Legal Aid Society of Columbus
Kate McGarveyDeputy Director & Managing Attorney, Public Benefits
Unit
Who We Are Nonprofit law firm providing free civil
legal services and pro bono programming for indigent clients in Central Ohio
Two offices: Columbus office provides services to residents
of Franklin and Madison counties Located at 1108 City Park Avenue
Columbus 43206 Marion office provides services to residents of
Delaware, Marion, Morrow and Union counties Located at 150 Oak Street
Marion 43302
Who We Are Income guidelines
Total household income must be at or below 200% of the federal poverty line
Citizenship guidelines Lawful Permanent Resident Asylee Refugee Alien who is (1) married to US citizen (2) a parent
of US citizen or (3) has filed an application for adjustment of status to permanent residency
Individual granted withholding or deferral of deportation or removal
Conditional entrant
Services Provided
Scope of services provided Counsel and advice Brief service Extensive representation
Representation at a hearing Appeals to Court of Common Pleas, Court
of Appeals and Federal District Court Referrals
Substantive Units
Consumer Foreclosure, debt collection, predatory
lending, creditor harassment, scams, car repossessions (other used car issues), wage garnishments, bankruptcy
Bankruptcy By-Pass Available for elderly or disabled individuals who
are long-term “uncollectable” Individuals with fixed income such as Social Security,
Supplemental Security Income, or a pension who are being harassed by creditors
Legal Aid sends out letters to the client’s creditors telling the creditor that the client is long-term uncollectable and to stop contacting the client under the Fair Debt Collections Practices Act
Substantive UnitsDomestic Divorce
Priority placed on cases involving children, marriages longer than 10 years, victims/survivors of domestic violence or other vulnerabilities
Child custody Initial custody cases, priority placed on cases involving domestic
violence or other vulnerabilities Representation in modification proceedings when caller has already
been designated the residential parent Child support
Representation for obligees when part of a divorce or custody case Representation for obligees when their child support cases are
dismissed because of a custody filing Limited representation of obligors if asserting a disability
Spousal support Civil Protection Orders (domestic violence)
Representation for victims/survivors by filing petitions for CPOs and stalking protection orders
Representation of petitioners who have already filed and need assistance at full hearing
Substantive Units
Housing Evictions from subsidized housing
(Section 8, HUD or public) Lockouts (without the eviction process)
or Utility shut-offs (in landlord’s name) General housing conditions issues Banning visitors from rental housing Security deposit issues Termination of Section 8 voucher,
subsidized housing eligibility issues Public housing application denials
Issues relating to tenants in foreclosed properties
Substantive UnitsTax Assistance with disputes with the IRS
including audits, tax court petitions, garnishments and collection issues, innocent spouse issues or ID theft
Specifically, handle calls from individuals who have received: Letter from IRS notifying that tax return is being
audited or examined Letter from the IRS notifying of a deficiency in taxes
Notice of lien placement on property or garnishment of wages due to past taxes
Bill received from IRS for taxes from a joint return Letter from IRS concerning Earned Income Tax Credit Calls regarding owing tax debt and inability to pay
Volunteer Resource Center In-house volunteers link individuals
with pro bono attorneys for handling of: Private eviction cases Consumer debt issues
Credit card collection cases brought by debt buyers and original creditors
Unemployment Compensation appeals Rent escrow cases
Pro Bono and other Referrals
Case Referral Projects Chapter 7 Pro Bono Program
Individuals with income below 100% fpl may be eligible for a pro bono bankruptcy
Court costs for these clients are generally waived, but individual may be responsible for costs associated with obtaining a credit report and credit counseling classes
Individuals who are currently collectable or dealing with an issue that necessitates a bankruptcy (utility shut-off for example) are prioritized
Senior referrals for Wills, Living Wills, and powers of attorney Low-Income Taxpayer Clinic Legal Aid Reduced fee Referral Project (LARP)
Uncontested divorces Chapter 7 Bankruptcies
Individuals pay reduced costs to cover legal representation and filing fees
Pro Bono and other Referrals
Limited Assistance Clinics Wills Fresh Start Clinics
Expungement forms preparation, Certificate of Qualification for Employment
Naturalization Clinics Private attorneys assist lawful permanent residents with
questions and help completing naturalization application Education Clinic
Ensuring children with disabilities receive adequate supports
Brief Advice and Referral Clinics Churches, Homeless Shelters, VA
Pro Bono and other Referrals
Substantive UnitsPublic Benefits Terminations, reductions or denials of
eligibility for the following programs: Food Assistance, Medicaid, Medicare, Ohio Works First,
Prevention Retention and Contingency, Title XX child care, Unemployment Compensation, Disability Financial Assistance, Medicare Savings Programs Medicaid—includes denial, reduction or termination of
home care services
Loss or denial of Veterans benefits Terminations or overpayments of Social
Security benefits Medical debt issues—lawsuits and assistance
with HCAP/charity care Seniors work including nursing home cases
and senior documents (future planning)
Issue Spotting- OWF
OWF Application denials Tell them to appeal and refer to Legal Aid
OWF benefit terminations Tell them to appeal and refer to Legal Aid
Loss of OWF due to time limit Tell them to apply for a good cause or hardship extension
Denial of good cause or hardship extension application Tell them to appeal and refer to Legal Aid
Threatened with a sanction Tell them to appeal and refer to Legal Aid
Lost or stolen benefit card Tell them to contact their County DJFS office to report the loss;
County will provide the individual with the customer service number for the benefit card company
Refer the individual to Legal Aid
Issue Spotting - DFA
Adult with no children, reports disabling conditions and no income Tell them to apply for DFA (and Medicaid if no
insurance) DFA application denial
Tell them to appeal and refer to Legal Aid DFA benefit termination
Tell them to appeal and refer to Legal Aid Lost or stolen benefit card
Tell them to contact their County DJFS office to report the loss; County will provide the individual with the customer service number for the benefit card company
Refer the individual to Legal Aid
Issue Spotting - UC
Individual reports having been terminated from employment Have the individual apply for UC benefits if they have
not done so already Individual reports having been denied eligibility
for UC benefits Tell them to appeal and refer to Legal Aid
Individual reports having been approved for UC benefits but the employer is appealing Refer to Legal Aid
Individual reports having received a notice concerning a UC overpayment Tell them to appeal and refer to Legal Aid
Issue Spotting- SSI/ SSDI
SSI or SSDI application denials Tell them to appeal and refer to CBA Lawyer Referral Service or
Legal Aid SSI or SSDI benefit terminations
Tell them to appeal and refer to Legal Aid SSI or SSDI overpayments Tell them to appeal and refer to Legal Aid
Individual reports issues with their payee Tell them to contact SSA immediately to report the issue
and to submit a request to change payees; refer the individual to Legal Aid
Lost or stolen benefit card or stolen check Tell them to contact SSA immediately to report the issue; SSA will
provide the individual with the customer service number for the benefit card company; Refer the individual to Legal Aid
Issue Spotting - PRC
Parent fell behind in rent or utilities due to unexpected expense Tell them to submit a PRC application
PRC application denials Was the parent denied eligibility because they
received PRC the previous year for the same expense? Tell them to appeal and refer to Legal Aid
Did the parent already receive PRC assistance within the past 12 months? Tell them to appeal and refer to Legal Aid
Was the application denied because the parent owes more for rent or utilities than what PRC will pay? Tell them to appeal and refer to Legal Aid
Issue Spotting- FA
Application denials Tell them to appeal and refer to Legal Aid
Termination of food stamp benefits—whether due to income or not meeting the work requirements (sanction) Tell them to appeal and refer to Legal Aid
Reduction of food stamp benefits Tell them to appeal and refer to Legal Aid
Lost or stolen benefit card Tell them to contact their County DJFS office right
away to report the loss; the County will provide the individual with the customer service number for the benefit card company; refer to Legal Aid
Issue Spotting- Medicaid
Application processing delays Refer to Legal Aid
Denials of Medicaid coverage or private insurance through the Exchange Tell them to appeal and refer to Legal Aid
Termination of Medicaid coverage Tell them to appeal and refer to Legal Aid
Individual is denied a medical service or home care through Medicaid or Medicare Refer to Legal Aid
Lost benefit card Tell them to contact the Medicaid Consumer Hotline at 1-800-324-
8680 to request a replacement card Tell them to contact the customer service number for their
managed care plan to request a replacement card (can get this information from the Medicaid Consumer Hotline)
Issue Spotting- MSP
Adult with lower income reports Part B premium is deducted from SSDI benefit each month Tell them to apply for a Medicare Savings
Program Benefit delay—approved but deduction
still occurring Refer to Legal Aid
Benefit terminations Tell them to appeal and refer to Legal Aid
I Issue Spotting- Child Care
Working parent with low income reports concerns with private child care expenses Tell them to apply for publicly funded child
care Application processing delay
Refer to Legal Aid Application denial
Tell them to appeal and refer to Legal Aid Child care benefit terminations
Tell them to appeal and refer to Legal Aid
Appeal Process
Appeals are made to the Ohio Department of Job and Family Services (ODJFS), Bureau of State Hearings Request in writing (mail or fax) or by telephone
Bureau of State Hearings: 1-866-635-3748 Timeframe for submitting appeal
15 days from the date of the notice for continuing benefits 90 days total
Appeal Levels State Hearings Administrative Appeals—must submit within 15 days of
date of state hearing decision Common Pleas—must submit within 30 days of date of
administrative appeal decision
UC Appeal Process
Levels of Appeal Redetermination
Must be requested within 21 days from date of initial determination
Appeal to UC Review Commission for Hearing Must be requested within 21 days from the issuance
of the Redetermination decision Request for Review by UC Review Commission
Must be requested within 21 days from the date of mailing of Hearing Officer’s decision
Common Pleas Must be requested within 30 days from the date of
the Review Commission decision
Social Security Appeals
Appeal to the Social Security Administration
Levels of appeal Reconsideration Administrative Law Judge (ALJ) hearing Appeals Council Federal District Court
Time frame for submitting appeal 10 days from date received notice for continuing
benefits 60 days from date received notice of previous decision
Columbus Office Telephone intake: (614) 241-2001, toll free 1-
888-246-4420 Hours: 9:30 – 3:30 M-F
Marion Office Telephone intake: (740) 383-2161, toll free 1-
888-301-2411 Hours: 9:00 – 12:00, 1:00 – 4:30 M-F
Online intake for both offices www.columbuslegalaid.org
Intake
Questions?
Kate McGarvey614-737-0146