Advance Directives
Asylum
Child_Support
Citizenship/Naturalization
Divorce
Domestic Violence Clinical Center
Employment
Fair Hearings
Food Stamps
Holocaust Compensation
Home Care
Immigrant Benefits
Medicaid
Medicare Part D
Orders of Protection
Permanent Residency (Green Card)
Pro Bono & Volunteering
Public Assistance
Social Security Disability
Supplemental Security Income
Unemployment Insurance
VAWA Petitions
Visas
Fair Hearings
Q: What is a fair hearing?
A: A fair hearing is a formal chance for you to challenge a decision made by the City about your welfare, food stamp or Medicaid benefits.
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Q: How do I request a fair hearing?
A: If you received a written notice of intent involving welfare and/or Medicaid, you have sixty days to request a hearing; if the notice involves food stamps, you have 90 days. If your benefits changed without notice, these time limits might not apply, but it is best to request a fair hearing as soon as possible. If your benefits are being reduced or terminated, you should act quickly to keep your benefits from being reduced while you wait for the hearing and decision.
To ask for a hearing, follow the instructions on the notice or call 1.800.342.3334. Requests can also be made by fax: 518.473.6735. In New York City, you may also go in person to either of the two OTDA Office of Administrative Hearings:
14 Boerum Place, 1st Floor
Brooklyn, New York 11201
330 West 34th Street, 3rd Floor
New York, New York 10001.
Try to keep records of your request.
(You may also want to add a link to the OTDA fair hearings site,
http://www.otda.state.ny.us/oah/faq.asp.)
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Food Stamps
Q: How do I apply for Food Stamps?
A: If you are only applying for Food Stamps (and not public assistance as well), you can go to any of the Non Public Assistance (NPA) Centers in New York City listed below and submit an application. Note that the NPA Centers are frequently moving addresses so call before heading to a specific center. If you are not able to leave your home for medical reasons, you can contact the Homebound Food Stamp Center at 151 Lawrence Street, Brooklyn, New York, 11201 or (718) 488-5480 for assistance.
Food Stamp Offices
Bronx
Bergen Food Stamp Center*
414 East 147th Street
Bronx, NY 10455
(718) 759-8627
Monday through Friday: 8:30 a.m. to 6:00 p.m.
Saturdays: 9:00 a.m. to 5:00 p.m.
Melrose Food Stamp Center
260 East 161st Street
Bronx NY 10451
(718) 664-1017
Crotona Food Stamp Center
1910 Monterey Avenue, 5th Floor
Bronx, New York 10457
(718) 901-0268
Brooklyn
Boro Hall Food Stamp Center *
227 Schermerhorn Street
Brooklyn, NY 11201
(718) 722-4023/24
Monday through Friday: 8:30 a.m. to 6:00 p.m.
Saturdays: 9:00 a.m. to 5:00 p.m.
Brighton Food Stamp Center
2865 West 8th Street
Brooklyn, NY 11224
(718) 265-5612/13
Coney Island Food Stamp Center
2865 West 8th Street
Brooklyn, New York 11224
(718) 265-7680
Fort Greene Food Stamp Center
275 Bergen Street
Brooklyn, NY 11217
(718) 694-8196
Greenwood Food Stamp Center
253 Schermerhorn Street
Brooklyn, New York 11201
(718) 722-4044
Midwood Food Stamp Center
3051 West 21st Street
Brooklyn, NY 11224
(718) 333-3273/93
New Utrecht Food Stamp Center
6740 Fourth Avenue
Brooklyn, NY 11220
(718) 921-2268
North Brooklyn Food Stamp Center
500 Dekalb Avenue
Brooklyn, NY 11205
(718) 636-7050
Residential Treatment Food Stamp Center
233 Schermerhorn Street
Brooklyn, New York 11201
(718) 722-4640
Williamsburg Food Stamp Center
30 Thornton Street
Brooklyn NY 11206
(718) 963-5140/2
Manhattan
East End Food Stamp Center
165 East 126th Street, 3rd Floor
New York, NY 10035
(212) 722-2931
St. Nicholas Food Stamp Center
132 West 125th Street 5th Floor
New York, NY 10027
(212) 666-8686
Union Square Food Stamp Center *
109 East 16th Street
New York, NY 10003
(212) 835-7583
Monday through Friday: 9:00 a.m. to 6:00 p.m.
Saturdays: 9:00 a.m. to 5:00 p.m.
Washington Heights Food Stamp Center
4660 Broadway
New York, NY 10040 (212) 569-9833
Queens
Flushing Food Stamp Center
32-20 Northern Boulevard
Long Island City, NY 11101
(718) 784-6315
Jamaica Food Stamp Center *
90-75 Sutphin Boulevard
Jamaica, NY 11435
(718) 523-1298/1090
Monday through Friday: 8:30 a.m. to 6:00 p.m.
Saturdays: 9:00 a.m. to 5:00 p.m.
Long Island City Food Stamp Center
45-12 32nd Place
Long Island City, NY 11101
(718) 752-4469
Far Rockaway Food Stamp Center
520 Beach 20th Street
Far Rockaway, NY 11691
(718) 337-6522
Staten Island
Staten Island Food Stamp Center
444 St. Mark's Place
Staten Island, NY 10301
(718) 390-8423
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Q: If I am eligible, when can I expect to receive Food Stamps?
A: You should receive food stamps thirty days after the date of application. Some needy individuals may be eligible for "expedited food stamps" which should be provided within five days of your application date.
Q: What can I do if my application for Food Stamps is denied?
A: You can request a fair hearing by fax to (518) 473-6735 or mail a request letter to the Office of Temporary and Disability Assistance, P.O. Box 1930, Albany, New York 12201-1930. If you fax the request, keep the confirmation receipt. If you mail it, it is always a good idea (but not necessary) to mail it by certified mail with return receipt. You have to request a hearing within 60 days of the date of the determination. The letter request should include your full name, social security number, contact information and the reason you are requesting a hearing. You should also consider reapplying for food stamps in the meantime because it can take a while to get a hearing scheduled.
Medicare Prescription Drug Benefit (Medicare Part D)
Q: When can I sign up for a Medicare Prescription Drug Plan?
A: You may enroll in a plan between November 15, 2005 and May 15, 2006. If you enroll by December 31, 2005, your prescription drug coverage will begin on January 1, 2006. If you enroll after December 31, 2005, your prescription drug coverage will begin on the first day of the month after the month in which you enroll.
If you have both Medicare AND Medicaid you will be automatically enrolled in a Medicare prescription drug plan in October 2005. Your coverage will begin on January 1, 2006.
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Q: How do I enroll in a Medicare prescription drug plan?
A: Once you decide which plan is best for you, there are several ways you may be able to apply. (1) You may contact the company offering the plan and request a paper application. Mail or fax the completed application back to the company. (2) If the company offering the plan permits online applications, you may apply through the company’s website. (3) You may join a plan through Medicare’s online enrollment center at www.medicare.gov. (4) You may join a plan by calling 1-800-MEDICARE (1-800-633-4227). If you are a TTY user, call 1-877-486-2048.
Q: IfI am on both Medicare and Medicaid, can I keep my Medicaid prescription drug coverage?
A: No. You will no longer receive prescription drug coverage through Medicaid. You will be automatically enrolled in a Medicare prescription drug plan instead.
Q: Can I switch plans?
A: Between January 1, 2006 and May 15, 2006, you may switch plans only once. If you decide you want to switch plans at any other time, you must wait for the next annual enrollment period.
If you are on both Medicaid and Medicare, or if you are in a Medicare Savings Program, you may switch plans up to once per month.
Q: Can I get help paying for my Medicare prescription drug plan costs?
A: If you have limited income and limited resources, you may qualify for extra help paying for your prescription drug plan costs.
Q: How do I apply for extra help?
A: If you are on Medicaid, SSI, or in a Medicare Savings Program, you will automatically receive extra help paying for your plan. You do not need to apply.
Others must apply for extra help. You may apply online through the Social Security Administration website at www.socialsecurity.gov/prescriptionhelp or you may request a paper application by calling 1-800-772-1213 (TTY 1-800-325-0778).
Q: What if my request for extra help is denied?
A: If the Social Security Administration denies you extra help, you may appeal that decision. You have 60 days from the date you received SSA’s initial determination to request an appeal. Information on how to file an appeal should be included with the initial determination. If you did not receive a form to fill out to request an appeal, call SSA 1-800-772-1213 (TTY 1-800-325-0778) to request one.
Public Assistance
Q: How do I apply for public assistance (welfare)?
A: Call 311 to find out which welfare center covers your zip code. Go to the Center and ask the receptionist for an application. If you do not have any income, you can ask for emergency assistance when you apply.
Q: If I am eligible, how long after I apply will it take for me to get public assistance?
A: The process has a number of steps, but you should receive a decision in writing 30-45 days after you have completed the application process. If you have children in your household, you should receive benefits no more than 30 days from the date you applied, but if you do not have children, it will take 45 days before you would start to receive benefits.
Q: What can I do if my application for public assistance is denied?
A: If you are denied, or your application has not been processed, you have a right to a fair hearing (see Fair Hearings section, below). You can also reapply at anytime to get the clock started on your new application.
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Supplemental Security Income (SSI) & Social Secuirty Disability (SSD)
Q: I was denied SSI and/or SSD benefits. How do I file an appeal?
A: You have approximately two months (65 days) from the date on a "Notice of Disapproved Claim" to file an appeal called a "Request for Hearing by Administrative Law Judge". You file this appeal at your local Social Security office. If you do not know the address of your local Social Security office, you can call 1-800-772-1213 or go to Social Security's website: www.ssa.gov. You should file the Request for Hearing in person at the local Social Security office and obtain a computer-generated receipt or a date-stamped copy as proof of your appeal.
Q: Does NYLAG represent clients in SSI and SSD cases?
A: NYLAG represents clients in SSI and SSD cases but we do not represent everyone who calls our office. For more information, you can call our office during the intake hours of 9am to 3pm on Mondays, Wednesdays, and Thursdays. You should call right after you file your Request for Hearing.
Q: Does NYLAG represent clients in SSD and SSI overpayment cases?
A: In general, NYLAG does not represent clients in SSD and SSI cases. However, if it is still within 60 days from the date of your Notice of Overpayment, you can file a Request for Reconsideration to appeal the overpayment amount. You can file the appeal at your local Social Security office and request a formal conference on the appeal form. In addition, you can file for a "Waiver of Overpayment" at any time. To be eligible for a waiver, you must prove that the overpayment was not your fault and that it would be a hardship for you to repay the money. To prove the overpayment was not your fault, you must have documentary evidence that you reported your income to Social Security. To show the overpayment is a hardship, you must show that you cannot pay your monthly food and shelter expenses if you have to repay the overpayment
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Unemployment Insurance Benefits
Q: How do I apply for Unemployment Insurance benefits?
A: To apply, you can call 1.888.209.8124 or file electronically by going to www.labor.state.ny.us and clicking on "Unemployment insurance" for online applications. There are applications in Spanish and English.
Q: If I am eligible, when can I expect to receive my first unemployment insurance check?
A: It should take approximately 3 to 4 weeks after you apply to receive your first check. Remember you need to certify for benefits each week by either going online or calling the claims line listed above, and if you fail to certify after the first week that you receive benefits, your check may be delayed.
Q: What can I do if my unemployment insurance claim is denied?
A: You can request a fair hearing so long as you do so within 30 days of the date of the decision denying your benefits. You can mail in your letter request to:
NY State Department of Labor
P.O. Box 15131
Albany, New York 12212-5131
Make sure to include your Social Security number, and simply state the reason why you are challenging the decision. You will get an acknowledgment notice indicating that the Department of Labor has received your request for a hearing and then an additional follow-up notice with a time and date for your hearing. Most hearings are held at 110 King Street in Manhattan.
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Child Support
Q: I need child support, but I am not married to the father of my child, what should I do?
A: If the father signed an acknowledgment of paternity which is typically done in the hospital right after the birth of your child, it is as if you were married to him for the purpose of child support. You have the right to file a petition for child support in the Family Court in the borough where you live, and can ask for medical insurance, un-reimbursed medical expenses and child care expenses in addition to basic child support. Without the acknowledgment, you must first file a petition for paternity with the Family Court. The judge may order DNA testing before issuing the order of filiation which establishes paternity. Once paternity is established, the non-custodial parent has the obligation to support his/her child, as well as the right to ask for visitation/custody.
Q: I recently found out that I owe a lot of money in child support and my bank account was frozen and/or my driver's license is being suspended, what should I do?
A: Go to Support Collection Unit Customer Service at 151 West Broadway (off Thomas Street) in Manhattan. Explain your financial situation and try to make an arrangement about how to pay the money you owe. If you believe SCU made a mistake in calculating the arrears, you need to file a petition for adjustment of arrears with the Family Court that ordered the child support.
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Divorce
Q: I was just served with a summons for divorce, what should I do?
A: You need to file a document called a Notice of Appearance. You need to file the Notice of Appearance within twenty days of when you received the Summons. You should do this even if you plan on hiring a lawyer in the future or if the twenty days have passed. You can get a copy of a Notice of Appearance from the Supreme Court Office of the Self-Represented or from the court website at www.courts.state.ny.us/litigants/divorce. Fill out the form and send one copy to the opposing party and his attorney, by certified mail, return receipt requested. Take two other copies to the County Clerk in the Supreme Court where the divorce was filed. Take the Summons with you. Give the clerk the second copy of the Notice of Appearance and the slips showing that you sent a copy of the document to the opposing party and attorney. Ask the clerk to date stamp your copy and keep it for your records.
Q: My husband and I would like a divorce but don't have money to pay an attorney to do it for us, what should we do?
A: 1) If you and your spouse agree on the terms of your divorce:
The Supreme Court is the only court in the State which can grant a divorce. You may file for divorce by filing the uncontested divorce package that is available in the Supreme Court of each borough for free as well as online at www.courts.state.ny.us/litigants/divorce. The package comes with a booklet which explains in detail each form and how to fill them out and file them with the court. If the income of the spouse who files for divorce is low, he/she may ask the judge to waive the court fees which total $285.00. To do so, complete an Affidavit of Poor Person’s Status.
- If you and your spouse do not agree on the issues arising out of the divorce and no one has
- filed for divorce yet:
For a person whose divorce will not be contested, the services of an attorney are often necessary. If you cannot afford to hire an attorney, you should call your local Bar Association for a referral. If you cannot obtain a lawyer for the divorce and you will need to resolve other issues, such as custody/visitation, an order of protection, or child or spousal support, then you may go to the Family Court where you live and file a petition for the relief without charge. (The Family Court cannot grant a divorce.) If you are unable to afford an attorney, the Family Court may appoint one for you if the case is about child custody or domestic violence. You are not entitled to a court appointed attorney in support cases. It may be easier relief in the Family Court than in the Supreme Court if you are not eligible for a court appointed attorney. After the Family Court resolves the issues related to divorce, then it may be easier to obtain a divorce in Supreme Court. However, only the Supreme Court can, in addition to dissolving the marriage, distribute the marital assets and marital debt and award occupancy of the marital residence.
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Orders of Protection
Q: How can I obtain an Order of Protection?
A: Go to the Family Court in the borough in which you or the abuser live, or in the borough where the abuse occurred. Go to the Petition Room and tell the clerk you need to file for an order of protection. Write down the first incident of abuse, the most serious and the most recent incidents. Include any injuries you suffered. If you need help filling out the petition or need help obtaining other services, like shelter, go to the Safe Horizon office in the Family Court.
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Q: What is the Domestic Violence Clinical Center (DVCC)?
A: The Domestic Violence Clinical Center (DVCC) is an innovative program which offers law students the opportunity to learn substantive and litigation skills while providing legal representation to battered women in Family Court.
Law students, acting under a student practice order and close supervision, represent domestic violence victims in Family Court on family offense and limited custody and visitation proceedings. Students commence the case with the initial interview of the client and proceed accordingly, from the drafting and filing of the appropriate legal documents through the court hearings, and disposition of the matter. Students are offered an intensive seminar during which they are taught family, matrimonial, immigration and criminal law as these issues relate to domestic violence. Students study the integration of law and psychology specific to intimate violence and apply these skills in their representation of victims in NYC Family Courts. Through the use of simulations, lecture and videotaping, students learn client interviewing, safety planning, case preparation, evidence gathering, legal writing, trial advocacy and negotiation skills.
Q: What is the time commitment?
A: The externship is year-long so as to maximize the students’ opportunity to fully service a client and to maintain continuous representation of that client by one provider. Students may participate for two consecutive semesters, or one semester and the summer. During the school year, the time commitment is approximately 15-20 hours per week.
Q: What qualifications do I need to apply to the DVCC?
A: You must have completed your first year of law school;
you must take Evidence or Family Law either as a prerequisite or concurrently;
you must have an interest in domestic violence or litigation and doing public interest law;
and can schedule at least 15-20 hours per week during the school semester.
Q: May I earn law school credit for the time I participate?
A: Most law schools will give you either externship or academic credit. Work-study is also available.
Q: How do I apply for a position in the DVCC?
A: Send a resume and cover letter stating why you are interested in participating in the DVCC to:
Kim Susser
New York Legal Assistance Group
450 West 33rd Street, 11th Floor
New York, NY 10001
Fax: 212.613.5056
Email: ksusser@nylag.org
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Q: What kinds of cases does Immigrant Protection Unit handle?
A: The Immigrant Protection Unit provides assistance to immigrants in a variety of immigration and public benefits cases, including representing clients in political asylum claims, obtaining family-based and employment-based immigrant and non-immigrant visas, assisting aliens in adjustment of status and naturalization procedures, rendering legal services to victims of domestic violence on immigration law issues. The Unit also helps needy immigrants in securing public benefits.
Asylum
Q: I was granted an asylee status. How can I bring my husband and child to the United States?
A: If you are an alien and granted an asylee status in the United States, you may apply for derivative asylee benefits for your spouse and/or unmarried children under 21 years of age, whether they are in or outside the United States, within two years of the date in which you were granted asylum status. The relationship between an asylee and his or her relative must have existed on the date an alien was granted asylum in the United States and must continue to exist when an asylee files Form I-730 (Refugee/Asylee Relative Petition) and when his or her child or spouse is admitted to the United States. Therefore, you should file a separate derivative asylum application for your husband and your child to the Nebraska Service Center within two years of the date of your asylum grant.
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Citizenship/Naturalization
Q: I entered the United States as a refugee and then adjusted my status to that of a lawful permanent resident. When can I apply for naturalization?
A: As a general rule, an alien can file an application for naturalization if he or she has been lawfully admitted for permanent residence and has resided continuously as a lawful permanent resident in the U.S. for at least five years (minus 90 days) prior to filing with no single absence from the United States of more than one year. As a refugee, you are considered a lawful permanent resident on the date of entry into the United States, so the five year period starts running from the date of entry into the United States.
Q: One of the requirements for naturalization involves understanding the meaning of the Oath of Allegiance. Is it possible for someone who is suffering from Alzheimer’s disease or Dementia, and is unable to understand the meaning of the Oath, to become a U.S. citizen?
A: Yes. On November 6, 2000, Public Law 106-448 was enacted. This law authorizes the Attorney General to waive the oath requirement for any individual who has a developmental or physical disability or mental impairment that makes him or her unable to understand, or communicate the understanding of the meaning of the oath. The Bureau of Citizenship and Immigration Services (USCIS) has determined that in certain situations it is appropriate to permit a designated representative to complete the naturalization examination on behalf of a qualified applicant, attesting orally and through affidavits to the disabled applicant’s qualifications for naturalization. Such modified procedure allows USCIS to obtain the most accurate information available regarding the applicant’s eligibility from those individuals who are most familiar with the applicant’s life history and current impairment. The designated representative may be either a legal guardian appointed by the court or, in the absence of a legal guardian, a spouse, parent, adult son or daughter, or adult brother or sister, who is a U.S. citizen. If the designated representative is not the legal guardian, he or she must have knowledge of the facts surrounding the applicant’s eligibility for naturalization. It is important to understand that the oath waiver is designed for those applicants who are so severely disabled that they cannot, by any means, either demonstrate the understanding of the oath or communicate that understanding to the USCIS officer.
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Immigrant Benefits
Q: I received a notice from the Social Security Administration that my SSI benefits would be cut off because of the expiration of the 7-year eligibility period. How do I know if this action is correct and, if it is not, what should I do?
A: Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 as amended by the Balance Budget Act of 1997, those aliens who were lawfully residing in the United States on August 22, 1996 are eligible to receive SSI benefits if disabled. If you were lawfully residing in the United States on this date and have been receiving SSI benefits based on disability, you are qualified to receive SSI benefits for as long as you are disabled. You have 60 days to file a request for reconsideration.
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Permanent Residency (Green cards)
Q: How do I renew my green card?
A: If your green card has expired or will expire soon, you can renew it by submitting Form I-90 with a filing fee of $185 and a fingerprint fee of $70 to the following address:
U.S. Citizenship and Immigration Service
P.O. Box 54870
Los Angeles, CA 90054-0870
Please note that you should not include your initial evidence and supporting documentation when submitting the Form I-90 to the Los Angeles Lockbox. When you receive a notice for biometrics processing appointment at the Application Support Center (ASC), you will submit your initial evidence during that appointment.
Q: How do I replace a green card that has incorrect information on it?
A: If your green card was issued with incorrect information because of a USCIS error, mail an I-90 Form and supporting documentation to the same Service Center or National Benefits Center that processed his green card application. You will not have to pay any fees. In addition, you have to submit the original I-551 card containing incorrect information and documentation that supports the requested correction.
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VAWA Petitions
Q: I came to the United States and married a U.S. citizen, though my husband never filed any immigration papers to legalize my status. Eventually, my husband became very abusive, and I filed for a divorce. Two months ago, our marriage was terminated. However, is it true that I will not be able to file a self-petition under the Violence Against Women Act since our marriage was terminated?
A: No. A self-petition may be filed if the marriage was terminated by the abusive spouse’s death within two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within two years prior to filing, by divorce related to the abuse.
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Visas
Q: I am a lawful permanent resident with a steady income. Can I sponsor my parents to come to the United States?
A: No. If you are a lawful permanent resident, you are not eligible to petition to bring your parents to live and work permanently in the United States. Only United States citizens are eligible to petition to bring their parents to live and work permanently in the United States. For more information: http://uscis.gov/graphics/howdoi/parents.htm
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Q: What is the purpose of the Holocaust Compensation Project's hotline?
A: Survivors and their advocates have many questions regarding the numerous compensation programs, each of which has its own eligibility criteria, deadline and application. The trained individuals answering the hotline provide callers with needed information.
Q: What is the hotline number and when can someone be reached?
A: The hotline number is (212) 688-0710 and a call can be placed at any time. If no one is available to immediately answer the telephone, the caller can leave a message and we will return the call by the next day.
Q: What type of assistance is currently offered?
A: We help survivors apply for compensation from such programs as the Article 2 Fund and the Hardship Fund, and for pensions from Germany for work that was done in ghettos. In addition, we appeal ghetto pension denials as well as denials that survivors have received from, among other programs, the Swiss Banks Fund and ICHEIC (insurance claims).
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Q: What is an advance directive?
A: An advance directive is a legal document that allows a person to make their health care choices known in advance of an incapacitating illness or injury. Although laws vary from state to state in America, there are two main types of directives:
• A living will is a legal document in which you state the kind of health care you want or don't want in the event you become very ill and there is no reasonable hope for recovery.
• A health care proxy (or durable health care power of attorney) is a legal document in which you name someone close to you to make decisions about your health care in the event you become incapacitated.
Q: Why do I need an advance directive?
A: Advance directives give you a voice in decisions about your medical care when you are unconscious or too ill to communicate. As long as you are able to express your own decisions, your advance directive will not be used and you can accept or refuse any medical treatment. But if you become seriously ill, you may lose the ability to participate in decisions about your own treatment. That's when your advance directive becomes important.
Q: Should an individual have both types of advance directives?
A: Ideally, yes. You can have a health care proxy that names a health care agent and a living will to help guide the agent in making the decisions. Some individuals, however, do not have anyone to name as their agent, so s/he should complete a living will and be as specific as possible. Others prefer to have just a health care proxy and discuss their wishes with their agent. We recommend that individuals complete a health care proxy if at all possible as there is currently no surrogate decision-making under New York state law. Whatever you decide, your advance directive should be easily accessible. That’s why we recommend registering both documents with the U.S. Living Will Registry®, so that they are included in a secure online database.
Q: When does an advance directive become effective?
A: A living will and health care proxy will become effective only when you are incapacitated and unable to make communicate your wishes regarding your care.
Q: How do I register my advance directive in the U.S. Living Will Registry®?
A: To submit advance directives for registration, you or your social service provider may send the documents along with the U.S. Living Will Registration Agreement by either of the following methods:
- FAX to 212.750.0820 to the attention of “Total Life Choices”
- MAIL to:
Total Life Choices
New York Legal Assistance Group
450 W. 33rd Street, 11th Floor
New York, New York 10001
Additional advance directive forms and registration materials can be obtained online at www.nylag.org or by calling 212.371.6873.
Q: How does Total Life Choices work?
A: A TLC attorney will first review your documents to ensure they are legally sufficient.
Your advance directive(s) is then scanned into the U.S. Living Will Registry® so that an exact image of your document is stored. Once registered, you will be sent a confirmation letter in addition to labels for you driver's license and insurance card, stating that you are registered, and a wallet card listing your Registration #. Health care providers can contact the computer on the telephone or via a secure Internet web site, and request a copy of your advance directive. The computer sends a copy to the provider, and it is kept as part of your confidential medical record. If you don't have your card, the health care provider can still access your document using your social security number (health care providers almost always have your social security number because they use it for billing purposes). Your document is stored and transmitted in the safest way possible to insure your privacy. You will have peace of mind knowing that your advance directive is safe, secure and available to your family and doctors whenever and wherever it is needed. And because health care providers can contact the Registry to see if any patient has an advance directive, they can retrieve your document even if they don't have your card.
Q: How much does it cost to register?
A: Registration is completely free. TLC provides this service without charge so that everyone can participate.
Q: What if I change my mind?
A: You can revoke your health care proxy and/or living will at any time while you are competent by informing your agent or physician that you have changed your mind. You must notify the Registry in writing if you change or revoke your advance directive in which case your old directive will be destroyed and your new document will be registered. Moreover, the U.S. Living Will Registry® automatically sends annual reminder letters to confirm that your information is up-to-date. To change your advance directive(s): Simply fill out a new health care proxy and/or a new living will form and mail everything directly to the Registry. They will automatically replace the new documents with the existing ones. If you would like to revoke a document entirely, provide instructions in the form of a letter. All documents should be mailed to:
U.S. Living Will Registry
523 Westfield Ave., P.O. Box 2789
Westfield, NJ 07091-2789
Q: Will my advance directive be honored if I become ill in another state?
A: All 50 states and the District of Columbia have laws recognizing the use of advance directives (i.e., living wills, medical powers of attorney). The majority of states will recognize a New York State health care proxy and living will and most states also have reciprocity provisions. However, if you spend a great deal of time in more than one state you might want to consider executing an advance directive specifically worded to meet each state’s requirements to best protect your interests.
Q: I am worried about my advance directives not remaining confidential. What safeguards are in place to protect my privacy?
A: Your advance directive is a legal document and its privacy and confidentiality must be protected. In the Registration Agreement, it is clearly stated “Registry is not authorized to share my personal information with parties other than health care providers.” Health care providers (as defined by federal regulations on advance directives) are hospitals, doctors, skilled nursing facilities, nursing facilities, home health agencies, providers of home health care, ambulatory surgery facilities, and hospices. Once transmitted to a provider, your advance directive becomes part of your medical record. Law protects the privacy of medical records. The Registry does not share or sell your personal information.
Q: What if I already have an advance directive? Do I have to complete a new one to participate in Total Life Choices?
A: No. Just as long as a NYLAG attorney reviews the documents and finds them legally sufficient, your existing forms can be uploaded into the database after you fill out a registration form.
Q: How do I access my advance directives once they are stored in the Registry?
A: You can visit the website at www.uslwr.com and access the documents by entering the “Source” and the “Registration #,” both of which are listed on the Registry ID card you receive in the mail. If you do not have the card with you and a hospital/medical facility needs to access the documents, they can do so by calling 1.800.LIV.WILL (548.9455).
Q: I don’t have a U.S. Social Security Number. Can I still participate in the Registry service?
A: Yes. Individuals without a SSN can either leave this section of their Registration form blank or write that they do not have a SSN. An account number will be generated randomly and assigned to the individual.
Q: Can registered individuals have their directives accessed if they are admitted to a hospital outside of the U.S.?
A: Mostly yes. The Registry already has numerous Foreign Service employees registered who are regularly out of the country. In the event they are admitted to a hospital overseas, the Registry would use similar verification methods to ensure that person requesting the information is from a legitimate medical institution. This may be more difficult in countries with less developed information technology systems.
Q: What if I do not have access to a computer or am not comfortable using the internet, should I still store my advance directives electronically?
A: Individuals without internet access can make full use of this service. All advance directives must be mailed or faxed to us so there is no need for the internet. Doctors, health care facilities and anybody else with whom you share your registration number can download your documents from the internet, but there are also alternative methods of obtaining them from the Registry.
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Q: What are the backgrounds of people who volunteer at NYLAG?
A: NYLAG works with all types of volunteers. Practicing attorneys, retired attorneys, paralegals, college and high school students and anyone who wants to help out is invited to volunteer with NYLAG.
Q: What type of work does a volunteer do?
A: This depends on the volunteer's interests and experience. Attorneys often take on case-handling responsibilities or motion practice while those with no legal experience often provide research, legal support and perform administrative responsibilities. Volunteers work in all our units including family law, benefits and entitlements, immigration and impact litigation.
Q: What sort of commitment is expected from a volunteer?
A: Volunteers work out a schedule with their supervisors and the volunteer is expected to be at NYLAG at their scheduled times. Most volunteers work two days per week. Volunteers are asked to work a certain amount of time because of the time it takes to train the volunteer and the learning curve involved in volunteering.
Q: How is a volunteer given work?
A: Each volunteer is assigned a supervisor. Some volunteers work extremely closely with their supervisor to get assignments and to work on projects together. Other volunteers work independently and only report to their supervisor when an assignment is finished. One of the goals of the volunteer unit is to offer the volunteer great flexibility in the manner that they perform their work.
Q: How many volunteers work at NYLAG?
A: The numbers vary, but usually the number of volunteers exceeds the number of paid staff. Volunteers are the cornerstone of our practice and thus we may have thirty to forty volunteers working at a time.
Q: Can a volunteer attorney receive CLE credit for working with NYLAG on a pro bono basis?
A: Yes. NYLAG is an accredited CLE provider and thus can award CLE credit to volunteers.
Q: Who does pro bono for NYLAG?
A: Attorneys from all types of firms as well as sole practitioners.
Q: What kind of cases does NYLAG offer pro bono counsel?
A: The range of pro bono opportunities available at NYLAG are as diverse as the services NYLAG provides and the clients we serve. Some areas of law include: divorce and child custody, domestic violence, elder law and aging, employment law, estate planning, family law, healthcare, immigration law, home care, Medicaid, Medicare, special education, welfare and public assistance, wills, health care proxies, powers of attorney. NYLAG practices many different areas of civil law. However, the cases we screen for pro bono attorneys are not restricted to those areas alone. Additional cases available to private attorneys include tax, bankruptcy, real estate, adoption, trust and estate, Article 78, guardianships and more.
Q: What kind of assistance does NYLAG offer its pro bono counsel?
A: NYLAG provides client screening, supervision including attending at appearances and strategy review, documents, etc.
Q: Can an attorney receive pro bono credits for doing pro bono work with NYLAG?
A: An attorney can receive CLE credit for his/her pro bono work.
Q: Can pro bono attorneys receive training?
A: Yes. They can participate in live trainings as well as given access to written materials and tapes.
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Q: What is the minimum wage in New York City?
A: As of January 1, 2007, the minimum wage in New York City is $7.15.
Q: I work more than 40 hours in a single week. Am I entitled to overtime compensation?
A: Generally, employees whose primary duties involve managing other employees or managing general business operations, or who are professionals whose work requires an advanced degree, are not eligible for overtime. Most other employees are entitled to be paid an overtime rate of time and a half their regular rate of pay for each hour worked over 40. Even if you receive a set salary or are paid a daily or weekly wage, you may be entitled to extra overtime compensation.
Q: I am an undocumented worker. Am I still entitled to minimum wage and overtime pay? Am I protected from discrimination?
A: Yes. Even undocumented workers have the right to be paid and to be free from discrimination and harassment. Even if you are an undocumented worker, if you complain about wages, discrimination or other some other labor law violations, it is illegal for your employer to retaliate against you.
Q: My employer owes me wages. What can I do?
A: If you think that your employer owes you wages, you can file a claim with the United States Department of Labor or the New York State Department of Labor. Contact:
U.S. Department of Labor
Wage & Hour Division
26 Federal Plaza, Rm. 3838
New York, NY 10278
(212) 264-8185
N.Y. State Department of Labor
Wage & Hour Division
345 Hudson Street
New York, NY 10014
(212) 352-6700
If your claim is for less than $5000, you can also file a claim in Small Claims Court. Small claims courts are located in every borough. Contact:
Manhattan (New York County)
111 Centre Street
New York, NY 10013
(212) 347-5779
Brooklyn (Kings County)
141 Livingston St.
Brooklyn, NY 11201
(718) 643-5069
Staten Island (Richmond County)
927 Castleton Ave.
Staten Island, NY 10310
(718) 290-5416
Bronx (Bronx County)
851 Grand Concourse
Bronx, NY 10451
(718) 590-3000
Queens (Queens County)
120-55 Queens Blvd.
Kew Gardens, NY 11424
(718) 520-4741
We recommend consulting with an attorney or NYLAG’s Justice at Work Project prior to deciding whether and where to file.
Q: What is sexual harassment?
A: Sexual harassment is a form of employment discrimination. Sexual harassment may involve requests for sexual favors, repeated sexual comments, exposure to sexual photographs, or other conditions that create an environment that is hostile or threatening based on your sex.
Q: What should I do if I believe that I have been sexually harassed?
A: First, consider complaining to someone with power to make the harassment stop. If your office has a harassment policy, you usually must follow that complaint procedure. If you do not follow your company’s policy, you may not be able to sue for harassment later. If complaining does not fix the problem, you should consider filing a complaint with an administrative agency or with the courts. See information below concerning discrimination issues.
Q: What are my rights if I am, or become, disabled?
A: Under federal law, a “disability” is a physical or mental impairment that substantially limits one or more major life activities such as walking, breathing, seeing, or learning. Under state law, less serious conditions qualify as disabilities. Conditions such as alcoholism, HIV status, and past drug addiction may qualify as disabilities.
If you are disabled, employers generally must reasonably accommodate your disability by, for example, changing your work environment, providing equipment that can help you perform your job, or providing a different work schedule. However, if an accommodation would place an undue burden on the employer, they do not need to make that accommodation. If you can perform your job, but need some accommodation for your disability, you must ask your employer for a reasonable accommodation. If your employer is not aware of your disability, or if you have not requested an accommodation, it is much harder to prove disability discrimination.
Q: What rights must my employer give me to practice my religion?
A: Employers must provide reasonable accommodations to accommodate religious beliefs unless it would cause undue hardship. An example of such an accommodation is allowing an employee to not work on the Sabbath or any holy day.
Q: Can an employer discriminate against me because of my criminal history?
A: In New York, most employers are not allowed to ask job applicants about arrests if those arrests did not result in convictions. In addition, most employers may not refuse to hire someone, or discriminate against someone, because of their criminal history unless the past conviction is directly related to the job applied for. For example, an employer might consider whether an applicant to be a taxi driver was previously convicted of driving while intoxicated, but probably may not consider if the applicant was once convicted of tax evasion. However, if you lie about your criminal record, your employer can use that as a reason not to hire you.
Q: If I complain about discrimination, am I protected from retaliation?
A: Yes. You have the right to complain about discrimination. Even if the employer believes that your complaint lacks merit, it is against the law for an employer to take negative action against you because you complained.
Q: Can my employer require me to speak only English on the job?
A: It depends. An employer can usually only prohibit employees from speaking other languages if the employer can show that the rule is necessary to the business. Your employer must advise you when you can speak only English (for example, whenever customers are present) and the consequences of breaking the rule.
Q: What can I do if I believe that I have been discriminated against?
A: If you believe that your employer has discriminated against you, you can file a charge with the U.S. Equal Employment Opportunity Commission, the New York City Commission on Human Rights, or the New York State Division of Human Rights. For more information contact:
U.S. Equal Employment Opportunity Commission
33 Whitehall Street
New York, NY 10004
(212) 336-3620
New York City Commission on Human Rights
40 Rector St., 10th Fl.
New York, NY 10006
(212) 306-7450
New York State Division of Human Rights
20 Exchange Pl.
New York, NY 10005
(212) 480-2522
We recommend consulting with an attorney or NYLAG’s Justice at Work Project prior to deciding whether and where to file. Also, be sure to file any complaint soon after you believe you have been discriminated against. To complain to the Equal Employment Opportunity Commission, you must complain with 180 days, or else you may not be able to win on your claim of discrimination.
Disclaimer: This website provides general information about employment rights. While this website may be helpful in educating you about your employment rights, individuals should always seek the advice of a licensed attorney. Only an attorney can give you legal advice about your specific issue |
