Browsing Posts in Client Story
By Legal Aid WV | Categories: Client Story | Comments Off on Bethany’s Story
Bethany moved into a rental apartment last year, and she loved her unit and her landlords, an older couple. But soon, she got the surprising news that she had a new landlord.
“The first time I met my landlord, he actually came to visit my apartment with my friend Sophie’s brother,” Bethany says. “I texted her and said, ‘Your brother is here with my landlord.’ She said, ‘Who’s your landlord?’ And when I told her, she said, ‘That’s my father.’”
In a smaller West Virginia community, coincidences like this aren’t necessarily out of the ordinary.
But Bethany’s landlord wasn’t just Sophie’s father—he had gone to prison for crimes against her. Sophie was terrified, especially of seeing him.
The situation got complicated quickly.
One day, Sophie was helping Bethany out by dropping off her grocery order, but her landlord was also planning to drop by to collect her rent.
“I called him twice to ask when he was coming by. I told him, ‘There is someone here that I don’t want to be here when you are.’ I didn’t say any names, but it was pretty obvious who I was talking about. He said he’d send his son to get the rent instead.”
The next day, Bethany got a text from her landlord. He said his probation officer wanted him to evict Bethany because she “set him up” with a situation involving the victim in his case.
She was confused and surprised and thought to herself, this couldn’t be legal, right?
That’s when she found Legal Aid of WV online and applied.
“The first advice I got was to tell my landlord I wanted a legal eviction notice so it could go through the courts,” Bethany says. “I did that, and I was assigned an attorney who went with me to the eviction hearing.”
Bethany says the hearing was not as straightforward as she thought it would be.
“It seemed like the judge agreed with my landlord that it was my responsibility to keep my friend away from him,” she says. “But my attorney defended me. The judge dismissed the eviction. I definitely think I would be homeless right now if he wasn’t with me.”
Like many other renters, Bethany did not realize before applying for legal help that renters have certain rights in the eyes of the law. As she worked with her attorney, he explained each right he felt was violated and what steps they would take to fight the eviction.
“I didn’t feel like my attorney was just trying to win the case. He actually wanted success for me and had my best interest at heart.”
By Legal Aid WV | Categories: Client Story | Comments Off on Tamara’s Story
Tamara is only 24 years old, but she has already taken on a tremendous responsibility—keeping her family together.
Unfortunately, like many families, Tamara’s immediate family suffered from substance use disorder. As a result, during her childhood Tamara conducted most of the caretaking functions of a parent for her two younger siblings. When she was only 17, Tamara’s mom passed away suddenly.
“They found drugs in her system,” she explains. “Ultimately, they tested our dad, and he had drugs in his system.”
Because of this, Tamara and her siblings were taken from their father and placed with another relative. Shortly after, their guardian became ill and couldn’t care for them anymore. Their great aunt and uncle finally took custody of Tamara, her younger brother, and her younger sister.
Tamara, along with her siblings, faced a difficult dynamic while living with their great aunt and uncle, where mental abuse was common and their basic needs for food and care were neglected. During this time, Tamara took on the role of a parent, stepping up to provide for and protect the children. When Tamara was 18, they kicked her out of the house. She had no way to support herself and luckily had friends who took her in until she could get on her feet. Tamara worked tirelessly to support herself and build a meaningful life, her determination shaping her into a strong woman. During this time, her younger siblings were adopted by their great aunt and uncle.
Tamara started her relationship with Legal Aid of WV (LAWV) shortly after that.
Her first step was becoming the adoptive mother of her niece, who was at risk of being taken into State custody by Child Protective Services (CPS).
After a successful adoption, Tamara, her niece, and Tamara’s fiancé became a functional family, but her siblings were still in a bad situation. That’s when Tamara met Amber, an attorney with LAWV’s Lawyer in the School program.
“Amber gave me hope, which I didn’t really have at the time,” Tamara says. “I was really worried. My fiancé works, but a lawyer is just so expensive. It felt like a miracle that LAWV had a program like this, especially when it felt like no one could help us.”
Tamara made every effort to maintain a relationship with her great aunt and uncle so she could continue spending time with her younger siblings. Most weekends she brought them to her home, where she provided the care and attention they lacked, all the while deeply troubled by the neglect she witnessed. Her siblings also began reporting incidents of physical and severe mental abuse. Tamara gently questioned her great aunt about concerns her siblings shared, but her attempts were met with anger. Eventually, and they cut off all contact between Tamara and her siblings. Not long after, her 17 year old brother was forced out of their home—just as Tamara had been—conveniently before the state subsidy checks would end.
Amber first helped Tamara get minor guardianship of her brother, as he was 17 years old and getting ready to start his senior year of high school.
“I officially got guardianship of my brother late last year,” Tamara says. “My younger sister was still living with my great aunt and uncle, and they kept us from seeing her. I hadn’t seen my sister in 10 months, and I knew they weren’t treating her right.”
Amber listened to Tamara’s concerns and tried to manage expectations.
“She said, I can’t guarantee you’ll get guardianship, but I’ll do what I can. She worked hard to get everything together. She did promise me that me and my brother would at least be able to see my sister again.”
This spring, after a long contentious hearing, Tamara and Amber were able to secure custody of Tamara’s sister. Now, they are a family of five, excited to have been reunited and have a chance to thrive. Both children are succeeding in school and in a happy, caring home environment.
“We’ve got the entire family together again. We were all separated from each other after we were taken. It’s amazing having everyone here and watching everyone grow up together. Our mother always wanted us to be together. That was a big motivation too.”
By Legal Aid WV | Categories: Client Story | Comments Off on Annette’s Story
Over 10 years ago, Annette had a strange run-in with her local authorities. She was driving home, and police cars with their lights on were blocking the road. It was dark and hard to see, so when Annette thought she was being waved through the area by an officer with a flashlight, she slowly proceeded.
The officer reacted by jumping on Annette’s hood and yelling at her to stop! Annette was confused and frustrated, and the officer ultimately wrote her a ticket for noncompliance with an officer and not having her driver’s license with her.
At the hearing for the ticket, the officer did not show up, and the charges were dismissed. Annette didn’t think about it again after that.
But after she decided to go to nursing school, she was about to complete her final steps when the incident presented some trouble.
“Part of becoming a nurse means you have to be able to pass a background check to take the NCLEX-RN exam and get your license from the WV Registered Nurse Board. This comes up on my background check, saying I was non-compliant with an officer,” Annette explains. “I couldn’t believe this goofy event, where that cop didn’t even show up, was causing a problem. I’m trying to move on with my life, and bam! This again? Since it was dismissed in court, I never really thought about it coming up on my record.”
At the time, Annette was getting SNAP and WV WORKS benefits because she was a student, and one of the staff members at the West Virginia Department of Human Services told her about Legal Aid of WV (LAWV).
“That’s how I came to meet my attorney, Kira,” she says. “I thought, I have to get rid of this fast. Kira emailed me back right away. Everything she did was so fast. It was incredible. She knew the importance for me of getting that off of there so I could move forward with everything. I don’t even know how she did it. She was talking to judges in elevators. She got it off my record in 3 days—72 hours.”
“I wasn’t chasing down judges,” Kira explains. “But I did work quickly with law clerks to try to accomplish the expungement for Annette.”
If Annette had not been able to get the charge off her record quickly, she would have been forced to take—and pay for—another class before her exams.
But she passed her exam and was granted her nursing license.
“I’ve been a nurse for about two years, and I work at a hospital for WVU medicine as an RN on their med surge unit. Kira saved me time and money. Being able to finish and get my license advanced my career. I’m not on any benefits anymore. And since then, I’ve gotten married, bought a home, and I just bought a car.”
Not only was Kira diligent, but she says law clerks and the prosecutor’s office were both efficient and understanding.
“Annette didn’t even have a conviction, but two dismissed charges showed on her background check that could be prohibitive for her future as a nurse,” says Kira. “We need nurses in West Virginia, so it worked out.”
Annette says she also shares her experience with LAWV with nursing students who may run into similar issues.
“I also called Kira’s supervisor. I feel too many people just want to share negative experiences. I wanted to say something positive.”
By Legal Aid WV | Categories: Client Story | Comments Off on Joe’s Story
On a West Virginia summer day more than 50 years ago, Joe was at the local swimming pool when he was pulled out by police and charged with a crime he didn’t commit.
“It happened to me in 1968. A guy I knew wanted to get with my sister, and I didn’t let him associate with her. He and two other guys, they may have robbed a truck, and they needed an alibi, and they chose me as a fall guy.”
Ultimately, Joe was found guilty of assault and battery and got a year on probation.
He tried to move forward with his life, but the felony on his record haunted him, creating obstacles to jobs and opportunities.
Joe joined the military, where he first heard about getting his record expunged from staff at the VA.
“I wanted to be a chef. I had opportunities, but I couldn’t get there because this thing was on my record weighing me down,” he says. “I went to this lawyer, that lawyer—I needed money. I couldn’t afford it. I almost gave up, but I never did. I would just let it go for a while then start up again.”
The breaking point for Joe came after he was honorably discharged from service. He tried to visit the commissary and was denied entry because of his record.
“I couldn’t go. I said, ‘What?’ Me saying I didn’t do it meant nothing. They said this is what’s on your record so that’s what happened. We need proof that this isn’t on your record.”
Last year, Joe heard about Legal Aid of WV (LAWV) and decided it was worth a try. Though he now lives out of state, the initial charge was in West Virginia.
He called and was assigned to LAWV attorney, Abigail, to help him start the expungement process. She then referred him to Andrew, an attorney who specializes in helping veterans with legal issues.
“My wife has Parkinson’s,” Joe explains. “It’s hard for me to leave my house. I couldn’t leave her to get down there to West Virginia.”
Abigail and Andrew worked with Joe and his niece to get together paperwork. He filed for expungement, with hope it could be granted without an in-person appearance for Joe.
On another summer day, 57 years after the first, Joe’s expungement was granted.
“When Abigail and then Andrew, face unseen, said they would help me, I just couldn’t believe it. Then they called me and told me it was done—they had done this for me—I was just so elated. Andrew did everything he could do. And I’ll appreciate it until the day I die.”
By Legal Aid WV | Categories: Client Story | Comments Off on Rebecca’s Story
As a mother, grandmother, and volunteer in her community, Rebecca is no stranger to stepping in and stepping up for others. But when her oldest daughter, Thea, passed away after a long history with substance use disorder and mental health diagnoses, she was not prepared for what followed.
“The more I found out, the worse it was. I didn’t realize I had raised someone to do the things that she did.”
Two years ago, Rebecca recalls dropping her youngest daughter off at work in the morning.
“Not long after, she calls me screaming and crying, and she said, ‘I think Thea’s dead.’ Thea’s husband at the time had posted on Facebook that he was going to miss her,” she says. “I had no way to get ahold of anyone to find out if this was true, so I called the police and gave them all the information. An officer called me back and confirmed, yes, that is what had happened.”
Rebecca was devasted but not surprised.
Like all parents, Rebecca and her husband wanted the most for their daughter, but by the time Thea passed in 2023, they were all but strangers. Over the years, Thea cycled through relationships, spent time in and out of prison, and made decisions her family couldn’t support. Throughout those years, Rebecca would always care for Thea’s two young daughters, taking care of them while their mother was incarcerated. Although she lost touch with Thea because of her addiction, she had a close, special bond with her two granddaughters, Amaya and Savanah.
“I would check in with family,” she says. “Every time I would ask someone else in my family—everyone told me everything was fine. The children always told me it was fine. She knew how to play the system so well.”
Rebecca found out Thea passed on a Saturday and worked quickly to go pick up her granddaughters and take charge of the situation. She contacted Child Protective Services (CPS), who also told her she was doing everything right.
“When I got the children, they had their backpack, two shirts, a pair of pants, and what they were wearing. Neither girl had shoes even,” Rebecca describes. She had to build a foundation to a home for the girls. “I started with the schools because they needed to be in school, of course. They had already missed 22 days by the time I got them. The school told me about the Lawyer in the School program (LIS) where an attorney comes each week.”
The following Wednesday, Rebecca went to the Lawyer in the School (LIS) clinic at her granddaughter’s school to ask for advice in getting custody of Amaya and Savanah, along with questions about food security and appropriate housing. The LIS attorney Amber agreed to assist Rebecca and filed for minor guardianship of Amaya and Savanah.
“I told her the story from the beginning—and it’s a long story from the beginning. Amber was amazing!”
When Rebecca went to the first guardianship hearing in family court, the result was unexpected.
“Thea’s ex-husband showed up,” she says. Thea’s ex-husband had a long history of criminal activity, including repeated domestic violence against Thea, and Amaya and Savanah were scared of him. In fact, there had previously been a long-term restraining order against him to keep him away from the girls.
“The first words out of his mouth were, ‘Their grandmother can keep Amaya, but I want Savanah.’ I think he didn’t want to have to pay child support.”
The family was terrified of being pulled apart in a custody battle.
Rebecca and her husband didn’t just want custody of their granddaughters to brag about a victory to her family. They loved their granddaughters and wanted to create a safe environment for them to heal and grow.
Amidst everything else, Rebecca was diagnosed with cancer, and Amaya was suspended from school.
“We were really struggling with this legal stuff, and quite frankly, I was losing my mind over it,” Rebecca says. “Amber went with me anywhere for anything. I could message her when I remembered stuff.”
Amber also referred them to a LAWV attorney that specializes in special education needs. They worked with Amaya to work through the complicated situations high school presented for her.
Finally, after numerous hearings, Rebecca and her husband were granted full-time custody of both Amaya and Savannah.
“When I finally got custody, it changed things for the whole family. I almost fell out on the floor when Amber called me. It had been two years.”
Now, the girls are both attending school and counseling sessions regularly. The family has moved into a bigger apartment, and they are making plans for the future.
“I just know that without Legal Aid, we wouldn’t have these kids. My husband and I live on a fixed income. I would not have been able to afford an attorney, but like the judge said to me, they are in the best place they could possibly be. They are thriving for the first time in their lives.”
By Legal Aid WV | Categories: Client Story | Comments Off on Jennifer’s Story
Jennifer is used to advocating for her son, J, who was diagnosed with autism at the age of three.
Two years ago, she hit a wall she just did not know how to climb herself. Enter Legal Aid of WV (LAWV).
Jennifer applied for the West Virginia Intellectual and/or Developmental Disabilities Waiver (IDDW) for her son when J was 15. The program is part of Medicaid’s services in West Virginia and was created to help keep those with intellectual disabilities in their homes and communities rather than an institutional setting.
IDDW “provides services that help to teach, train, support, guide, and assist members reach the highest level of independence possible in their lives,” according to the West Virginia Department of Human Services (WVDoHS).
“To be J’s advocate—first of all, I’m honored. Nobody is else is going to do it,” Jennifer says. “On the flip side, even in the school system or life itself, we have to fight for everything. I won’t always be around. I have friends with experience in special education who first told me about IDDW and told me to get it for J because the benefits will stay with him for his lifetime.”
Jennifer set up J’s first evaluation for IDDW after reviewing the requirements for IDDW on the WVDoHS website. A week or two later, they received a letter in the mail saying J was not considered eligible.
Jennifer followed the steps to set up a second evaluation, this time using Zoom.
“We got another no after the Zoom evaluation,” says Jennifer. “The third option was a hearing, and a friend of mine had my attorney help before, so she gave me her information. I called and told her my story. After she reviewed my information, she said, ‘Yes. We’d like to represent you.’”
Jennifer and her LAWV attorney prepared for the hearing in front of WVDoHS in the months leading up to the scheduled date. Finally, they arrived at the hearing, ready and hopeful.
Unfortunately, the hearing proved to be a frustrating experience for Jennifer.
“They told me the evaluation found that J has an intellectual development disorder, not a disability,” she says. “They explained that was all they needed to say, but they would explore their reasons since we were at the hearing. They went on to say the evaluation found J was not eligible because they were judging him based on new criteria that would soon take effect. That didn’t make sense to me. I checked, and he met the eligibility. I just wanted to know why.”
After the hearing, Jennifer and her attorney discussed the outcome, and they decided to appeal the decision. J’s determination should not have been made using rules that were not in effect yet.
Through the appeal, J was granted a third evaluation, where he was determined eligible for IDDW.
“This March, we got the letter saying he was now on the waitlist,” says Jennifer. The process took almost two years from the date of her application. “My attorney actually went back and asked that we be moved up the list to reflect the date I originally applied, and they agreed. We are still on the waitlist for services, but we are much closer now.”
Even though Jennifer is thorough about finding services and learning about J’s needs, she says she probably would not have kept going without LAWV’s help.
“I don’t think I would have known on my own to appeal and get a hearing as a person representing myself and my son,” Jennifer says. “From the first no, I hesitated. I thought, ‘This is a psychologist. Maybe J doesn’t have a disability.’ But after the second no, I kept thinking, ‘He meets the requirements.’ I was not understanding, and having an attorney affirm that he seemed to meet them made a big difference.
“I think of the ones who get a no from the get-go and don’t appeal it. It breaks my heart that they get that no and just stop. I think, what if I would have stopped trying?”
Both Jennifer and her LAWV attorney are pleased she found the chance to keep trying.
“Jennifer is an amazing advocate for her son,” says her attorney. “When Jennifer received the initial evaluations and determination, she knew right away that they did not match with what she knew about her son’s abilities. We were thrilled to be able to help her ensure a more secure future for J.”
By Legal Aid WV | Categories: Client Story | Comments Off on Quentin’s Story
“I’ve never really needed a lawyer. I didn’t even know how to go about getting a lawyer,” Quentin explains about trying to find legal help.
When he moved into his apartment on a six-month lease, he didn’t expect issues with his landlord. But soon, he was trying to defend himself against eviction. It was clear immediately he would need help from a legal professional.
“They were threatening me with eviction because I had my emotional support animal here,” says Quentin. “His name is Cuddles, and he’s a senior cat. I’ve had him for about five years so since before I lived here.”
Quentin started by walking into the law firm across the street from his apartment. He told them what was going on and says they agreed with him that it didn’t sound right. The firm directed him to Legal Aid of WV, where he applied for help.
“I actually worked with two staff at Legal Aid, Tricia and Ed,” he says. Tricia, a paralegal, and Ed, an attorney, specialize in helping clients with housing cases. “Working with them was great. I feel like they really went to bat for me. I feel like they did everything they could for me not to lose my place.”
Together, they worked on the concern the landlord had about the proper paperwork for Cuddles. Tricia and Ed had extensive back and forth with Quentin’s landlord, including a conference call where Ed had to walk through every aspect of Cuddles’ legitimacy. Finally, Quentin’s landlord dropped the eviction.
Quentin didn’t have to find new housing quickly—a tremendous relief for him. And, of course, he didn’t have to worry about losing Cuddles.
“I just knew when Quentin came in that we had to help him,” says his Legal Aid of WV legal assistant. “He was a great client, and our office loves the story of Cuddles the cat.”
By Legal Aid WV | Categories: Client Story | Comments Off on Jodi’s Story
Jodi is a therapist whose job is the main source of income for her household. Her son has a disability, and her wife is his primary caregiver. When her job let her go without any explanation, she didn’t panic, but she knew she needed to apply for unemployment benefits right away to stay afloat.
Shortly after applying, she heard back from Workforce West Virginia (Workforce WV); she would not receive any benefits because her job reported she was terminated for gross misconduct.
Jodi was shocked.
“I was in a really bad situation,” Jodi explains. “I knew about Legal Aid through the community. I’d referred some clients in the past to them, so I applied. I actually thought going in that I might not be eligible or they might not be able to help. I thought I would roll the dice, and surprisingly, they said absolutely.”
Jodi was assigned a Legal Aid attorney who immediately sent her instructions on how to get an appeal started with Workforce WV, since their appeal window is fairly small, then they set up a meeting.
“Our first meeting was on the phone, and I was still a mess, but he calmed me down. He said, ‘I know this is big. Why don’t we meet in person?’ I think that first meeting was two hours, and he listened to everything. He always returned my calls and emails and was supportive through the whole process.”
Jodi won her first appeal to Workforce WV, meaning they would grant her unemployment benefits. Her employer then appealed that decision, so they went through the process again.
Ultimately, Workforce WV found there was no evidence of misconduct, and Jodi got full unemployment benefits based on the date she was fired.
“In retrospect, I don’t think it had anything to do with me. They did not have any real evidence, and I guess they decided to dig their heels in on their claim,” Jodi says. “Now I’m doing contract work out of the corporate world. I hate the way it happened, but I think maybe it did happen for a reason because I’m so much happier and my schedule is more flexible.”
With her new position, Jodi no longer needs unemployment, but the income during her transition was invaluable—alongside the support.
“I probably would have done the initial appeal just because of how strongly I felt about their decision. That said, I don’t know if that would have gone very well,” Jodi says. “Legal Aid is a great resource for the community and maybe one that people don’t know about as much as they should. To get that extra legal help when you don’t have the ability to financially afford it was a huge deal for me and my family.”
By Legal Aid WV | Categories: Client Story | 11 Comments on Carla’s Story
Though Carla was a busy mother, taking care of her daughter and working, she still longed for a relationship. When she met Bill online, they immediately connected. It took some time, but they eventually decided to meet in person, and it wasn’t long before they moved in together close to his hometown.
Things in their relationship felt perfect, at first. Bill had a stable job and allowed Carla to stay home to care for her daughter, who he treated like his own. It wasn’t long before they decided to have another together.
“It was when I got pregnant. He changed,” she recalls. “He wanted me to take care of the kids. I was fine with that; I was the woman of the house, but as time passed, I realized that was not okay.”
Bill worked long hours, and Carla tried to be understanding. She stayed home to care for their two daughters, but his two-sided personality took its toll on her and their marriage.
“He became verbally abusive. He never talked; he screamed. It was like being punched but with the things he was saying. He bullied me and made me feel less. He didn’t let me see my family. He didn’t let me socialize, and he made me delete my social media.”
Carla was careful not to talk to any other men, even strangers in passing, for more than a moment or Bill would accuse her of being unfaithful. Bill would sometimes break Carla’s phone if he suspected she was talking to another man.
The alienation from other people and constant tension with Bill wore Carla down sometimes.
“I would go away all the time I could,” she says. “I would go to the park and cry. I wanted to tell my family, but I didn’t tell them for a long time. It got to the point where I was another person. I was numb and wasn’t thinking.”
It happened gradually, not all at once: violence started to creep into Bill’s treatment of Carla.
Carla remembers one Mother’s Day afternoon, she took Bill to work, and he asked her to stop and buy a soda for him. She bought a 2-liter bottle for him because it would be more, but when she gave it to Bill, he yelled at her for bringing him a warm 2-liter instead of a chilled bottle.
“It was like he was crazy because I bought the wrong soda for him. He hit me with the bottle in my leg. I had a big bruise, and this was Mother’s Day.”
The instances of abuse continued to increase the longer they were married. Carla loved Bill, and she was confused about how he could go from being a supportive husband and loving father to a man who made her feel unsafe, uncomfortable, and unloved in an instant. At one point after their marriage, she even called Legal Aid of WV (LAWV) for advice but told the attorney she did not want to move forward with a case.
Finally, after a blowout fight where Bill threatened to kill the family’s dog, Carla’s friend urged her to get help.
“I told my best friend what was going on. I was crying,” she says. “She said to me, ‘Call the police.’ My friend gave me the support to go through that step because I wasn’t strong enough to make that decision, to do anything myself anymore. But she said to me, ‘This isn’t going to stop. He’s going to kill you. You have two children. Do you love them? They are in danger.’”
Carla filed for divorce on her own and got a Domestic Violence Protective Order (DVPO) through guidance from the local police department. They also referred her back to LAWV for help with the divorce and a child custody agreement.
After Carla filed for divorce, Bill moved out in anger, leaving her without financial support. She filed for benefits through WV WORKS and SNAP (food stamps) to take care of her children while she worked through the divorce with her LAWV attorney.
“The most important part of the process with Carla was getting custody of her daughters,” Carla’s attorney says. “We started out with a divorce case, but we barely got started on it.”
Less than a month after LAWV took Carla’s case, Bill suddenly passed away in a car accident. Carla was devastated and didn’t know what to do.
Carla’s attorney switched gears and got to work helping her with Bill’s estate. Fortunately, Bill had set up life insurance for both himself and Carla. As a result, she received an immediate lump sum payment, followed by monthly installments.
“The way I look at it, she is in a better position than we could have expected,” says her attorney. “She went from a bad financial state when we met to buying a much-needed new car. I gave her a referral to a CPA to help with her financial future. She has full custody of her kids. It was a terrible situation that ended with no closure, but we put her in the best position she can be to raise her children and have a really good life.”
Carla calls her attorney her “angel” and insists he has done more than she could ever imagine.
But her story continues.
Carla is still grieving her husband—both as the person she thought she married and as someone in her life. She is in therapy and working toward new personal goals.
“I realized after Bill passed away that I was like a zombie. I wanted to keep trying because I loved him, and we were family. But now, well, I’m the type of person who loves progress. He didn’t want me to go to college, so I didn’t go, but now I can.
“This will never happen again. My feet are on the ground now.”
By Legal Aid WV | Categories: Client Story | 3 Comments on Erika’s Story
“It got to the point where something was going to break. I couldn’t stand not being me anymore,” Erika says as she recalls how she felt when she started her transition 15 years ago. “When I said enough was enough, it was here I am!”
An Army veteran who served for 20 years, Erika was combat wounded and discharged, which left her with a bit of a loss as to what to do. She became a VA Peer to Peer support counselor and advocate, working at her local VA medical center, where she helped veterans work through their trauma. Though she specialized in LGBTQ+ counseling, Erika worked with all veterans in her area, from a wide variety of backgrounds.
Erika finally made the decision she needed to change her name legally in 2022, after her retirement from the VA, but she was not exactly sure where to start on the name change process alone.
“I knew Legal Aid would help with this because of my connections through the VA,” she says. “Another therapist told me they heard Huntington Legal Aid was doing name changes. I didn’t try to do it sooner because I was worried about the cost.”
Attorney Russell Cook was assigned Erika’s case less than a year after joining Legal Aid of WV (LAWV). He had never done a name change with a client before, but he was eager to learn. Erika explains that he called her and let her know he was new to the name change process but said he wanted to learn, if she didn’t mind.
“Russ was amazing. When I spoke to him, I just knew this was going to happen. That’s how he made me feel,” Erika remembers. “And once he got involved—BAM! We were in court about a week later. The whole Huntington office was there for me, too, especially the legal assistant, Shelly. They went above and beyond.”
After her name change was complete, Erika started working through next steps. Russell gave her the Name Change Guide created by Fairness West Virginia that helped her follow through with getting her name on all of her documentation, including her birth certificate, because she has always been Erika. Her mother actually chose her name for her.
Now that her name legally reflects who she always has been, Erika says her life has changed.
“I don’t feel like people are looking at me cross-eyed. When I pull out my driver’s license, nobody asks me those stupid questions,” she says. “I always wanted all of it done, with my name changed, but I convinced myself it was fine. I’m getting older, and things are changing. I wanted to make sure when I die, I’m going to die as me.”
