IRS sees this, they may have questions or they may try to make an assessment on the return. This could lead to social security or disability check garnishment or a call from a revenue officer.”

To protect themselves, Krzys says that individuals should always file a return, even if their income level doesn’t make it mandatory. He explains, “I always tell people to file a return because this prevents a scammer from using your social security number and it keeps your address record up to date.” However, Krzys acknowledges that for many people, dealing with the IRS can be intimidating, so he urges anyone with questions or concerns to contact Legal Aid.

The red tape of filing a Social Security Disability claim is a nightmare familiar to thousands of Americans. But thanks to the help of Legal Aid attorney Adam DeFayette, who practices out of LASNNY’s Plattsburgh office, and veteran Joseph Perry’s dogged determination and preparation, the nightmare is over.

A veteran of both Desert Shield and Desert Storm, Joe, a single father raising two boys in the North Country, has been pursuing assistance from both the VA and the Social Security Administration for many years. His long Navy service contributed to his disabling conditions. After many years of denials and frustration, Joe turned to LASNNY for help.

Adam’s role as a “skilled advocate” (a designation he wears with humility) proved to be a critical element in winning Joe’s case: “Joe had a lengthy work history, which means that he paid into social security via payroll withholdings, just as all working people do — it’s supposed to be a form of insurance that you can draw off of in the event of chronic illness and disability. Unfortunately, Joe’s initial application was denied, an exceptionally common outcome,” explained Adam.

Joe’s initial application was denied, an exceptionally common outcome

“The application process can be confusing, and if it’s not something you do every day (like I do); most people have no idea how to make their claim truly effective,” Adam continued. “An appeal can actually be a much more humane and comprehensive examination of the person’s limitations than the initial application; as a result something like 50% of claims are won on appeal. These are the same people, with the same disabilities, that were initially denied. This about-face is primarily the result of enlisting an experienced practitioner that knows what Social Security is actually looking for.”

Joe’s case was financed through a special LASNNY grant which funds low-income social security applicants that have been denied benefits. The partnership between Adam and Joe—a cross between shoe-leather detective work and strong preparation—won the day. “Adam was very optimistic because my case was pretty much a done deal in his mind, it was strong and was backed with medical documentation, which in turn made his job that much easier,” said Joe.

“On the day of my hearing, Adam had told me my case was mine to tell, so he told me to get that across to the Judge. After the hearing Adam had said that I articulated my case so well that he was very optimistic about the outcome; he paid me a great compliment that I made this case an easy win for him, because of knowing it in and out.”

For Adam’s part, the search for medical evidence required persistence and tenacity. “That’s what I do, I track down every piece of medical evidence, and I reach out (often repeatedly) to the doctors that treated Joe—I need their input, and Social Security needs their input—and very often I educate the local medical community as to their role in these cases.

I often tell my clients that the social security judges care very little for what either of us has to say, but that they care a great deal about what their doctors have to say. I impress this on my clients from day one.” Joe Perry couldn’t have been happier with the outcome of his case, and he’s inspired to share his experience with others. “I received a phone call from Adam with the greatest of news: yes, the Judge had approved my disability claim! I was overjoyed and so were my children. I would most definitely recommend LASNNY to any person I know, especially any veterans. I am hoping that by telling my story, LASNNY can get more funds to help other veterans in these types of cases.”

I am hoping that by telling my story, LASNNY can get more funds to help other veterans in these types of cases.

Adam DeFayette has been working with LASNNY in the North Country for the last two years. “I think it’s a real privilege to be able to do this kind of work,” he added. “Legal Services is absolutely essential. Without a profit-motive, we can take important cases that would otherwise be cost-prohibitive. The work we’re doing is very high stakes for our clients—if we didn’t exist, there wouldn’t be anywhere to turn for help on these issues, and the results would be ­devastating.”

For more information about the Disability Advocacy Program,
contact Peter Racette, LASNNY Deputy Director, at
[email protected] or (518) 563-4022 ext. 118