LSCNY's Disability Advocacy Project (DAP)LSCNY's Disability Advocacy Project (DAP)
Generally, we accept cases only at the administrative hearing level (after the application has been denied initially, and on reconsideration).
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 $602.00 or $666.00, 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., 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.
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 twelve county DAP community(Broome, Cayuga, Chenango, Cortland, 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.
This page was last updated March 8, 2005.
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