Opt Out – What do you think?

There’s an article in the Free Times that features Commissioner Sue Berkowitz. It focuses on the Opt Out idea that is currently circulating in D.C. regarding the Health Care Reform Package.

Some statistics from the article:

Currently, South Carolina ranks 48th in the country in overall health, according to data from the United Health Foundation. The state ranks near the top in such categories as stroke deaths, infant mortality and percentage of uninsured children and near the bottom of such lists as access to prenatal care and percentage of healthy children.

Also, approximately one in six South Carolinians are uninsured, according to Census data, and 80 percent of the uninsured are from working families, according to Families USA.

Tell us what you think:

-RFW

Filed under: Health Care, Law, Legal, Legal Drafting, President, SC Appleseed Legal Justice Center, South Carolina, access to justice, access to justice blog, advocacy, attorney, blog, hunger, indigent, legal aid, people with disabilities, poverty, poverty guidelines, public interest attorney , Census, Families USA, Free Times, Health Care, health care reform package, insurance, opt out, SC access to justice commission, South Carolina, South Carolina health, Sue Berkowitz, uninsured, United Health Foundation

Blog Action Day 2009: Climate Change

You may wonder what Climate Change has to do with Access to Justice. And at first glance, it may not seem to have a connection. But when you consider the potential negative effects of Climate Change such as lack of clean water supplies and more natural disasters, the connection becomes less tenuous.

Consider clean water. If Climate Change impacts clean water supply, it is likely that costs of water purification will rise even if the demand remains constant. This would impact people living in poverty such that not only would they be less likely to have access to the clean water, but their health may be at risk. With many people in poverty already living without health insurance, the numbers of unhealthy poor people will be expected to rise. With people paying a premium for water, simply for sustenance, they are less likely to be able to afford legal assistance.

Now consider increasing natural disasters. The entire U.S. nation watched Hurricane Katrina unfold. Who suffered most in this historic natural disaster? People living in poverty. They were less likely to be able to transport their families and themselves out of harm’s way. Even if they were able to do that, they were less likely to have home insurance. Less likely to have skills necessary to relocate to another location where their job skills would easily translate into a new/different job.

As stewards of this planet, we need to consider how our actions affect not only ourselves, but our neighbors as well.

As noted on the front page of Blog Action Day: Climate change affects us all and it threatens more than the environment. It threatens to cause famine, flooding, war, and millions of refugees.

Isn’t it time we consider our actions?

-RFW

Filed under: 1, Health Care, Law, Legal, South Carolina Access to Justice Commission, access to justice, access to justice blog, blog, elderly, hunger, poverty , access to justice, Blog Action Day 2009; Climate Change, people living in poverty

Guess

What do Harvest Hope and SC foreclosures have in common?

If you guessed that South Carolina has seen a marked increase in foreclosures and requests for food have markedly increased, you win!

According to the Columbia Regional Business Report (CRBR):

South Carolina’s foreclosure rate from July to August 2009 was up 1.94%, reported national real estate tracking company RealtyTrac.com. That number is more than 78% higher than it was one year ago.

According to Harvest Hope:

In the first quarter of 2009, Harvest Hope experienced a 142%  increase in the number of families needing assistance.

Earlier today I attended a fundraiser luncheon for Harvest Hope. It made me focus on how the problems faced by so many living in poverty are faces of our neighbors, our friends, our loved ones.

The “featured” speaker at the luncheon was someone who had been working – two jobs. Two good, solid jobs. Then she got ill. Which started the medical bills and absence from work. Which caused her to lose her jobs. Both jobs. The bills kept coming. When it came to paying bills, she used her money for medical bills and medication. Then she lost her home. She stopped eating so much. That made her sicker. Then she found Harvest Hope.

She was able to eat.

The doctors are still trying to figure out what is “wrong” with her. In the meantime, she can eat. Without Harvest Hope and the necessary nutrition it provides, she would be even more sick.

While these societal problems may not be legal, I guarantee that the Legal Aid Telephone Intake Service (LATIS) has been referring people to Harvest Hope.

And once people have nutrition and can think about something other than an empty belly, then they may call LATIS for assistance with a problem with their Landlord. Or maybe for help with their Medicaid benefits. Or help with a way to escape their abusive spouse.

-RFW

Filed under: 1, AIDS/HIV, Ask-A-Lawyer, Health Care, Law, Legal, South Carolina, South Carolina Access to Justice Commission, South Carolina Legal Services, Unemployment, access to justice, access to justice blog, advocacy, attorney, blog, children, disability, divorce, domestic violence, elderly, employment, foreclosure, homeless, housing, hunger, indigent, people with disabilities, poverty, poverty guidelines, public interest attorney, subprime mortgage crisis , abusive spouse, Columbia Business Regional Report, foreclosure, Harvest Hope, hungry, Landlord, Landlord/Tenant, LATIS, Legal Aid Telephone Intake Service, Medicaid benefits, poverty, RealtyTrac.com, South Carolina, Tenant

8.24.09 Ask-A-Lawyer: Nosy’s Report

8/24/09 Ask-A-Lawyer Call Center at WLTX

On Monday Night, WLTX became ground zero for ASK-A-LAWYER. We arrived in time to start and learned that the calls had started as early as 4:30 p.m. Once we were shown our call-center, we started answering phones “Ask-A-Lawyer, how may I help you?” while our web counter-parts began their online-duty.

Jeff Goodwyn answers questions at WLTX Ask-A-Lawyer

The 6 on-camera attorneys were Cynthia A. Coker, T. Jeff Goodwyn, Edna Primus, Jennifer W. Rubin, Tana Vanderbilt and Robin F. Wheeler.

Cindy Coker, SC Bar Public Services Director

The phones were ringing non-stop. WLTX graciously provided us with water and chocolate; both of which were appreciated. Darci Strickland and Andrea Mock interviewed us during the session and helped us maintain our energy with their enthusiasm. And at the end of the evening, JR Berry dropped by to thank us for our hard work.

Edna Primus and Tana Vanderbilt field questions

Caller Origin:

• 18 of my 30 calls originated from Richland County;
• 1 from Fairfield;
• 1 from Florence;
• 1 from Greenwood;
• 2 from Kershaw;
• 3 from Lexington;
• 3 from Orangeburg; and
• 1 from Sumter.

Mind you, I had 30 calls total in a 2 1/2 hour span and I even took a moment off the phones for an interview.

Caller Issues:

• 6 questions about Divorce/Alimony
• 5 Child Support/Child Custody and Visitation/Adoption
• 4 Consumer Law including Bankruptcy
• 3 Wills and Estates
• 2 Employment
• 2 Medical Malpractice/Health Care
• 1 Social Security
• 1 Landlord/Tenant
• 1 Homeowners Associations
• 1 Immigration
• 1 Traffic Laws
• 1 question about Taxes; and
• 2 non-legal questions.

Ask-A-Lawyer also included the “web-chat” piece. Three attorneys (Peter M. Balthazor, K. Cameron Currie, and Jennifer L. Locklier) fielded web questions during the same time.

All in all, it was a busy time, but I enjoyed every caller and hope that they felt that they had received a worthy service from us. I will DEFINITELY do this again.

Thanks to SC Bar staff Deborah Morris who coordinates the event, Joey Heape who insures that the web equipment functioned properly, and Elizabeth Martin who popped in for a few photos.

And special thanks to our host station, WLTX. You helped us make this a success!

-NOSY WHEELER

LATE PS – I wish I had asked the name of the camera operator at our station because he was an absolute delight. When he saw us running out of water, he brought the new bottle to us. Thank you Camera Operator!

Filed under: 1, Ask-A-Lawyer, Court, HHS, Health Care, Immigration, Law, Legal, Right to Counsel, Rule of Law, SC Bar, SSDI, SSI, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Foundation, South Carolina Bar Pro Bono Program, Unemployment, access to justice, access to justice blog, advocacy, attorney, blog, children, divorce, domestic violence, employment, foreclosure, housing, indigent, labor, pro bono, public interest attorney, self-represented litigant, state employment security commission, subprime mortgage crisis, veterans , WLTX, SC Bar Ask-A-Lawyer

P&A Wants You(r Input)!

Every year the South Carolina protection and advocacy system, Protection and Advocacy for People with Disabilities, Inc. (P&A) asks for public opinion on what they should do also known as priority work areas.

Their Board of Directors reviews the information from the public and compares it to data they have received throughout the year. Once the Board has completed this process, it sets the priority work areas for the year. The reason they’re asking for it now is that their fiscal year runs October 1 to September 30.

To get your input into setting their priority work areas, P&A asks that you complete their online survey that will close on September 10, 2009.

-RFW

Filed under: 1, AIDS/HIV, DOJ, Election, Health Care, Immigration, LEP, Law, Legal, Legal Clinic, Limited English Proficiency, South Carolina, South Carolina Access to Justice Commission, Unemployment, access to justice, access to justice blog, advocacy, attorney, blog, children, constitution, disability, elderly, employment, homeless, housing, hunger, indigent, legal aid, people with disabilities, poll, protection and advocacy system, public interest attorney, self-represented litigant, veterans , http://www.pandasc.org/, P&A, priority work areas, Protection and Advocacy for People with Disabilities Inc., protection and advocacy system, South Carolina, Suggestion Box

Dallas News: Immigrants with Mental Illness

Appropriate treatment is difficult for most who live with serious mental illness. Often treatment is relegated to the detention system instead of appropriate community or in-patient facilities.

Just take a look at recent posts out of Iowa,  Las Vegas, Ft. Lauderdale, and Lakeland.

But if you’re an immigrant in the U.S., it’s almost impossible to find appropriate treatment, at least according to an article by the Dallas News.

Excerpts:

They get limited mental-health care while in detention, advocates say – and that’s only if they’re diagnosed. They aren’t entitled to competency hearings before standing trial. And the majority of them face judges without legal counsel, and with little recourse to defend themselves from deportation.

. . .

“We are continuing to work … to improve the services and the availability of health care to those in our custody,” said Tim Counts, spokesman for U.S. Immigration and Customs Enforcement.

But immigration court officials acknowledge there’s little guidance for how to handle mental health once these detainees come before a judge. Although judges can’t accept an admission of guilt from an “unrepresented incompetent,” there are no immigration-court proceedings to determine a person’s competency. Judges have to go with their gut – which can be tough to gauge with language barriers and the frequent use of long-distance video conferencing.

What is the solution? Is there a solution. I’d love to hear from you.

-RFW

Filed under: Court, Health Care, Immigration, LEP, Law, Legal, Limited English Proficiency, Right to Counsel, access to justice, access to justice blog, advocacy, attorney, disability, people with disabilities, self-represented litigant , community treatment, Dallas News, Ft. Lauderdale, Immigrants with Mental Illness, Iowa, Lakeland, Las Vegas, mental illness, serious mental illness, Tim Counts, U.S. Immigration and Customs Enforcement

Health Care and Bankruptcy: Not a Match Made in Heaven

Health or Money: The Choice is Yours

In this week’s issue, the Free Times quotes Commissioner Sue Berkowitz speaking about health care, insurance and the effect of facing medical bills without insurance:

Forty-six million Americans, including 750,000 South Carolinians, are going uninsured,” Sue Berkowitz, director of the South Carolina Appleseed Legal Justice Center, said in kicking off the forum.study, Berkowitz said that 50 percent of personal bankruptcies in the nation stem from medical bills.

Many more are underinsured, and the numbers of people in both categories have been increasing for years.

At the same time, health care costs have been spiraling out of control for just as long and exacting a crushing toll on household and business finances. Citing a

That’s a staggering figure – 50% of personal bankruptcies in the United States stem from medical bills!

Click here to read the full article.

-RFW

Filed under: 1, Health Care, Law, Legal, SC Appleseed Legal Justice Center, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, disability, elderly, indigent, people with disabilities, poverty, public interest attorney , American Journal of Medicine, bankruptcy, Commissioner Sue Berkowitz, Free Times, Health Care, South Carolina Appleseed Legal Justice Center

Berkowitz & Knapp: Op-Ed Take 2

Last December, Commissioner Sue Berkowitz and Columbia Business Leader Frank Knapp co-wrote an Op-Ed on Medical Spending. This morning they teamed up for a second Op-Ed – Berkowitz and Knapp: Hidden Health Tax Must End. It’s well worth the read.

-RFW

Filed under: 1, Health Care, SC Appleseed Legal Justice Center, South Carolina, access to justice, access to justice blog, advocacy, attorney, indigent, poverty , Commissioner Sue Berkowitz, Frank Knapp, Hidden Health Tax, Medical Spending, Sue Berkowitz, The State, The State newspaper, U Need 2 Know

Don’t Get Hurled Away by a Hurricane!

Hurricane season is here! (June 1-November 30) 

A hurricane can have potentially long lasting and devastating effects if you are caught unprepared.  It is not difficult to take steps before a hurricane hits to protect you and your home, but dealing with the aftermath of a hurricane when you did not prepare can be a long painful process.  Don’t wait until a hurricane is on its way toward your home town; take the time now to secure the safety of you and your family so you are not caught off-guard by a hurricane this season.  In South Carolina, the South Carolina Emergency Management Division is a great place to start to prepare for a disaster.

Steps to take before a hurricane hits (FEMA):

1. Secure your home with permanent storm shutters or plywood.
2. Make sure your roof is securely fastened to the frame structure of your home.
3. Trim trees and shrubs.
4. Clean out rain gutters and downspouts.
5. If you have a boat, secure it.
6. Build or determine which room in your house is the most secure in case of an emergency.
7. Make copies of your personal records including Social Security Card, Birth Certificate, Passport, etc.  Give the copies to relatives in another state or keep them stored electronically where they can be accessed from anywhere.

How to get help after a hurricane hits (National Disaster Legal Aid):

1. A list of local organizations that can help can be found at www.lawhelp.org
2. If you lose your ID, passport, Social Security card, or other important documents you can find out how to replace them at www.uslegalforms.com/life-documents.htm
3. Sometimes homes are destroyed or inaccessible in the wake of a hurricane and families are not able to return home.  The US Department of Housing and Urban Development Office of Public and Indian Housing and FEMA have programs that provide temporary housing.
4. Families that are displaced due to hurricane might have problems finding employment.  The Disaster Unemployment Assistance Program gives assistance through unemployment benefits.  You cannot be eligible for these benefits if you already receive unemployment.  Visit their website for eligibility requirements.
5. If you are displaced because of a hurricane then your children will need to find a temporary school to meet their education needs.  www.serve.org/nche/downloads/dis_hb/parents.pdf.
6. Disaster food stamps assistance is available in the wake of a hurricane.
7. Legal aid attorneys can help with landlord/tenant issues, contractor disputes, insurance issues and more.
8. Other websites that can help in disaster preparedness:
   1. www.redcross.org
   2. www.abanet.org/disaster
   3. www.nilc.org/disaster_assistance/index.htm

-Allie

Filed under: 1, HHS, Health Care, Immigration, Law, Legal, Legal Documents, SSDI, SSI, South Carolina, South Carolina Legal Services, Unemployment, access to justice, attorney, disability, elderly, employment, homeless, housing, labor, legal aid, veterans , American Bar Association, disaster, emergency, FEMA, food stamps, housing, HUD, hurricane, insurance, legal forms, National Immigration Law Center, NILC, Red Cross, SCEMD, South Carolina Emergency Management Division, Unemployment

Friday Wrap 5.29.09

All the week’s “atj” newsworthy items wrapped up

 Friday Wrap

Texas – Texas Access to Justice Commission and Foundation Recognize Major Contributors to Texas Legal Aid

Chicago, Illinois - ABA Invites Obama to it Annual Meeting

Washington, D.C. – 2nd ABA National Conference on Employment of Lawyers with Disabilities (Hurry for the EARLY BIRD special because after June 1st the registration increases)

United States Supreme Court – President Obama nominates Judge Sonia Sotomayor for the U.S. Supreme Court (For more news links, click here. For blog coverage, click here.)

Brooklyn, New York - A Call for Pro Bono at Boro Hall

Lexington, Kentucky – Interview with a True Change Agent

Nashville, Tennessee – New Legal Advice Clinic to Help with Debt Issues

Richmond, Virginia - LINC Recognizes Outstanding Volunteers

Public Justice Center – Donor Inspires Us with $10,000 Gift 

Ventura County, California – New County Program Helping Low-Income Families Adopt

 Winston-Salem, North Carolina – Practical Paralegalism: Paying it Forward

Oklahoma City, Oklahoma – Credit Card Reforms Could Help Statements

Fairfield, Connecticut – Hard Times Force People Into Family Court “Solo”

Honolulu, Hawaii – Starn O’Toole Marcus & Fisher Supports Access to Justice Commission

Australia – Pro Bono Work Good for Law Students

New York, New York – Pro Bono Recruitment Drive

San Diego, California – Law Made Public: Legal Research Class for the Self-Represented Litigant

-RFW

Filed under: 1, Court, Health Care, IOLTA, Identity Theft, Immigration, LEP, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, President, Readability, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, Unemployment, access to justice, access to justice blog, advocacy, attorney, blog, disability, divorce, domestic violence, elderly, employment, homeless, hunger, indigent, law librarians, law students, legal aid, military, people with disabilities, poverty, poverty guidelines, pro bono, public interest attorney, self-represented litigant, subprime mortgage crisis, veterans , $10000 Gift, 2nd ABA National Conference on Employment of Lawyers with Disabilities, ABA, access to justice commission, Adopt, Adoption, American Bar Association, Australia, Barack Obama, Boro Hall, Brooklyn, California, Chicago, Connecticut, Credit Card Reforms, D.C., Debt Issues, Donor, Fairfield, Family Court, Hawaii, Honolulu, Illinois, Judge Sonia Sotomayor, Kentucky, law students, Legal Advice Clinic, Lexington, limited scope representation, Low-Income Families, Nashville, New York, New York City, North Carolina, Obama, Oklahoma, Oklahoma City, President Obama, pro bono, Pro Bono Recruitment, Pro Bono Work, Public Justice Center, San Diego, self-represented litigant, Starn O'Toole Marcus & Fisher, Tennessee, Texas, Texas Access to Justice Commission and Foundation, Texas Legal Aid, U.S. Supreme Court, United States Supreme Court, Ventura County, Washington D.C., Winston-Salem