Who is eligible for representation through the DAP Project?

Beginning January 1, 2004, civil legal services for the poor was restructured in Central New York. Legal Services of Central New York (LSCNY), the Legal Aid Society of Mid-New York (LASMNY), and Legal Aid for Broome and Chenango (LABAC) joined together to form two separate organizations: LSCNY and LASMNY. Under this re-organization LSCNY does not accept funding from the federal Legal Services Corporation (LSC) and LASMNY accepts all LSC funds for the thirteen county service area. Within this reorganization, LABAC discontinued operations with its staff transferring to either LSCNY or LASMNY.

LSCNY, as the prime contractor for the DAP project, and LASMNY, as the sub-contractor, play separate and distinct, but coordinated roles in client representation under the DAP project. All direct representation under the project is provided by a LASMNY attorney or paralegal supervised by an attorney. LASMNY advocates represent clients from its local offices at the administrative hearing and Appeals Council levels. LSCNY provides representation at the district court level for these same clients should that level of review be necessary and appropriate. In addition LSCNY works on systemic advocacy and serves as a mentor and resource for LASMNY advocates and the thirteen county DAP community(Broome, Cayuga, Chenango, Cortland, Delaware, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Otsego).

Residents of the twelve county DAP service area who are in receipt of public assistance benefits and who have been denied SSI benefits by the Social Security Administration are eligible for representation through the Project. Cases are accepted only when clients have been denied SSI and have requested a hearing before an administrative law judge. Appointments are scheduled as openings in the program occur.

What is the Disability Advocacy Project?(DAP)

The DAP project is a program funded by the New York State Office of Temporary and Disability Assistance to provide legal representation to public assistance recipients who have applied for, and been denied, Supplemental Security Income (SSI) benefits by the Social Security Administration. To be eligible for SSI benefits, it must be established that these applicants are "totally and permanently disabled." A "total" disability is one which precludes an individual from engaging in "substantial gainful activity," which generally means the ability to earn more than $980.00 per month (2009) (non-blind) (increasing each year). A "permanent" disability is one which has lasted, or is expected to last, for a period of at least 12 months, or, alternatively, result in death.

Generally, LSCNY accepts cases only at the Federal Court appeal level on referral by LASMNY. LASMNY generally accepts cases at the administrative hearing level (after the application has been denied initially, and on reconsideration).

Why does the New York State Office of Temporary and Disability Assistance Fund the Project?

In addition to the humanitarian reasons for the funding of this program, there are powerful economic incentives for the funding of this program. When an individual receives Home Relief in New York State, the cost of the individual's public assistance grant, intended for shelter, utilities, clothing, cleaning supplies, laundry, personal needs, food not covered by Food Stamps (typically $350.00 to $400.00 per month) are paid for on a 50-50 basis between the State of New York and the County in which they reside. In addition, the State and the County also split the cost of the individual's medical care, provided under Medicaid, 50-50.

If that same individual is determined eligible for SSI, the amount of his assistance would increase to either $761.00 or $697.00/$472.34 (2009) (increases yearly), depending upon his living arrangements. All but a small amount of these moneys (state supplement) is paid out of federal funds reserved for disabled individuals. The Home Relief benefits the individual had been receiving are, of course, terminated prospectively, and both the state and local governments are reimbursed for the Home Relief benefits they paid for the individual while the SSI application was pending.

In addition, the costs of the individual's Medicaid expenses are re-allocated, with the federal government paying 50% of the costs, and the State and county 25% each. In other words the State and county's expenditures for medical care are cut in half. The State and county also receive reimbursement for the period of time covered by the SSI application.

The savings in public assistance and Medicaid realized by the State and counties each year under the DAP program, typically returns to them over $3.00 for every $1.00 spent on the DAP program. Since the need for DAP representation regularly outstrips the ability of funds provided under the program to meet the need, some counties (e.g., Chenango, Cortland, Onondaga and Oneida)have chosen to supplement the State funds allocated for representation in their counties.

From a more humanitarian perspective, funding the program helps disabled individuals obtain benefits they are entitled to by law, thereby increasing their standard of living and enhancing their quality of life, while recognizing that disabled individuals frequently incur higher costs in meeting their most basic needs than non-disabled individuals do. A single individual living alone who has been receiving Home Relief benefits typically realizes a 60% increase in monthly income if they are found eligible for SSI benefits.

How do I apply for representation through the Project?

Contact the LSCNY/LASMNY office which serves your county of residence. Appointments are scheduled well in advance, so contact the office as soon as you know you will need a hearing. Please also recognize that we do not have adequate funding to represent all clients who seek our assistance on these issues.