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Access to Justice

Jul 08, 2008 03:15PM - 9 comments

Lots of people know that a person charged with a crime has a constitutional right to an attorney.  Criminal defendants who cannot pay are represented by public defenders, legal aid societies and court appointed counsel.  

Fewer people are aware that the federal government funds no-cost legal representation for qualifying individuals in certain civil matters.  By no-cost, I mean the client is NEVER charged any fees whatsoever; no hourly fees, no contingency fees (i.e., % of any amount recovered), no filing fees or court costs.

Lyndon Johnson’s “War on Poverty” initiatives gave rise to legislation that included funding for civil legal services.  Legal services attorneys represent clients in disputes that affect basic human rights.   These programs include representation in areas such as:

  Housing.  Landlord-tenant disputes, evictions and matters related to public housing/Section 8 benefits are covered under homelessness prevention initiatives.

  Domestic violence, child custody/visitation.  Disputes involving family court orders of protection and appropriate    custody and visitation arrangements and other problems arising from violence against women are funded under family violence prevention programs.

  Child advocacy.  Legal services lawyers represent parents seeking proper educational services for special needs children.

  Elder law.

  Government benefits.  Representation is available to appeal denials of various benefits (SSI, SSDI, AFDC, etc.)

There’s help available. Many gifted attorneys either volunteer their time or work for modest salaries to provide access to justice.


Comments
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by Deb_c430, Jul 08, 2008 03:41PM
This is great information!

Hope all those struggling with SSDI, SSi  read this!

by child24angel, Jul 08, 2008 04:14PM
Thanks for posting that jd....

I just got three more stacks of paperwork to go through again !!
from SSDI....from the appeal I sent in last week for Nick.

I was so mad I opened it threw it on the floor and stepped on it, it now has
my heal print on it. !! LOL

I'm thinking may-be I'm wrong ,this is a lot to go through and I was told they make
it hard...well THEY DO !!! When Nick gets his new liver....still waiting...it will be a little
bit before he can go back to work, and he  will still have to treat the HCV again.
So .....He may not be disabled right? I mean he is now...but hopefully at some point
he won't be...what is your opinion JD? Deb? should I bother with all this ****?
Thank you
Hugs
Elaine

by jdwithhcv, Jul 08, 2008 04:36PM
Elaine,

I'd go for it.  Call legal services, get someone to represent Nick on the appeal.  As you say, he is disabled now and will still have to treat for HCV post-transplant.  We all hope he'll get back on his feet soon but until that day comes he should be eligible for benefits.

Good thoughts always coming your way!

jd

by child24angel, Jul 08, 2008 04:47PM
Thank you JD...sometimes I just don't know what to do anymore
with all this gosh darn paperwork. !!!
I'm sure you know what I mean..It is a nightmare !!

Hugs
Elaine

by rita863, Jul 08, 2008 05:09PM
Elaine,

Do it, its your right and Nick's right to be given what he is due!!!  i know the paperwork must be so overwhelming that it makes you want to through your hands in the air, but then they win!!!

I know your a fighter so fight for this,  if you want help, I will anything i can to help you.

I did all this for Billy when he was diag. with HIV.

hugs to you


Peace
rita

by Deb_c430, Jul 08, 2008 05:23PM
Def worth it,   a pain yes but worth it.   Nick DOES deserve it!   They make it hard because they are the govt, they want you to give up, and THEY love red tape.  

Hugs

Deb

by jdwithhcv, Jul 08, 2008 06:34PM
The beauty of going to legal services is knowing that the feds are paying your lawyer to appeal their decision.  Makes no sense but that's what really happens!!!

by IAmTheWalrus, Jul 08, 2008 08:43PM
When the government gives you a break, take it!

by child24angel, Jul 09, 2008 07:28AM
JD/all

I faxed the forms for the doctor's portion to Nicks transplant team and
I will complete the rest of this paperwork.  They want it back within ten days
from the 7th.  
Thank you all for your sound advice.  
Hugs
Elaine


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