Holistic help from medical-legal partnerships

Over the course of just a few months beginning last summer, Gary rapidly lost his vision to retinal detachment. At the age of sixty-one, he was without a source of income, unable to work, and as Kaitlyn Quigley, Gary’s attorney with LAF’s Public benefits practice group, notes, lacking some of the skills for living with vision loss.

Gary is insured by CountyCare, a Medicaid managed plan offered by Cook County Health and Hospital System, which collaborates with LAF as part of a medical-legal partnership (MLP). CountyCare care coordinators identify members facing potential legal issues, and then refer them to LAF for help. Gary came to LAF last fall seeking assistance with his application for Social Security disability benefits, after a referral from his care coordinator Camille Haynes.

To get approved for Social Security benefits, Gary needed to attend an evaluation at a doctor’s office, but he had no way to get there because his impairment kept him both from driving and from using public transit. So Kaitlyn, working alongside Camille and Jenelle Pedroza, LAF’s Client Services Coordinator, moved his appointment and helped him apply for paratransit accommodations so that he could make it to his appointment and get around on his own moving forward.

PACE busGary faced similar difficulty in applying for SNAP benefits after he missed a required phone interview because he couldn’t read the letter notifying him when the call was scheduled. His water was shut off because he couldn’t afford the bill while he had no income. Time and again, Jenelle, Kaitlyn, and Camille worked together to resolve issues as they arose and set Gary up for success in the future. They rescheduled his SNAP interview, advocated with the city to turn his water back on immediately, and helped him apply for a Salvation Army grant to pay down his water bill balance. They also connected Gary with resources at Chicago Lighthouse, an organization that specializes in helping visually impaired adults learn to live on their own.

This kind of assistance is what LAF’s medical-legal partnerships are all about. As Kaitlyn puts it, “there are aspects of your health that a doctor can’t fix. There are social determinants of health.” By working closely with Camille as Gary adjusted to living with a disability, LAF was able to help Gary resolve these issues, all of which could have adversely affected his health, as they arose.

LAF was also able to help when Gary was wrongfully billed over $1000 by an eye specialist that he was referred to by his doctor. At the time Gary received treatment, he believed that his care would be covered by Medicaid. Later, the specialist’s office informed him that they don’t accept the specific Medicaid plan that Gary is enrolled in, even though he showed an insurance card at the office that day, and even though, by law, a healthcare provider must verify a patient’s Medicaid coverage before providing treatment. Kaitlyn drafted a cease and desist letter to the specialist’s office, and they agreed to stop seeking payment from Gary.

“For him, this was important, because he isn’t judgment proof,” says Kaitlyn. Gary owns his home, an asset that could be put at risk by a court judgment for unpaid debt. Thanks to Kaitlyn’s early intervention, Gary’s home is safe from this would-be creditor.

But none of Kaitlyn or Jenelle’s work for Gary, on protecting him from wrongful billing for medical services or reinstating his utility service or securing him the benefits he is entitled to, would have been possible had it not been for our partnership with CCHHS. “Clients don’t always know that their problems are legal problems,” Kaitlyn says. “This is someone that never would have come to LAF if it wasn’t for his care coordinator.”

Gary’s case is just one example of how MLPs connect us with people that can use LAF’s help, but the kind of holistic service we were able to provide for him is exactly why those partnerships are so valuable to the communities we serve.

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Fighting for the Poor and Vulnerable: March 2018 eNewsletter

Our core mission at LAF?  We fight for the poor and vulnerable.  Today let me unpack a couple of those seven words.
“We” does not just mean LAF staff, but also includes the volunteers of all kinds who work at our staff’s side.  Those volunteers include folks of all kinds and from all generations.  Lawyers, social workers, technicians, marketing and advertising professionals, community organizers, labor workers, and many more.  Managing this amazing volume of support is a full-time, sophisticated job, done here by our Melissa Picciola.  Read about Melissa here.
“Vulnerable” includes survivors of intimate partner violence, like our client Linda, who is finally free of her abusive husband, after months of needlessly complex legal work.  And our colleagues Myka and Alyse, a volunteer from Katten Muchin Rosenman LLP, made that happen.  Read about it, and a lot more, in this month’s eNewsletter here.
And join us in the good fight.
Sincerely,
John N. Gallo
LAF CEO and Executive Director

 

A fresh start for Linda

When Linda came to the Jose De Diego Legal Clinic in the fall of last year and spoke with the volunteers there from Katten Muchin Rosenman LLP, she was seeking assistance with obtaining a divorce from her abusive husband.

Since the pension was the only piece of property at issue, it should have been a straightforward process that didn’t require the resources of an attorney. For that reason, LAF initially planned to refer Linda to the CARPLS divorce help desk for help filling out the appropriate paperwork.

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Jose De Diego Community Academy, the site of LAF and Katten Muchin Rosenman LLP’s monthly legal clinic in Wicker Park, where we first met Linda

“We would have closed the case if it wasn’t for Alyse,” says Myka Held, an attorney with LAF’s Family Law Practice group who served as co-counsel with Alyse Sagalchik in representing Linda. “In hindsight, I’m glad we didn’t.”

Alyse is an attorney at Katten Muchin Rosenman LLP who regularly volunteers at the clinic, which, she notes, is her “favorite pro bono commitment—not just since I have been at Katten but since I began practicing law.” Alyse had been looking to contribute even more, and, she says, “Linda happened to reach out to LAF at exactly the right time.” So Alyse took Linda’s case pro bono and moved forward with the divorce, hoping to resolve the issue as quickly as possible by obtaining a default judgment. Since Carl was in jail and unlikely to appear in court, this should have been easy.

Before they could obtain that judgment though, Alyse and LAF received a letter from Carl in jail. It was a rambling, 4-page long document that accused Linda of abuse toward him, demanded money before he would agree to a divorce, and ranted about the attorneys representing Linda. Carl also sent correspondence to the presiding judge, which delayed the case further. On top of all that, based upon a technical issue in the criminal case against him for assaulting Linda, Carl successfully appealed his conviction in the criminal case and was granted a new trial.

“Linda desperately wanted to be rid of him,” says Myka. “She was worried that he would come after her if he got out of jail.” What’s more, Carl planned to represent himself in his second criminal trial, which means he would be the one questioning Linda about his own violence toward her.

Thanks to Alyse and Myka’s hard work, the divorce was at last finalized in early March—five months after the petition for dissolution of marriage was filed. Linda also put the prosecutor assigned to Carl’s domestic violence case in contact with LAF so they could share information that will hopefully prevent Linda from being subjected to the trauma of being questioned by her abuser in court.

Linda’s story reminds us of the difference legal aid can make in the lives of our clients, and demonstrates how vital our volunteer partners are as we work to increase access to justice. As Alyse puts it, “It is amazing to me the difference between the results for those who have legal representation and those who do not…that is not part of my understanding of how justice ought to work. I am trying, in this tiny way, to fix that for as many individuals as I can.” Her help, combined with contributions from LAF staff and her fellow clinic volunteers, enabled Linda to make a break with her abuser and start a new chapter in her life.

A story from LAF’s Larry Wood:

Larry Wood, Director of LAF’s Housing Practice Group, shares the story of a chance encounter that ultimately kept an elderly man threatened with eviction in his home. Stories like this remind us why legal aid is so vital for Chicagoans living in poverty, and how a little bit of advocacy can go a long way.

A couple weeks ago, while I was in one of the city’s eviction courtrooms waiting for my case to be called, I watched a landlord’s attorney obtain orders for possession against a long line of unrepresented, low-income tenants, including one elderly man in a wheelchair who lost his subsidized housing.  It was depressing.

Then I saw Jesse approach the bench.  It took him a while because he’s 82 and he moves slowly, but he told the judge he needed time to get an attorney and the judge continued his case for a week.  Jesse then left the courtroom.  I followed him outside.

Jesse was a voucher-holder facing eviction from the mixed-income development where he had lived for more than fifteen years.  According to his landlord, he owed almost $1,200 in rent for the period October 2017 through January 2018.  “That’s wrong,” Jesse told me.  “I have paid my rent every month since leaving Clarksdale, Mississippi and coming to Chicago in 1953!”

A couple days later Jesse sent me money order receipts showing that he had paid rent every month during the period at issue.  He had even paid for February on time.  I called the currency exchange where he had purchased the money orders and learned they’d all been cashed shortly after being purchased.

When I brought this to the attorney’s attention, he said the rent ledger showed that Jesse incurred his rental debt in 2014 and 2015 – not last year.  He said his client had been trying to resolve this issue with Jesse for years, and would cut Jesse a break because of his age and dismiss the case in exchange for just the rent claimed.  “He won’t have to reimburse my client,” the attorney said, “for its costs and fees.”

Jesse could not afford to give his landlord an additional $1,200 on his fixed and limited income.  I told the attorney that Jesse would assert two defenses. First, the landlord’s unreasonable delay in collecting rent unfairly prejudiced Jesse, who no longer has receipts for rent payments he made more than three years ago. Second, the landlord waived his right to rent accrued during and before 2015 when he signed a new lease for the apartment in 2017.

Last week, the attorney called me and said that his client will dismiss the eviction action with prejudice and seal the court file.

It’s just one more success for LAF – for a client who had done nothing wrong, in a case he most certainly would not have won had we not been there, against someone taking advantage of him simply because he is poor.  Jesse’s case is an exemplary illustration of the importance of LAF for people living in poverty.

January eNewsletter

Our team at LAF began 2018 doing what it does best:  fighting for the poor and vulnerable in Chicago, Cook County, and the State of Illinois.
In particular, our Immigrants and Workers’ Rights group has traveled the state ensuring that migrant workers are treated fairly.  Our Consumer group has been advocating on behalf of clients on the wrong end of unconscionable land-sales contracts.  Our Housing team on a daily basis has been saving clients from wrongful evictions.  Our Public Benefits team has been advocating for disabled clients deprived of Social Security benefits.  And one of our Children and Family lawyers was selected by the Illinois State Board of Education to serve on an inquiry team to examine whether Chicago Public Schools is wrongfully depriving special needs students of the services they need.  Read more about them, and much more, in this month’s eNewsletter here.
Thank you for your continuing support.  We could not do it without you.

The Intersection of Domestic Violence, Families, and the Law

IMG_1380Last week, the Young Professionals Boards of LAF and the Family Defense Center (FDC) co-hosted a panel discussion on domestic violence (DV) and family law at the University of Chicago Law School. Moderated by FDC Staff Attorney Líadan Donnelly, the panel included LAF Staff Attorney Teresa Sullivan, former LAF attorney Elise Tincher who now works as Chicago Pro Bono Counsel at Kirkland & Ellis, and Ashley Parr, an associate at Barnes & Thornburg who recently represented a survivor of domestic violence in an important pro bono case with FDC.

Ashley’s client was a young mother and survivor of DV charged with neglect for endangering her child by being in an abusive relationship. Their child had never been subjected to his abuse, but the Department of Child and Family Services (DCFS) found both parents equally responsible for creating a dangerous environment and charged them both with neglect. Ashley and FDC got involved and represented the mother in her appeals hearing. “DCFS argued their neglect finding was appropriate because she didn’t move out immediately, didn’t do enough to keep her child safe,” Ashley explains. But she had been looking for work, calling shelters, going to police stations to get information on obtaining an Order of Protection—all of which are measures she took to keep her child safe. “Their finding of neglect would just ensure she has a more difficult time providing for her child on her own,” says Ashley. The judge agreed, overturning DCFS’ finding of neglect and removing it from the young mom’s record. In her decision, the judge incorporated many of the actions their client took that Ashley’s team identified as precautionary measures, meaning survivors blamed for neglect can rely on them as evidence in future cases.

For most people with any understanding of DV issues, punishing the survivor for not being able to break free from abuse seems entirely backwards. “Something I hear a lot from clients is, ‘I was so happy when DCFS showed up at my door—I thought they were going to help me. But I’m never calling the police again because now I might lose custody of my kids’,” Líadan says. “If the judge doesn’t understand the dynamics of DV and the fact that it’s a cycle, they might say, ‘you should have left immediately’ or you should have done this or that—which is we we’re trying more and more to bring in DV experts who can explain these dynamics to the judges.”

That’s why private firms, legal aid organizations, and advocacy groups have been on the front lines fighting to change how we protect survivors. In fact, Illinois recently replaced a DCFS rule known as Allegation 60, which criminalized survivors to an even greater extent. Kirkland & Ellis was one group at the helm of that advocacy work. “We had close to 50 of our attorneys from 7 different offices working on a 50-state survey to assist with changing Allegation 60 and getting better support for survivors of DV through the DCFS process,” says Elise. The new rule took effect in 2014 and requires DCFS to demonstrate that a parent blatantly disregarded their duty to protect their child by failing to take “reasonable precautionary measures,” like those that Ashley’s client took while she was fighting to break free from abuse.

And while it’s easy to forget, the Illinois Domestic Violence Act is actually one of best DV laws in the country—it provides survivors exclusive possession of their residence and charges police officers with an “affirmative duty” to help them when presented with domestic violence situations. In fact, LAF recently filed an amicus brief for a case in which police officers failed to carry out that duty when a victim’s son called the police for help. “All the police did was ask one question: are you scared? She didn’t respond, so they didn’t offer to take her to get an OP or connect her with any resources,” Teresa explains. The trial court essentially held that because the son didn’t use the magic words ‘domestic violence,’ police didn’t have an affirmative duty to offer her help. “But that affirmative duty is set up because DV victims tend not to self-identify. They often don’t affirmatively seek help,” Teresa says. “We think the law is set up appropriately but are advocating it be applied more universally, to help victims and survivors get the resources they need.”