Legal

Benefits Denial

If nothing below applies to your client, all government programs have an appeals process so you or the client must call the program office (usually DSS) and request an appeals form. They can also go in person and request an appeal and they will set up an appointment. Lots of forms at bottom of page. Always put them into contact with Maryland Legal Aid/appropriate legal counsel.

If your client wishes to appeal, the request must be in writing within 60 days from the date s/he received their denial letter. 

It is assumed that s/he received the denial letter five days after the date on the letter, unless s/he can prove otherwise.

1. Advocate gathers details surrounding the denial of benefits by reviewing any documents the client has brought in

2. Determine what step your client is in the appeal process

• • • • If your client has yet to appeal the first time (Reconsideration) and it is still within that 60 day window, then they must first do this before they can move on to the second step (Hearing by an Administrative Law Judge).

      • They may choose to do a Reconsideration without representation (or legal council), but you should encourage them to to use some kind of legal service*.

      • If they are past the Reconsideration Stage, you should then connect them to a legal service agency and confirm with them when they have scheduled their meeting.

3. If your client needs to file a Reconsideration and refuses legal council or representation, then direct them to the application for reconsideration (found in commonly used resources) and review the application with them so they understand the three different ways to file for a Reconsideration Appeal.

If this is the case close need as: "Client needs not not yet met but feels equipped to continue without further follow-up."

4. If Client agrees to seek legal advice, follow-up with client every 10 days until s/he confirms attending a meeting with a legal service agency.

Maryland Legal Aid is a great resource for fighting benefit denial and can be found at https://www.mdlab.org/

• "HOB and Client have met the need as defined in the Scope of Services" =  Client confirms s/he attended meeting with legal services agency

• "Clients needs not yet met but feels equipped to continue without further follow-up" if:

• Advocate has printed out application for client

• • Advocate has reviewed application with client

  • Assisted in filling out applicable parts of application

  • Provided Client with contact information for a potential legal agency

• Target time for successful resolution: 2 weeks

• For TCA Denial there is an appeal form at the bottom of the page. The client would need to fill it out and turn it into their Local DSS office. They also have the right to a lawyer so either contact Maryland Legal Aid with them or give them their contact information.

SNAP Appeals application (click on link)

Reconsideration Application (click on link) This form is only for SSI or SSDI, other forms are at the bottom of the page.

Pro Bono Resource Center of Maryland

Recruit, train, mentor and refer hundreds of volunteers to programs offering meaningful opportunities to prevent abuse, reunite families, avoid tax sale and home foreclosure, defend against consumer fraud, escape violence, obtain necessary disability and veterans’ benefits, and keep kids in school. 

www.probonomd.org

pbrc@probonomd.org

amy@probonocounseling.org

Maryland Parity Project

Assists with navigating private insurance barriers to accessing mental health care, including help with appeals or complaints

(443) 901 - 1550 ext. 206

https://www.mhamd.org/what-we-do/services-oversight/maryland-parity-project/

Eviction

COVID UPDATES

1. Find out what process your client is in the eviction process: If they have yet to go to the Court Hearing where the judge will hear the evidence and make a decision (at this point they may have received a notice to terminate tenancy, which is not the same as an eviction notice) you should:

                             i.      See if you can work with the client and landlord to come up with a feasible payment plan

                            ii.      Look for resources that may help the client on backed up rent

2.  If they have already gone to court and have received an eviction notice:

1. • Contact Maryland Legal Aid* if client wants to file a post-judgement notion or appeal.

     • An attorney can evaluate will explain client's case, options,
       
       and technical requirements for filing a motion or
       appeal. In most cases, if you appeal you will have a new
       trial in circuit court.

   • Refer client to legal services as well as a housing consultation hotline. (Maryland District Court Self-Help Resource Center: 410-260-1392. Calls operate between 8:30am and 4:30pm)

1. • Maryland District Court Self Help Online Chat - open 8:30am to 8:00pm M-F. Click the button under the title: "Free legal help with your civil matter" to open chat box)

1. • When client has made contact and has scheduled an interview with legal services, you may close this need as:

   ETO closing reason: 1. "HOB and Client have met the need as defined in the Scope of Services".

• Client confirms s/he attended meeting with legal services agency = "HOB and Client have met the need as defined in the Scope of Services"

Note: If the client has already spoken with legal services and a housing consultation hotline and they have deemed that nothing can be done, DO NOT open this need. Instead, open the appropriate Housing need that your client is interested in pursuing.

*Maryland Legal Aid is a private, non-profit law

firm that provides free civil legal services to Mary

land’s most vulnerable residents and communities

and is dedicated to protecting and advancing

human rights for all.

Baltimore City

Main Office

500 East Lexington St

Baltimore, MD 21202

Telephone Intake Lines: (410) 951-7750

• Maryland Legal Services for Civil Cases (flyer below)

• Local HUD Housing Counseling: Carol B. Payne: 410-962-2520

• Maryland Legal Aid Online Application http://www.mdlab.org/get-help-services/online-intake

Other free legal resources if Maryland Legal Aid does not work can be found at

https://www.justia.com/lawyers/family-law/maryland/baltimore/legal-aid-and-pro-bono-services

Housing Conditions

COVID UPDATES

Your client has a complaint about a place they are renting and needs assistance fixing the problem. Some issues include: pests (bedbugs, flies, spiders, roaches, rodents, etc.), lead, mold, and fair housing (disability). Advocate opens this need ONLY after a housing inspection has been completed ("Housing Conditions Complaint" under Housing) AND the landlord has failed to fix the problem(s) cited in the inspector’s report.

1. Advocate should get all necessary background information concerning the housing condition complaint

2. Advocate should find out if their client has gone to court for this situation and what the findings were

3. Advocate should refer client to legal service agencies: When client confirms that s/he has seen someone at a legal service agency you can close this case in data outcomes tracker as "equipped." 

4. If client has already taken this case to multiple legal services, and has been unsuccessful, you can begin to look for alternate housing options for him/her by opening a housing need and closing this need as "No resources to meet this need."

• • Client confirms s/he attended meeting with legal services agency

  • Target time for successful resolution: 2-3 weeks

Frequently Asked Questions:

1. What is the first step to assist families who are living in poor housing conditions?

2. Is there anything I need to do differently if the client is undocumented?

3. If my client has issues contacting a resource, what should I do?

4. Is there anything I can do once the case has been taken to court and the condition of the house still has not been addressed?

1. You should recommend that the family contact the housing inspector in their county. Note: This process should not be opened under Legal but under Housing (sub-category Housing complaint)

Baltimore County: 410-887-3352/410-887-8099

2. Have they already spoken to someone at the agency? Have they left messages or have they had an appointment at the agency? If you feel that your client is having trouble communicating with the agency, you may want to call the resource yourself to advocate on behalf of the client. You may also want to offer your client an alternate resource. You should identify 1-2 other programs and help your client contact those programs.

Filing for Divorce

If a client is seeking a divorce, check the MD Divorce Court Website for more information!

Divorce Forms:

• To file for divorce, use form CC-DR-020 form

• To respond to a divorce case from spouse use form CC-DR-050

How to complete the process:

• File the divorce documents in the circuit court

• The person filing the initial document must provide a copy to their spouse

Immigration 

Note: You should open this need for both immigrant/paperwork issues as well as citizenship classes,

family-based petitions, and other immigration needs.

Advocate determines the nature of the need, by asking:

- What letters, notices and/or other papers do you have related to this problem?  What are the dates of these?  What do they say?

- Have you already been to court/ Bureau of Immigration and Citizenship Services (BCIS) about this issue?  If so, when and what happened?

- Do you have a court/Bureau of Immigration and Citizenship Services (BCIS) date? When?

- Have you received advice from a lawyer and/or immigration counselor?  If so, from whom/what organization? When? What advice did you receive?

1. Refer the client to an immigration/legal services agency that can best meet her/his needs. In determining that resource, advocate considers client’s preferred language and the languages spoken at the referral agency. If client needs to go to BCIS, advocate can help make an appointment first.

    -Go to https://www.immigrationdirect.com/index.html for any applications and questions.

     -Immigration Advocates - long list of Immigration resources that can be searched by location / service

            - CASA 

            - Esperanza Center

2. Advocate should then print out metro and/or driving directions, service hours, and contact information to ensure successful connections.

3. Advocate confirms client has successfully connected with the immigration/legal services agency, troubleshooting as needed.

4. ETO closing reason: "1. HOB & Client have met the need as defined in the Scope of Services".

Local BCIS office:

3701 Koppers Street

Baltimore, MD  21227

410-779-2931