Income Maintenance
Michelle
Michelle is a member of the Confederated Tribes of the Umatilla Indian Reservation and was working on a road crew in eastern Oregon. Her employer refused to provide drinking water in the blistering heat, and Michelle became ill. She took just one day off and returned to work the next day, even though she still wasn’t feeling well. Still, her employer punished her for being sick and assigned her to an undesirable job in a remote location. Eventually, Michelle was pushed out altogether.
Michelle sought help from legal aid because she wanted to make sure her former employer didn’t keep treating their employees so poorly. She wanted to hold them accountable.Michelle knew where to find help because the legal aid office in her small town is well-known and well-integrated into the fabric of the community. Michelle tells us that the staff “do everything they can. Even if I just have a question I can at least get an answer, get a direction. They have always been there.” They helped her mother settle a consumer rights dispute years ago, and she knew she could turn to them for help.
Ultimately, legal aid represented Michelle in a case against her former employer. They negotiated a settlement to help Michelle, and dissuade the company from continuing their poor employment practices. If Michelle hadn’t contacted legal aid, she doesn’t think there would have been any consequences for the employer at all, and they would have kept mistreating their employees.
Michelle says that “legal aid is a wonderful resource for those who don’t otherwise have the means to get help.”
Loretta
Loretta is a grandmother in her 70’s who depends on social security income and a modest spousal support payment. Her monthly support was not a large sum, but with her low-income, it was the difference between being able to pay her property taxes and losing her home.
When her ex-husband decided to stop paying Loretta’s court-ordered support, Loretta started down a long list of names to call. She sought legal advice anywhere she could get it --in quick, free, consultations; from court clerks; from lawyers who couldn’t take her case; and eventually, from legal aid. As Loretta describes it, finding legal aid was a whirlwind solution to her problem: “The next thing I knew [legal aid] had gotten me a volunteer attorney who was willing to take my case for free. It was a miracle.”
Once her volunteer attorney got in touch with Loretta, they were able to get right to work filing the necessary paperwork, attempting to negotiate a solution, and, eventually, garnishing her ex-husband’s bank account. Ultimately, Loretta received almost all of the back payments she was owed. Her pro bono lawyer promised she would continue to handle the case to find a permanent solution, and they are now seeking a long-term income garnishment.
Without the help of legal aid, Loretta tells us that she would probably still be in front of her computer, looking for legal help, and downloading the wrong documents. “I was at the end of my rope. I am used to living in poverty, but I couldn’t live on this.” The support legal aid and her pro bono lawyer were able to give Loretta allowed her to afford her medical treatments and maintain her housing, and that is a huge relief.
Natalia
Natalia was facing garnishment of her low-wage income. She had been furloughed due to COVID, and unemployment benefits covered her basic living expenses. Due to a miscommunication between her employer and the Oregon employment department, OED misclassified her furlough as voluntary leave. They decided she wasn’t qualified for the benefits she had received – and wanted her to pay them back.
Natalia was stuck in a bureaucratic nightmare: she never got notice of the OED’s decision, and didn’t know her time to appeal was slipping away. The first she heard from the OED was a letter telling her that her time to appeal had passed. When she got in touch with the OED office, she was given bad information and the wrong forms. Even when her employer intervened to correct the record, the OED wouldn’t change their position-they considered it final, even though it was clearly a mistake. Compounding the difficulties, all communications came to her in English, despite her request for translated documents.
The OED was unmovable--they denied her request for a hearing and they denied her request for a repayment waiver. Natalia had been trying for a year to correct the record on her own but wasn’t getting anywhere. When Natalia finally found legal aid, she was astounded at how quickly they were able to resolve the issue – “by reaching out to the right people, [my legal aid attorney] was able to get everything solved very quickly. She had the experience and knowledge to resolve all of this.” Her lawyer represented her at three hearings that ended with the judge siding with Natalia—she was entitled to the benefits she received, she didn’t need to repay anything, and the delay in asking for a review of the decision wasn’t her fault. A legal aid lawyer was able to resolve in a few months what Natalia had been struggling with for more than a year.
Lonnie
Lonnie is a 56-year-old grandmother from Roseburg. When COVID-19 hit, she was furloughed and needed unemployment benefits to keep food on the table and a roof over her head. Lonnie’s situation was confusing, however, and she spent hours on hold with an overwhelmed employment department. When she got through, she was relieved to hear she qualified for benefits.
By taking a lower-paying position as soon as it became available, Lonnie was able to get off unemployment quickly. Unfortunately, the employment department was reviewing her past claim, and was reconsidering their earlier advice. Lonnie got a call while she was on break at her new job, and spoke with an agent who demanded details she couldn’t produce on the spot. Over Christmas break, Lonnie learned that her past benefits had been reevaluated and she had to repay almost $10,000. She felt sick and cried for two days. She needed a lawyer, but didn’t think she could afford one until she found legal aid.
Without legal aid, Lonnie was overwhelmed, and felt like she was being ignored. When Lonnie’s legal aid lawyer stepped in, it became clear that Lonnie was entitled to her unemployment benefits, even if she didn’t know how to make the legal arguments on her own. In the end, the employment department dramatically reduced its repayment demand to only $378, a modest sum Lonnie was able to repay. Lonnie says that “just having the support from legal aid, it lessened the stress.”
Dean
Dean, a veteran, was working hard to turn his life around. An important step was to have his driver’s license reinstated, which would help him to obtain a job, housing, and the ability to contribute to his community. He came to Medford’s Center for NonProfit Legal Services looking for help in locating and negotiating with the multiple jurisdictions where he had outstanding fines, fees, and other court actions. His legal aid lawyer discovered that Dean had multiple traffic citations and related court actions, spanning nearly 30 years, in different jurisdictions across the country.
Legal aid worked with clerks, judges, agency administrators, and staff throughout the jurisdictions involved and helped Dean negotiate settlements with out-of-state courts and other state agencies to reduce or make payment arrangements for his outstanding fines, fees, and assessments. Where necessary, they helped to locate local legal counsel or assisted him to “appear” in the courts. With the help of legal aid, and a great deal of patience and persistence, Dean was able to get his Oregon driver’s license reinstated.
When Dean first applied for legal aid services, he was a resident in a VA treatment program. Once he successfully completed treatment, he moved into the veterans’ homeless/housing program. Today, Dean has his own residence with a garden! He attends the local community college and is looking forward to obtaining the proper education and credentials needed to become a peer counselor to other veterans who want to turn their lives around. Debra Lee, Executive Director at the Center, said: “Dean drives a vintage van, sings in the choir, grows an amazing garden, and inspires us all with his tenacity and good humor. We know his story will also inspire us to continue to do this work, and those he will help in the future.”
Tracy
Tracy is a Bend grandmother whose driver’s license had been suspended for many years due to unpaid traffic fines. By the time she got in touch with legal aid, the fines and interest owing to several different Oregon courts totaled more than $15,000. The Oregon Law Center (OLC) helped Tracy work out agreements for payment plans, community service, and, in some cases, partial waiver of her debt. One court — the city of Phoenix Municipal Court — had closed a few years prior, and the city was only accepting payment in full in order to clear license suspensions. OLC worked out an agreement with the city of Phoenix to forgive Tracy’s debt and to also create a process for hundreds of Oregonians in the same situation to resolve their outstanding judgments and license suspensions through the Jackson County Justice Court. With legal aid’s help, about 30% of Tracy’s debt was forgiven, she has worked off 20% through community service by making baby quilts for the Ronald McDonald House, and she is paying the balance through $80 monthly payments. Although her limited income makes it difficult for her to set aside this much each month, her adult children are helping and she expects to get her license reinstated very soon. Tracy is grateful for everything that legal aid has done for her.
Jeremy
Jeremy is a 38-year-oldveteran of the Air Force who was discharged under “Don’t Ask, Don’t Tell.” Jeremy doesn’t have much family support, and after his discharge he was angry and adrift. He enrolled in school but, struggling with anxiety and depression, he dropped out and was homeless for a while. He got several speeding tickets during this time and couldn’t afford the citations. The court had offered him payment plans, but he was overwhelmed and unable to afford the monthly payments. The DMV suspended his driver’s license for nonpayment. After several years, Jeremy was approved for Social Security Disability Income. Once his life stabilized, he began to repay his debt. He owed thousands of dollars to the courts and started making $50 per month payments. Eventually, he was able to pay off two of his tickets, but he was still struggling and went to the local legal aid office for help. They filed motions in two courts on his behalf, reducing his debt to a manageable amount and restoring his license. During this time, the U.S. Treasury started taking $89 per month out of Jeremy’s Social Security check to repay his $60,000 defaulted federal student loan debt. Through sustained advocacy, legal aid was able to get them to stop the garnishment, refund the amounts garnished, and permanently discharge all of his loan debt under the Total and Permanent Disability discharge program.
When asked what his experience with legal aid was like, Jeremy said, “It was amazing! This was one of those situations where you hope it works out but don’t expect it to. Legal aid helped turn my life around. I wish there were more legal aid lawyers because we have such an underserved population of people who need their help!”
Debbie
Debbie has a permanent lifetime disability from cancer surgery that requires constant care and unique medical supplies. Contractors working for Medicare routinely denied coverage of Debbie’s supplies, despite the fact that her disability is life threatening and the supplies are medically necessary. Debbie attempted to navigate the Medicare appeals system alone, but faced such stress and resistance that her health quickly deteriorated. Legal aid stepped in and began to represent Debbie through the appeals process. An Administrative Law Judge found in favor of Debbie, and the contractor was ordered to reimburse her for out-of-pocket expenses and supplies that she was denied. “Words cannot express the feeling of despair when one needs legal aid and cannot afford it. I truly believe that if I were in a position to hire any attorney that I wanted, I could not find a better choice than [my legal aid lawyers].”
Ilena
Ilena was in over her head with debts that she could not pay. She set up payment plans with some creditors, but the amounts she could pay would never settle the bills. Bill collectors were often mean and relentless in their efforts to collect, even though she explained that she was disabled and supporting both herself and her son solely with her disability payments. Last winter, she realized that she needed to pay for heat and decided to defer her car payment. When she called the dealership, the man on the phone informed her that he would take her car from her—and he did, that very night. Ilena struggled for several more months before she got the courage to call legal aid. She met with a pro bono attorney who helped her file for bankruptcy. Ilena said a weight has been lifted from her shoulders, and she can now support herself and her son with her disability check.
Poppy
Noelle’s daughter Poppy was born with Apert’s Syndrome, a rare and complex condition that caused her fingers to be fused together. For Poppy to have full use of her hands, she needed very specialized reconstructive surgery. Noelle connected with a surgeon in Boston who specializes in this type of surgery and who was confident that he could give Poppy ten working fingers. But Noelle’s health plan provider denied the request to use this specialist, citing the cost, and insisted that Noelle use a local surgeon. None of the experienced hand surgeons in Oregon felt confident that they could give Poppy ten fingers. The cycle of requests, denials, and appeals for Poppy’s essential surgery went on for three years, despite the Boston specialist waiving his fees to make the surgery less expensive. Noelle desperately wanted Poppy to have ten working fingers before she began kindergarten, and time was running out. Luckily, Noelle found legal aid, and they began working on the next appeal together. Having an attorney step in to ask questions, request documents, and review processes made all the difference. Just before the appeal hearing, the health plan changed course and gave full permission for the surgery on the East Coast. Now Poppy is thriving with ten fully functional fingers, just in time to start school. To celebrate the one-year anniversary of the surgery, Noelle and Poppy threw a “birthday party” for Poppy’s hands and invited their legal aid lawyer to join the celebration.
Allen & Penny
Allen and his wife Penny are both 63, with four grown daughters. After working for a large company for almost 20 years, Allen was suddenly “downsized.” He received unemployment benefits while he looked for a job, but after more than a year of searching, it became clear that they would soon be living off of Social Security. Since that wouldn’t be enough to pay the mortgage, he decided to cash out his pension and pay off the balance on their home. He reported the pension distribution to the state. Then they got some bad news: the Employment Department said he’d have to pay back all the unemployment benefits. Worse, Penny had just been diagnosed with an aggressive form of cancer. That’s when Allen called legal aid. Legal aid successfully challenged the case on the basis that Allen was a dislocated worker and this is an exception to retirement distributions. Today, the mortgage is paid off, and Penny is in remission. Allen said “We are just very thankful that legal aid existed, so we could get help in an area that we had no expertise in. [Representing myself] would have been like trying to cure myself of cancer without the help of physicians and surgeons.”
Julie & Kevin
Julie and Kevin are hardworking parents of four. Their youngest, twin boys, were both born with serious heart problems. Even with two working parents, the family lives on the edge of poverty because of medical costs. Fortunately, they receive help from the Oregon Health Plan (OHP). Things started to unravel when the hospital billed Julie, instead of OHP, for an expensive procedure. Julie contacted the hospital many times to explain that the bill should go to OHP, but the hospital ignored her, and then called a collection agency. Frustrated and unable to get results on her own, Julie finally turned to legal aid. Once legal aid got involved, the hospital called off the collection agency, protecting the family from extreme financial hardship.
Celine
Nine-year-old Celine was dropped off for a weekend with her grandmother, Victoria. On Sunday, Celine’s mom did not return for her. As the weeks stretched into months, Victoria realized that Celine’s mom wasn’t coming back. Celine had no legal guardian to sign important papers, including consent to medical care. When Victoria went to enroll Celine in school, she was turned away. The school put Victoria in touch with legal aid. Legal aid helped Victoria go through the process of trying to find Celine’s parents. They put notices in papers and sent letters to old addresses, but they got no response. Legal aid then prepared a “relative caregiver affidavit” naming Victoria Celine’s legal guardian, a process made possible by a new Oregon law. With the guardianship approved, Celine is able to get medical care and is enrolled in school — thanks to legal aid.
Flora
A single mom working three jobs, Flora spoke only Spanish and could not read or write. She had always wanted to own her own business and earn enough to send her sons to college. A national janitorial company representative told Flora, through an interpreter, about the opportunity to buy a franchise — she would receive accounts that would generate $3000 per month within six months. Flora relied on the representative’s word and signed the contract, putting some money down and financing the remaining franchise fee with them. More than a year later, Flora was earning less than $700 per month. The company was also deducting “royalties and management fees” and the cost of her cleaning supplies. Flora turned to legal aid in frustration. Legal aid knew that this corporation and others have been sued in other states for classifying janitorial employees as independent business owners. They were able to settle Flora’s case, with the company terminating her franchise agreement and forgiving her outstanding obligations.
Grace
86-year-old Grace and her husband Clifford shared a happy marriage for many years. Grace worked part-time when Clifford retired, but throughout their lives he handled all of their finances. Clifford died suddenly of a heart attack, and when Grace and her daughter began to sort through everything, they were shocked to learn that her husband had secretly spent most everything they earned and gone into significant debt in last years of his life. (Grace and her daughter now believe that Clifford may have been in the early stages of dementia before he died.) Debt collectors began to call and threatened garnishments, small claims court, and public embarrassment. With no savings and a tiny monthly social security check, Grace felt helpless and ashamed. When a lawsuit was filed against her in small claims court, she had no idea how to move forward. Luckily, she found a community advocate who helped her set up a meeting with a legal aid lawyer. Legal aid helped Grace write a letter to explain that she had no assets and no extra income beyond her social security retirement. Grace credits legal aid with helping her put to rest her greatest fears - being put in jail for her husband's debts or being publicly embarrassed. Of course, Grace still has to unravel and work through all the problems created by her husband's spending. But legal aid made a huge difference in her ability to face the problems and find a path forward.
Erin
Erin had a good job and a home. When insurance didn’t cover all of the cost of repairs following a massive leak in her home, Erin put a portion of the bill on her credit card as a temporary fix. Then, in 2008, she was suddenly laid off from her job of 9 years. While Erin looked for work, her fiancé helped her pay off her debts and purchased an older home where the two of them would live once married. Erin spent time using her professional talents and by taking charge of the renovations, saving money. Then, two months before the wedding, Erin’s fiancé called off the relationship and took back the ring. He then filed suit against her, claiming that she owed a large sum of money to him in unpaid loans. Shocked and intimidated, and concerned that this would force her into bankruptcy and negatively impact her in her profession, Erin went to legal aid. She was paired with a pro bono lawyer who guided her through mediation and depositions. Erin’s former fiancé eventually withdrew his claims. Today, Erin has a great job and is back on her feet. Erin is relieved that she is safe and stable and that she can move on with her life. She showed her gratitude with a donation to legal aid in honor of the pro-bono lawyer who helped her.
George
George walked into legal aid with a stack of wrinkled papers, including one saying he had been denied benefits for long-term care assistance. He was confused and clearly unwell, having just become homeless and losing access to medical care despite multiple hospitalizations over the last year for diabetes, tremors, and cognitive limitations. It was clear that if he didn’t get help quickly, he would die on the street. His lawyer learned that his level of need had been mistakenly assessed as low priority, and she requested an administrative hearing, causing an immediate reassessment. George now lives in a rented room with access to long-term caretaking services. Legal aid’s help was life-saving and life-changing.
Stephanie
When Stephanie and her three children left an abusive home, the Department of Human Services provided childcare so Stephanie could work. Stephanie had just settled into a steady job, making a just over minimum wage, when DHS began garnishing her paycheck, saying her unemployed husband should have been providing childcare. In fact, he was under a “no contact” order and could not have provided childcare during that time. Stephanie could not afford both food and rent with the garnishment, so she began working 12 hour shifts that kept her away from her children. Legal aid attorneys helped Stephanie stop the garnishment. Now Stephanie can maintain the delicate economic balance that keeps her family in a stable and safe home.
Charlie
Charlie is 45 years old and disabled. He struggles to make ends meet, and finally found a job delivering newspapers. After he started work, the employer kept lowering the promised rate of pay, and within two weeks he could see the pay wouldn’t even cover his gas money. He quit and asked the employer for his paycheck-—by his calculation, just $175. The employer refused to pay at all and made threats when Charlie protested. Charlie really needed that $175, so he called legal aid. Legal aid discovered that the employer had committed multiple violations of wage and hour laws, and that Charlie was owed far more than $175. A legal aid lawyer got a judgment that fairly compensated Charlie for his work. Afterwards, Charlie said “I feel like I got justice. I wouldn’t have known where to start. I needed help and [legal aid] helped.”
John
John is an 85-year-old World War II veteran who served with distinction. Orphaned at birth in rural Wyoming, John was raised by foster families and joined the military at 16. After military service and a lifetime of work, John applied for Social Security retirement benefits in 1993. His application was denied because he could not produce a birth certificate. John thought he was out of luck until he called legal aid. Legal aid lawyers helped him get benefits. He is now able to pay for rent, food and medical care.
Jennifer
Jennifer is a cancer survivor with three grown children. She was was diagnosed at Stage IV, the most advanced, and got coverage through the Oregon Health Plan (OHP). Today, she has been in remission for four years and has been able to return to work part time, but she must see her doctors every six months. One day, she got a bill from the medical center for a procedure that was done almost two years ago. Jennifer works as much as she can, but still barely keeps food on the table, and she couldn’t afford the bill. When she told them that, they told her she couldn’t see her doctors anymore. They also called a collection agency, and the collection agency sued her. So she called legal aid. Her legal aid lawyer knew that the medical center couldn’t bill her directly, much less after two years had passed, and they had to let her see her doctor—the center agreed to that when they took her as an OHP patient. Once legal aid got involved, the collection agency backed down, and Jennifer was allowed to see her doctor.
Lawrence
Seven years ago Lawrence had a heart attack. At the time he was working nearly full time as a clerk in a grocery store, but he was not offered enough hours to qualify for his employer’s health insurance plan. The heart attack caught Lawrence off guard. He had been having some health issues for a while, but didn’t have the money to go to the doctor. His heart attack required a hospitalization and an expensive regimen of pharmaceuticals and follow-up doctor appointments. Lawrence also had to reduce his hours at work while he recuperated. The medical bills started to pile up. He did his best to pay them, and set up payment plans. The debt was more than he could handle on his limited income though, and soon the bills were sent to collection agencies. Lawrence was incredibly stressed out about making the payments, and the stress was starting to affect his already fragile health. A friend told Lawrence about the Debtor-Creditor Section Legal Aid Bankruptcy Clinic, and he made an appointment to attend. Lawrence was connected with a pro bono attorney who filed a Chapter 7 bankruptcy for him. When his medical debt was discharged, it was as if a huge weight had been lifted off of his shoulders – and his chest. Lawrence said, “my attorney truly saved my life. By helping me with my bankruptcy she has given me a fresh start. I can finally sleep through the night without worrying about how to pay my bills.”
Ellen
Ellen was fired after reporting discrimination in the workplace. As a single mother of two, she was concerned about making ends meet. When she was denied unemployment benefits, she turned to legal aid for help. After a long hearing and testimony from a number of witnesses, Ellen won her appeal. With her unemployment benefits she was able to pay her rent. She now has part time employment. Ellen told the Campaign, “I am really appreciative. Without the help I wasn’t going to win. I was very nervous and didn’t know what to say.”
Lynnette
Lynette is a 44 year old busy single mom of a 17 year old daughter. When she had difficulty breathing and started to have chest pains, she went to the hospital and was admitted to the intensive care unit. Lynette thought that the Oregon Health Plan would take care of the bill. She was surprised when the hospital and later a collections agency said that she owed them for some of the treatments she received in the hospital. Lynette’s income covered her rent, utilities and groceries, with almost nothing left over. It would have been impossible to pay the hospital bill and stay current on other bills. She called legal aid, and the attorney worked things out with the hospital. Lynette said, “Legal aid was a godsend to me and I’m not sure what I would have done if they hadn’t been there to help.
Zach
Zach is five and has a severe gastrointestinal disorder. He has had eight surgeries so far. “Natalie,” Zach’s mom, worked almost full time while also taking Zach to day-long treatments each week. Social Security benefits helped offset some of the costs. When Zach turned three, he celebrated a milestone—he could take food orally. That’s when Social Security terminated his benefits, despite his doctors’ protests that he was still seriously ill. Natalie tried to hire a lawyer to navigate the complicated bureaucracy, but she couldn’t pay for a lawyer and fees were not available. Legal aid stepped in and benefits were reinstated. Between work, benefits, scrimping, and saving, Natalie was able to relocate closer to a facility with more treatment options, giving Zach a better chance at an active life.
Amy
Amy, a mother of five, was 28 and apparently healthy when she suddenly collapsed. She woke up in the hospital to learn a tumor in her spine had ruptured one of her spinal bones. Amy lost her job and her savings in her seven-year battle with cancer, and when she went into remission, she still had intense pain in her damaged bones. Then Oregon Health Plan (OHP) mistakenly stopped covering her pain medication, leaving her as ill as she was during chemotherapy. Amy turned to legal aid, and legal aid worked with OHP to restore coverage. Amy said “If [legal aid] hadn’t stepped in, I would still be in horrendous amounts of pain, unable to function.”
Lila
Lila, a domestic violence survivor, paid a notario she found in the yellow pages to help her file for divorce and for custody of her young daughter Sara. In Mexico, notario is a title used by someone who has a professional degree, often a lawyer. Months went by without any news from the notario. Lila asked for a copy of her paperwork. He said she could not have it unless she paid an additional fee. A friend referred Lila to legal aid. A legal aid lawyer filed her divorce and custody case and successfully sued the notario under consumer protection laws.
Douglas
Douglas called legal aid and explained that he was not able to meet with a lawyer in person because he is severely disabled and cannot easily leave his home. He is 70 years old and lives in a group home with other disabled seniors. Doug applied for SSI benefits and was denied because the agency said that he had too many assets that disqualified him. It turned out that, when Doug’s father died, he left Doug an interest in the family home. After talking with Doug, it became clear that his sister had taken control of the property and that Doug would never be able to live there, nor would the property have any value to him. Legal aid wrote a letter to the Social Security Administration explaining the situation, which eliminated the confusion for the agency. Doug now is receiving the benefits he needs to continue living semi-independently in his group home.
Michael
Bend legal aid helped Michael and his family when they lost everything in Hurricane Katrina. Trying to start over in Central Oregon, Michael was penalized by the IRS for unpaid taxes. Legal aid helped him amend his tax return to fully describe the family’s hurricane losses. Instead of penalties, the family received a refund. They are now thriving in Oregon.