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Advocating on behalf of
Foster Care Kids
Foster Care No More
Robert was a 16 year old who had been placed in foster care in Kentucky
and subsequently placed with his aunt. Robert’s mother was in jail in
Tallahassee. His aunt was evicted from their home and left for New York
without telling Robert or leaving him a forwarding address. Robert
finally made his way to Tallahassee and began living with an adult
brother. There had been an extradition order filed to have him returned
to Kentucky. Robert was working with his brother and being paid “under
the table,” but could not get any benefits or enroll in school. LSNF
accepted Robert’s case and assisted in getting the Kentucky extradition
order stopped and helping his brother obtain temporary custody. LSNF was
also able to obtain Medicaid for Robert and get him started in a Leon
County high school.
Jamal Takes Control
of His Life
Jamal had been abandoned
by both of his parents and was sheltered by the Department of Children
and Families (DCF) at the age of 17. He suffered from a lot of anger and
alcohol abuse which prevented many DCF placement attempts. Even though
Jamal had been in the system since he was 10 years old, he was still
only being sheltered at 17. Finally, DCF wanted to place him in a lock
down psychiatric facility because there were no other placements
available and his behavior continued to be a problem. LSNF accepted the
case and was successful in getting him placed into a voluntary drug and
alcohol placement facility that included a strong behavioral component.
Jamal agreed to participate favorably in this placement and has been
working on his independent living skills while drying out and improving
upon his anger management.
Billie Transitions
Out
Billie was a 17 year old
foster child who had been in foster care for the previous 3 years. After
turning 17 she was convicted of a delinquency and sent to a residential
commitment program for 6 months. LSNF accepted the case a week before
she turned 18. The Department of Children and Families (DCF) planned to
terminate its jurisdiction over her on her 18th birthday which would
have left her totally stranded and unsupported in terms of essential
public benefits she was receiving once she was released from her
program. She would have ended up homeless. When LSNF got the case we
went to court and demanded that DCF apply for independent living
services for her and we convinced the court to retain jurisdiction for
another year to make sure that when she got out of the program in three
months, she would be eligible for housing assistance and a college
scholarship.
Rene's Life a Living
Nightmare
At age 14, Rene’s life was a living nightmare. She had been sexually
abused by her mother’s boyfriend for the last seven years of her life.
She was arrested on a petit theft charge and for selling marijuana which
her mother allegedly made her sell. While on probation she ran away
several times in an effort to escape her home life. When she ran away
for the last time she violated her probation and the delinquency court
ordered her to a level 6 commitment program. Rene was “sheltered” the
day after the disposition order by Department of Children and Families (DCF)
because of allegations of abuse and threats from her mother.
Furthermore, her mother went to delinquency court and told the court
that Rene could be placed with her uncle. The judge ordered it. As it
turned out this man was not Rene’s uncle, but was actually the man that
ended up impregnating her. When LSNF got the case, a motion to have the
delinquency order set aside was filed due to the original court not
having knowledge of Rene’s home environment or any abuse investigation.
LSNF eventually prevailed in court by convincing the judge that rather
than being a threat to society, society harmed Rene by not rescuing her
from her horrible situation. The court rescinded the previous judge’s
ruling, put Rene on probation and immediately ordered counseling and
other therapeutic services for her. Rene is currently placed with a very
supportive foster family and is doing well.
Lisa Becomes
Independent
Lisa is an 18 year old in
an independent living program (a program for foster care children who
are transitioning out of foster care). She and her brother were homeless
and living on the streets of India before being adopted at the age of 4.
Around the age of 15 she started having behavioral problems and her
adopted family abandoned her. Lisa ended up in foster care and
subsequently received delinquency charges, thus sending her to a public
commitment program. While in the commitment program she turned 18 and
the Department of Children and Families tried closing her case. LSNF had
to fight to have Lisa accepted into an independent living program and
for the court to keep her case open. When she was released from foster
care she was petrified. She did not know the first thing about living
independently. LSNF assisted Lisa in getting her into an apartment and
into school. While she is still scared to ride a bus by herself and to
open her apartment door to anyone, she is successfully making progress
and following through with the program.
Supporting Children in
Trouble
Dealing with Mental
Illness
Jeannie was a 15 year old
girl who had been in Department of Juvenile Justice (DJJ) commitment
programs for years. She could not complete the programs because of her
mental illness and was languishing without getting effective mental
health treatment. LSNF accepted Jeannie’s case and was able to get the
child approved for a placement in a residential mental health facility
and to get the Department of Juvenile Justice to release the child from
their care into the facility. She is now closer to her family, on the
medication she needs and is doing very well. Since this experience, DJJ
offices throughout the state have been calling LSNF trying to find out
how to get other mentally ill children out of commitment and into more
appropriate settings.
Helping Build Families
Mary Gets to Stay
with Grandma
LSNF started representing
Mary at the age of 15. She and her family had witnessed a drug murder in
Washington D.C. Mary’s mother was severely bi-polar. Also, Mary had been
in foster care for some time and had collected numerous delinquency
charges. She was blamed for ruining several foster placements and the
Department of Children and Families (DCF) was ready to send her to a
girl’s home in south Florida. Mary desperately wanted to live with her
grandmother. DCF would not approve the placement because the grandmother
had a prior heroin arrest on her record. Mary began to stabilize in
school and received counseling while visiting her grandmother at least
three times a week. It was the opinion of her counselor that if she was
sent to south Florida she would become involved in drugs and any
progress made from counseling would be lost. LSNF immediately filed an
emergency motion to have her placed with her grandmother. After three
long and drawn out hearings, she was placed with her grandmother on a
temporary basis. LSNF was also able to assist the grandmother in
initiating contact with several social service agencies for much needed
support. In one instance a volunteer donated a car to the family so that
the grandmother could get Mary to her appointments. Mary was able to
spend the rest of her youth with her grandmother who loved her dearly.
After Mary turned 18, she moved back up to Washington D.C. and currently
attends Howard University. Her goal is to open her own media company.
Saving Homeowners from
Foreclosure
Selma's Story
Selma was nearing
retirement and lost her job with the state because she became disabled,
dropping her and her husband’s income sharply. They were unable to keep
up the house payments on their home and a lot and mobile home they
rented out for additional income. They soon faced foreclosure on both
properties with no foreseeable options. LSNF filed a Chapter 13
bankruptcy to stop both foreclosure actions. The Chapter 13 action was
later dismissed after Selma and her husband arranged to sell their home,
use the equity to catch up payments on the mobile home and move into the
mobile home that had a much lower monthly payment. Later, we were able
to negotiate with the City of Tallahassee to waive over $19,000 in fines
accumulated from the couple’s inability to maintain their property.
Buying Time
Ms.Kate’s son moved from
her home after residing with her for 30 years. She was disabled and
unable to work. At this time, she was in a Chapter 13 bankruptcy and had
no funds to make her mortgage or trustee payment. When she came to LSNF,
a motion to abate six mortgage payments was filed and granted. Then LSNF
had to fight a motion to lift the stay. The lender was convinced to wait
until Ms Kate got relatives to catch up her mortgage and save her home.
With this accomplished, Ms. Kate’s daughter soon moved into the home.
With a little help from LSNF and her daughter, Ms. Kate can now afford
her mortgage payment and bankruptcy plan.
Keeping the Homeless
Sheltered
The Robinsons Loose
their Home
The Robinsons lost their Tallahassee home through foreclosure because of
John’s job loss and Laura’s illness. Although unable to save their home,
LSNF successfully objected to the lender’s attempt to claim a 15%
default rate on their mortgage, 7% above the amount established by state
law. As a result, money was left over after the foreclosure sale and the
Robinsons were able to rent an apartment, contributing to John’s efforts
to obtain a new job.
Protecting Homebuyers
from Scrupulous Sellers
Buyers Beware
A local land broker was in the practice of soliciting low income people
to purchase real property. When they entered into contracts for sale and
purchase, they did not understand that the seller had attached an
addendum to the contracts stating that for the first few months they
would be leasing and if they were late on any of the initial payments
the “sale” became a lease. Several individuals had been paying on their
land for years when the seller decided to evict them after another late
payment. With LSNF’s help these people were able to save their homes and
ensure their ownership.
Keeping Families
Together
In the Nik of Time
Sherri filed for Chapter 13 bankruptcy to save her mobile home. When she
came to LSNF she did not disclose she had been evicted from her mobile
home lot. LSNF was notified at 9:00 a.m. one morning that Sherri and her
four children would be removed from their home by the sheriff later that
day. LSNF contacted the lender, and convinced them to allow the family
to remain on the lot and that LSNF would place the back rent due in a
Chapter 13 plan. The lender agreed and the sheriff withdrew the writ of
possession twenty minutes before removing Sherri and her four children
from their home along with all their belongings.
Protecting Car Buyers
from Scrupulous Dealers
Anna's New Car
Anna purchased a vehicle, brought the car home, and showed it to all her
friends and relatives, only to get a call a month later from the dealer
saying the financing did not go through. Anna was instructed to return
the car or return to the dealership to sign a new contract at a much
higher interest rate and with a larger down payment. With LSNF’s help
Anna was able to keep her car (and transportation that is vital for
maintaining her employment) with the original terms of the contract.
LSNF has helped many clients in similar situations.
Defending Citizens from
the IRS
Billy's Identity is
Stolen
Billy was disabled,
diagnosed with brain tumors and surviving off of Social Security
Disability. He came to LSNF when he received a Notice of Deficiency from
the Internal Revenue Service for a five year tax period. Although he was
not required to file tax returns, someone obtained his social security
number and filed self-employment returns claiming a special fuel credit.
This unknown person received the multi-thousand dollar credit and the
IRS wanted it returned by our client. LSNF filed a petition in the U.S.
tax court alleging the identity theft and worked with the appeals
division to prove our client was not responsible. This case ended in a
stipulation that Billy was not responsible for any deficiencies for any
of the tax years. Billy’s fear of the IRS taking away from him what
little he owned was soon substituted for gratitude for LSNF and the IRS
for being able to resolve this unfortunate situation.
Protecting Domestic
Violence Victims with Injunctive Relief
Hope for Sara
Twelve years of relentless
physical and emotional abuse at the hands of a violent husband was all
Sara and her three children could handle. Sara contacted LSNF to obtain
a permanent injunction against him. The husband hired a prominent family
law attorney in an attempt to thwart any claims Sara would allege
against him and to draw out any legal proceedings. At the hearing for
the temporary injunction the associate of the husband’s attorney
appeared and sought a continuance. LSNF objected and further argued the
need for child support to be ordered. While the judge granted a
continuance on the injunction, she also ordered $500 per week in
temporary child support – the amount Sara desired. Shortly thereafter
LSNF obtained the permanent injunction against Sara’s husband. Sara
credits LSNF with obtaining her release from an abusive relationship and
the financial support necessary to begin a new life with her children.
Helping Domestic
Violence Victims get a New Start
More than Law School
to Worry About
Joan was juggling law school, a young child, and an abusive spouse when
she contacted LSNF. She suffered enormous emotional abuse and sporadic
physical violence throughout her five year marriage to her husband.
Despite experiencing debilitating damage to her self-esteem through
years of emotional abuse, she was on the verge of graduating from law
school with exceptional grades and ready to start a new life, free from
violence. LSNF helped Joan obtain her divorce, replete with primary
residential responsibility for her daughter and permission to relocate
outside of Tallahassee to start a new job at a big law firm. Her husband
was ordered to pay child support and return some prized belongings he
attempted sell. Joan is aware she will have to deal with her former
husband for many years to come because of their young child, but finally
feels free from violence, emotional abuse and control. Her self-esteem
has blossomed along with her new career as an attorney.
Ms. Jone's New Lease
on Life
Ms. Jones was married for
three years to a man whose frequent verbal abuse escalated one day to
severe physical violence. Her husband threw her to the ground, pulled
her head back and placed his hands around her neck causing her to fear
for her life. Ms. Jones sought emergency medical treatment and Mr. Jones
was arrested for domestic battery.
Even though Ms. Jones was completely dependent upon her husband for
financial support, she made the decision to free herself from this
abusive and very dangerous marriage. She came to LSNF where she received
representation in a domestic violence injunction hearing. Through that
proceeding she received a protective order requiring her husband to stay
away from her, and temporary alimony to assist her in living without her
husband. LSNF continued their representation of Ms. Jones through a
dissolution of marriage proceeding wherein Mr. Jones was ordered to
compensate Ms. Jones for her medical bills caused by his violence. In
addition, Ms. Jones received representation from LSNF for a name change.
That record was sealed to prevent her husband from discovering her new
identity. Ms. Jones has moved from the area, is now employed, and doing
very well on her own.
Advocating on Behalf of
Homeless Children
School District
Fixes Error
Ricky, LaShaundra,
Jeannette, and John were each children separated from their families
living in homes of friends and relatives. After attempts by caretakers
to enroll the children in school failed, calls to LSNF registering this
concern were made and action taken. LSNF decided to file suit in federal
court on behalf of Ricky, LaShaundra, Jeannette, and John who were being
denied entrance to school because their caretakers did not have legal
custody. Immediately prior to filing the suit, a letter was sent to the
school district’s legal counsel, citing the district’s non-compliance
with federal and state law in its policies and procedures and demanding
the students be allowed entrance. Leon County School District complied
and the school board subsequently adopted changes to custody, residency
and documentation requirements for homeless children. Ricky, LaShaundra,
Jeannette, and John were allowed to attend school and begin a life of
normalcy.
Advocating for Special
Needs Assistance
Phillip gets Turned
Around
Phillip was a 16 year old
repeatedly getting in trouble at school. He was having severe behavioral
problems and came from a very tragic home environment. Eventually, the
Department of Children and Families (DCF) was involved. LSNF accepted
Phillip’s case and was immediately able to get him some needed mental
health services and a safe, supportive living environment. LSNF was
finally able to get him placed into a specialized behavioral school.
Ever since LSNF’s intervention Phillip has excelled in that school and
in 2005 he was completely transitioned back into public schools where he
is in his target grade, playing football and in the ROTC program.
Joshua gets Expelled
Joshua was an 11 year old
with a history of fighting at school. He had several mental health
diagnoses and was on psychotropic medications, yet his school had never
evaluated him for Exceptional Student Education (ESE) services. Joshua’s
latest fight at school earned him an assault and battery charge and the
school attempted to expel him. LSNF accepted Joshua’s case and was
successful in stopping the expulsion pending a complete ESE evaluation.
He was found to be disabled and placed in an appropriate setting for his
disability with additional behavioral services. He is now doing very
well in school and no more fighting has been reported.
Supporting Hurricane
Victims
The Smith's get
Evicted
Mr. and Mrs. Smith fell into hard times when both of the businesses they
worked for went out of business after Hurricane Ivan struck the Florida
panhandle. As a result of being out of work, the Smiths made an oral
agreement with their landlord to clear debris, rebuild approximately 30
yards of damaged privacy fence, and make other minor repairs to their
damaged rental property in exchange for credit against their rent.
Unfortunately, when presented with the bill and credit owed, the
property manager stepped in denying such an agreement ever existed,
demanding payment of full rent, and filing an eviction action on the
landlord’s behalf. The Smiths came to LSNF after they were well into
their court proceedings. However, with LSNF’s assistance, the Smiths
were credited for the work they performed and were able to remain in
their home.
Advocating for Single
Mothers and Families
Stop that Landlord
Two young single mothers
were given notices to vacate their apartment for non-payment of rent
after they complained to the landlord about defective wiring, holes in
the walls, insect infestation, and defective plumbing, and refused to
pay the rent until the repairs were made. Their utility bill jumped over
$200.00 after it was discovered the furnace was not working properly.
Their written lease had two months to run and they had been looking for
another apartment but could not afford to move out on short notice and
raise funds for another deposit. LSNF filed an answer and affirmative
defense that the rent for the past two months should not be paid because
the apartment had health hazards, and the tenants had notified the
landlord of the problems. The manager promised to make repairs and
started to do so after the answer was filed. However, the landlord
decided to continue the eviction proceeding. LSNF represented both
tenants in the court proceeding and the Judge ruled the tenants could
not be evicted and should be allowed to stay until their lease ended. As
long as the landlord finished the repairs, the tenants were ordered to
pay their rent, but did not owe the rent for the month they refused to
pay.
Advocating for the Sick
and Disabled
State of Denial
While Mr. Jones continued receiving denial letters for Social Security
Disability claims, his health steadily worsened. Like so many, his
condition was dismissed as “severe, but not severe enough” to qualify
for disability benefits. In spite of an increasing number of
hospitalizations he continued to be denied. Medicaid coverage was also
denied because he had not been ruled disabled. At age 47 he had to be
moved to a convalescent home in Jackson County. His speech was
incoherent. He was severely incontinent and developed symptoms of
dementia. He was placed on kidney dialysis after suffering a near fatal
kidney failure episode. While on dialysis Mr. Jones had three fingers
removed due to his diabetic condition. After Mr. Jones’s wife contacted
LSNF, staff immediately sought to appeal Mr. Jones’s disability claim.
LSNF’s request for a favorable decision based on Mr. Jones’s record was
rejected, but an expedited hearing was approved. Miraculously, a judge
ruled in favor of Mr. Jones’s claim prior to the hearing making Mr.
Jones’s wife the recipient of his benefits, including a $30,000
retroactive award and nearly $600 per month. Mr. Jones continues on
dialysis while awaiting a kidney donor.
Winning Appeals for the
Disabled
Phyllis Wins Appeal
Phyllis was a middle-aged,
hardworking housewife with an aggressive case of terminal breast cancer.
Her husband (a former client who was awarded SSI benefits with the help
of LSNF) was also disabled. Because of the breast cancer Phyllis
attempted to obtain social security disability benefits, but because her
earnings record was insufficient she was unable to qualify for SSDI. She
was forced to file a claim for SSI, which provides reduced cash
benefits. In short order she was denied because the Social Security
Administration did not consider her condition severe enough to meet its
claim standards. Phyllis called on LSNF to appeal the initial denial.
Her case was sent for Reconsideration where it languished at the offices
of the Division of Disability Determinations for months on end. LSNF’s
relentless determination finally won Phyllis an award of $603 per month
and a lump sum retroactive benefit of over $9,000. Phyllis credits LSNF
with helping her get the resources she will need to put the final days
of her life in order for her and her husband.
Persisting in the
Courts
Ms. Jenkins get her
Due
Late in 2001, an abused and terrified Barbara Jenkins (fictitious name)
was shot in the face by her husband at point-blank range. The blast from
the bullet tore her face nearly completely apart. While barely surviving
the savage attack, doctors performed near-miraculous surgery, grafting
bone and tissue from other parts of her body, molding new dental
implants, and re-hinging her jaws back so that she could, haltingly,
articulate intelligible speech and begin to chew semi-solid food. After
a slow start, she learned to talk again. Over time, she brought herself
back from the depths of shock and despair and began to set some goals
beyond simple survival.
Meanwhile, Ms. Jenkins had children to support and a mortgage to pay. In
2002, LSNF helped her obtain a divorce and filed a claim for disability
assistance. While dental and facial reconstruction continued, her home
and possessions were nearly completely lost in a fire and she was
diagnosed with breast cancer. This was followed by a mastectomy as well
as chemotherapy and physical therapy. At this same time her home became
subject to foreclosure proceedings. LSNF filed for federal bankruptcy
protection to save her home. In 2005, her emotional dam broke and she
spent a brief period in a local behavioral facility.
Finally in April 2006, four years after she began the appeal process to
obtain disability assistance, Administrative Law Judge Edward J. Banas
granted Ms. Jenkins a Fully Favorable decision, ruling Ms. Jenkins’
disability benefits begin the month that she was shot back in 2001. Ms.
Jenkins is currently living independently with her children in their
home in Tallahassee.
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