Browsing Posts in Legal Information
By Legal Aid WV | Categories: Legal Information | 4 Comments on How Title IX (9) Protects Victims of Sexual Assault in Schools
Title IX protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. Title IX states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Nearly all of the schools in West Virginia have a Title IX program that ensures the university or college complies with federal law. Schools are required to implement policies consistent with Title IX that applies to both students and faculty. One area of Title IX that directly involves Legal Aid is the handling of reports of sexual assault.
Sexual assault is a form of sex-discrimination. Each school has its own policies that defines sexual assault, and it may be different than the criminal definition of sexual assault used in local criminal law. However, the process amongst the schools in reporting and handling sexual assault allegations on educational campuses are very similar. A report of a sexual assault involving students will trigger Title IX. A person reporting an incident of sexual assault, usually the victim, is called the Complainant. The person alleged to have perpetrated the sexual assault is called the Respondent. Each school has a Title IX coordinator who ensures that steps are taken to ensure the safety of the Complainant and rights of Respondent. Both parties have the rights to have an attorney represent them. Legal Aid has provided services to Complainants in guiding them through the Title IX process and help them make critical decision that are in their best interest.
Once a Complainant reports a sexual assault, an investigation is conducted. The investigation is completed by an investigator who is responsible for interviewing all persons involved and gathering evidence and producing a final report. Both parties have the opportunity to review and propose amendments to the report before it is finalized. Amendments can include providing other witness for the investigator to interview, offering additional evidence, or clarifying their own statement. Title IX complaint can be resolved in two ways: formal and informal resolution. Informal resolution requires the consent of both parties. The goal of the informal resolution is to mediate an agreement between the parties. Informal resolution agreements can include almost anything so long as it is consistent with Title IX and that school’s policies.
However, a formal resolution process is like a court trial. During the formal process, both sides present their case in front of a hearing officer. The hearing officer is usually a lawyer that is hired by the school. Evidence and testimony are presented by both sides and, like a bench trial, the hearing officer will decide if the complainant has proven that the respondent committed an act of sexual assault as defined by the school. If the respondent is found responsible, then adverse administrative action is taken, which can mean suspension or expulsion. However, if he is not found responsible, then no further action is taken, and the complaint is dismissed.
If you or a loved one has been the victim of sexual assault in local schools, colleges, or universities, please know that there are resources available for you. First, it would be a good idea to contact your local sexual assault help center. If you do not know how to contact your local sexual assault help center, contact Legal Aid of West Virginia at 1-866-255-4370 or complete an intake online at www.lawv.net, and we can guide you to resources in your area while also offering insight, advice, and possible representation in your Title IX hearings.
By Legal Aid WV | Categories: Legal Information | 1 Comment on Help for Renters During COVID-19 – Rental Assistance
*It is possible this information is no longer relevant.*
Because of COVID-19 some people have lost income or work. That means some people haven’t been able to pay their rent. The government has implemented programs to help renters and landlords. If you are behind on rent or utilities or may get behind soon, consider these steps because help is available!
Step 1: Apply for Emergency Financial Help
- The Mountaineer Rental Assistance Program (MRAP) can help low-income renters with back rent, future rent, and utilities. Apply online and learn more at www.wvrentalassistance.com. Call 1-866-623-6284 for a paper application or with questions.
- Call 211 or go to www.wv211.org to learn about local resources that may be able to help.
Step 2: Reach Out
- Talk to your landlord. Tell your landlord why you are having problems paying. Pay what you can. Explain your plans. Landlords are more likely to cooperate with renters who are trying.
- If you need legal help, apply for services from Legal Aid of West Virginia.
Step 3: Get Informed
- Read any court notices or paperwork carefully. Make sure to respond to all deadlines and timeframes in court cases.
- Find Legal Information about the court eviction process and renter’s rights on our website.
Step 4: Claim all the help available to you
You can find more information in our COVID-19 and Eviction article. Or if you need legal assistance, apply for help.
By Legal Aid WV | Categories: Legal Information | 1 Comment on CDC Eviction Order Ending, Rental Help Available Now
*It is possible this information is no longer relevant.*
On July 31, 2021, the CDC Order to stop evictions for non-payment of rent will end. The CDC will not extend the order past July 31st.
Even if you have not been evicted, your rent is still due if you have not paid it. When the CDC Order ends, you will have to pay all unpaid rent due at that time or you could face eviction.
If you are behind on rent, you may be eligible for help. The Mountaineer Rental Assistance Program (MRAP) helps West Virginia renters who:
- Have lost income, suffered economic hardship, or qualify for unemployment related to COVID-19;
- Meet income requirements; and
- Have household member who has experienced homelessness or housing instability since March 13, 2020.
If you are eligible, MRAP can pay for:
- past-due rent and utilities dating back to April 1, 2020;
- up to three future rental payments; and
- a one-time internet payment.
More information is available online, along with the application. If you can’t apply online, call the MRAP Call Center at 866-623-6284 to ask for a paper application. If you need help filling out the MRAP application, Legal Aid’s Community Navigators may be able to help.
You should apply for help with your rent now, before the CDC Order ends. You can apply for help even if your landlord hasn’t filed court paperwork to evict you. If you are eligible, the funds will generally be paid directly to your landlord or utility company.
If you are being evicted and need legal help, you can apply for Legal Aid by calling 1-866-255-4370 or complete our Online Application and we will contact you.
By Legal Aid WV | Categories: Legal Information | 4 Comments on School Clothing Vouchers 2021
It’s that time of year again. Students and families are preparing to head back to school in just a few weeks.
Applications for the School Clothing Allowance Program are now being accepted by DHHR from July 1- July 31, 2021 for eligible kids enrolled in West Virginia Schools. Go to WVPATH to apply online. Or call your local DHHR office or 1-877-716-1212 to request a paper application.
Eligible kids will receive a $200 benefit that can be used to purchase school clothing.
Some families will automatically get the benefit, like families who get WV Works or families who get food stamps and have a certain income. Parents or guardians of kids in foster care will automatically get the benefit too. Other families will have to apply.
Eligibility is based on having kids in school and income limits. Income limits for 2021 are on DHHR’s website.
If your family is eligible, instead of a traditional paper voucher, you will get an electronic benefit transfer (EBT) card. The EBT card can be used for online purchases. The EBT card will work like a debit card. It can be used at any retailer who can process debit/credit card transactions. Parents or guardians of kids in foster care will get the school clothing allowance as a check.
Don’t forget to get your application in by July 31, 2021! If you are denied, you can apply for help from Legal Aid to learn more about your rights.
For more information read our article: https://legalaidwv.org/legal-information/school-clothing-vouchers-information-how-to-apply/
By Legal Aid WV | Categories: Legal Information | 1 Comment on Child Tax Credit Payments- New Online Tools
New online tools now exist to help get the 2021 Child Tax Credit.
You may have heard in the news that the Child Tax Credit has been expanded in 2021 so that:
- more people qualify (you don’t need income to claim the credit this year),
- the credit is larger ($3,600 for kids 0-5 and $3,000 for kids 6-17), and
- some people can get advance payments of the credit, starting in July 2021.
For more information read COVID-19: Expanded Child Tax Credit to Help Families in 2021.
Have questions about how to get the credit? Or want to know if you qualify? The IRS has just developed some online tools that might help you.
- Don’t normally file a tax return but want to get the credit? If you did not file a tax return for 2019 or 2020, you can use the IRS Child Tax Credit Non-Filer Sign Up Tool to give the IRS the basic information needed to issue the advance Child Tax Credit payments.
- Don’t know if you qualify for the credit? The Child Tax Credit Eligibility Assistant allows families to answer questions to quickly determine whether they qualify for the advance credit.
- Don’t want the advance payments? The Child Tax Credit Update Portal allows families to unenroll, or opt out from receiving the monthly payments so they can receive a lump sum when they file their 2021 tax return next year in 2022.
Haven’t gotten all your stimulus payments? The IRS Non-Filer Sign Up Tool can also help people who don’t normally file tax returns register for stimulus payments (Economic Impact Payments) they may have missed.
By Legal Aid WV | Categories: Legal Information | No Comments on WIC Increases Cash Assistance for Food
West Virginia’s Special Supplemental Nutrition Program for Women, Infants, and Children (also known as WIC) has temporarily raised the amount of cash assistance for eligible participants, to purchase additional fruits and vegetables. Currently, breastfeeding women receive $16.50 per month, pregnant women receive $11 per month, and children receive $9 per child. With funds form the American Rescue Plan Act of 2021, the cash-value benefit will be increased to $35 per month for each eligible participant. This increase is effective for the months of June, July, August, and September 2021.
WIC provides women, infants, and children up to age 5 with healthy foods, breastfeeding support, nutrition education, and health care referrals free of charge. In order to qualify, household income must be no more than 185% of the federal poverty income guidelines. Families who receive Medicaid, Temporary Assistance for Needy Families (TANF), and Supplemental Assistance for Needy Families (SNAP) automatically qualify.
For more information about WIC, to see if you qualify, or to apply, visit the WIC website.
By Legal Aid WV | Categories: Legal Information | 2 Comments on Unemployment and SSI Update
*It is possible this information is no longer relevant.*
Does someone in your household receive Supplemental Security Income (SSI)? Did someone in your household also get the increased unemployment assistance sometime during 2020 or in early 2021? This could mean that the Social Security Administration says you have an overpayment.
The amount of your SSI payment is impacted by your countable income. SSI benefits decrease dollar-for-dollar based on countable income. SSI may be unavailable if countable income is over the allowable limit.
Unemployment assistance is countable income for SSI.
To help people who lost work due to COVID-19, Congress passed laws that provided extra unemployment assistance, in addition to the regular amount. From March 2020 through July 31, 2020, people on unemployment received an extra $600 a week. From January 2021 through March 14, 2021, people on unemployment are receiving an extra $300 a week. SSI participants must report this unemployment assistance income to the Social Security Administration (SSA) to avoid an overpayment.
If SSA is saying you have an overpayment due to this increased income from unemployment assistance, you may be able to ask for a waiver of the overpayment. Read our article on Social Security Overpayments to learn more.
Do you need help with filing a waiver for an overpayment? You can apply for help from Legal Aid by calling 1-866-255-4370 or online.
By Legal Aid WV | Categories: Legal Information | No Comments on Protecting Your Personal Information on the Internet
In a world where more and more devices and services are interconnected, it may seem impossible to keep your personal information secure. With a little preparation and knowledge, you can actually do a lot to protect this important information.
Here are a couple of statistics that might help you see the importance of taking steps to protect your information. It’s difficult to find hard numbers on hacking attempts, but a Clark School study at the University of Maryland found that, in 2007, there was a hack attempt every 39 seconds on average. That was a long time ago in terms of technology and the Internet, and it has increased substantially, since. The increase has been huge since the COVID-19 Pandemic. According to the FBI, cybercrimes have increased by 300% just since the beginning of the pandemic.
In 2020, the majority of information thefts are not a result of insecure systems that are intruded upon by stealthy hackers. They are a result of social engineering – the art of manipulating people so they give up confidential information. This type of “hack” can be initiated through email, a telephone call, standard mail, or any other communication means. So, be alert to impersonators. A couple of things that you can do are:
- Ask for identity verification or verify the person’s identity independently.
- If you receive an email that you were not expecting, before clicking links or opening attachments, confirm that the sender actually sent you an email by communicating with them directly, instead of replying to the email, or, if the email is from a service, visit the service’s website directly, instead of clicking on links in the email.
In addition to being cautious about giving away information to an imposter, you should do some more commonly suggested things to protect your data. Things like:
- Ensure your personal data is no longer on a device before you dispose of it.
- Use strong password, keep them private, and don’t use the same password across multiple services.
- Don’t overshare on social networking sites. The Federal Trade Commission has a thorough, yet concise, article on keeping your personal information secure. I highly recommend everyone reads it – How to Keep Your Personal Information Secure.
Sources:
https://eng.umd.edu/news/story/study-hackers-attack-every-39-seconds
https://thehill.com/policy/cybersecurity/493198-fbi-sees-spike-in-cyber-crime-reports-during-coronavirus-pandemic
https://www.webroot.com/us/en/resources/tips-articles/what-is-social-engineering
By Legal Aid WV | Categories: Legal Information | 2 Comments on P-EBT: Funds for Children’s Nutritional Needs
P-EBT will provide each qualifying child a one-time payment of approximately three hundred and thirteen dollars ($313.00) for the purchase of groceries this time.
P-EBT is intended to deliver nutrition assistance to families with school-aged children who qualify for free or reduced-priced school meals when school is out of session due to the pandemic. The P-EBT funds can be used to purchase SNAP E-EBT-approved groceries at any location that accepts Supplemental Nutrition Assistance Program (SNAP) EBT cards.
If a child already receives free or reduced-price meals or attends a Community Eligibility Provision (CEP) school where everyone receives meals at no cost, no action is needed. Families will be notified through a letter issued by the DHHR of their eligibility.
In most West Virginia counties, all schools are CEP schools. In Marion, Taylor, Harrison, Lewis, Jackson, Raleigh, Mineral, Hampshire, Berkeley, and Jefferson counties, some schools are CEP schools. In Putman and Monongalia counties, no schools have elected to participate in the CEP program for the 2020 school year. Families in these counties who already receive free or reduced-price meals do not need to take any action to receive their benefits.
Children who attend private schools that are closed due to COVID-19 are eligible for P-EBT benefits if their school provides free or reduced-price lunch through the National School Lunch Program.
If you care for a child who does not currently receive free or reduced-price meals individually or at a CEP school but believe your child would now qualify due to changed circumstances, you may apply at www.schoolcafe.com.
P-EBT benefits will be issued in two (2) groups. The first group will reach students who already receive benefits through the DHHR, such as SNAP, West Virginia WORKS (WV WORKS), or Medicaid. The benefits will be deposited directly on the household’s current EBT card. These benefits will not impact the benefits you currently receive. If you have lost your SNAP EBT card, you can contact the DHHR at 1-877-716-1212 to request a new one.
The second group of students, who do not receive DHHR benefits, will receive their benefits by June 30, 2020. P-EBT cards will be issued to the most recent address and guardian of the student as identified in school records. If you have relocated and have not informed the school of your new address, you should contact your child’s school to notify them of your new address or contact the United States Postal Service and request that your mail be forwarded to your new address. You will receive your benefits on a new EBT card in the mail before June 30, 2020.
For more information, contact your local Department of Health and Human Resources field office or contact the West Virginia Department of Education at 304-558-2709.
By Legal Aid WV | Categories: Legal Information | 1 Comment on Student Loans Permanent Disability Discharge
Most people seem to believe that student loans simply never go away, but for people with permanent disabilities, there may be some relief. People with certain loans and required documentation of total and permanent disability may submit an application to have their loans discharged.
The Federal Student Aid Office of the U.S. Department of Education provides information to the public laying out the requirements and process for a discharge.
What types of loans are eligible for discharge?
William D. Ford Federal Direct Loan Program loans (Direct Loans), Federal Family Education Loan Program loans (FFEL), Federal Perkins Loans, and TEACH Grant service obligations are eligible for total and permanent disability discharges. Any combination of these loans can be forgiven with a single application.
What documentation do I need to provide?
- Veterans can qualify for a total and permanent disability discharge by providing a VA disability determination showing either a service-connected disability that is “100% disabling,” or showing total disability based on an individual unemployability rating.
- Individuals eligible for Social Security Disability (SSDI) or Supplemental Security Income (SSI) can qualify for a discharge by providing a copy of either a Social Security Administration “Notice of Award” or “Benefits Planning Query.” On page 4 of the Notice of Award, under “Things to Remember for the Future,” the review period lists a number of years between reviews. To qualify for a discharge, your review period must be between 5 to 7 years.
- All other individuals must have a physician complete section 4 of the application.
What else do I need to know?
Nelnet is the servicer on these loans, so they will review the application. Once you file the application, you will not be required to submit any payments on your loans while your application is being reviewed. Veterans whose total and permanent disability discharge applications are approved will have their payments returned to them dating back to the effective date of the VA’s disability determination. However, individuals sending in SSA documentation will only have payments returned from the date Nelnet received the documentation, and individuals who submit a physician’s certification will only have their payments returned from the date of the certification, so the longer you wait to file, the more you’ll continue to have to pay on your loans.
Approved applicants enter into a three-year post discharge monitoring period, and must complete certain steps or risk having their loans reinstated.
Different cases have different circumstances and complications. This information is not intended to address every possible situation. This is general legal information. For more guidance about your particular situation, please contact Legal Aid or talk to a lawyer.