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Exemption/Bank Accounts: Articles

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OTDA Changes Protect Exempt Benefits

The Office of Temporary and Disability Assistance (OTDA) has altered its Property Execution (PEX) system to prevent the seizure of bank accounts when the respondent is a recipient of Title II or Title XIV benefits. Read More

Holocaust or Nazi Victim Reparations -- Effect on Medicaid, SSI and other Federally Funded and New York State Benefits

Under a 1994 law, (h.r. 1873 or public law 103-286), Holocaust compensation payments made to individuals based on their status as victims of Nazi persecution are excluded from being counted as income and resources in determining both eligibility for and the amount of benefits to be provided under any Federally funded program based on financial need. This means payments made to victims of Nazi persecution do not increase the countable income, and therefore do not increase the Medicaid "spend-down" of Holocaust survivors and other Nazi victims. Savings accumulated from reparations are not counted as resources. The same exemption applies to Supplemental Security Income, Food Stamps and Federally subsidized Housing programs. Read More

SSA Wrongfully Denies Refugees

Advocates from the Syracuse region report that at least several SSI claims representatives misunderstand SSI refugee eligibility. The ins and outs of the rules are admittedly convoluted. Read More

Appeals Council Awards SSI to Asylee

Anne Callagy, an attorney with the Bronx office of the Legal Aid Society, convinced the Appeals Council to restore benefits to a claimant whose SSI had been terminated due to his immigration status. Read More

Protecting Funds from Illegal Seizure

Alarmed by the number of calls coming in dealing with the improper seizure of bank accounts containing funds which are exempt from seizure under federal law, including Social Security, disability benefits, pensions, child support and other essential income, Empire Justice staff began looking at the issue more closely. Read More

SSI Refugees Lose Benefits

The temporary relief provided to refugees whose seven year time limit for SSI (Supplemental Security Income) eligibility was just that – temporary. Advocates will recall previous articles outlining the “SSI Extension for Elderly and Disabled Refugees Act” (“Extension Act,” Public Law 110-328) signed into law on September 30, 2008, by then President Bush. Read More

How the Puerto Rican Birth Certificate Law Affects DSS Administered Programs

Over a quarter million of New York State’s residents are feeling the impact of a change in the law enacted by the Puerto Rican legislature. Law 191 of 2009 invalidates all Puerto Rican birth certificates issued before July 1, 2010. Read More

Update on Puerto Rican Birth Certificates

As we told you in the March 2010 Disability Law News, Puerto Rico is issuing new birth certificates as of July 1, 2010. Read More

Iraqi and Afghan Citizens Entitled to Special Refugee Status

Effective December 19, 2009, the five year bar for food stamps, TANF, SSI and federal Medicaid eligibility no longer applies to Iraqi and Afghan citizens who entered the U.S. with Special Immigrant Visas rather than as refugees or asylees. Read More

New Birth Certificate Policy Affects Puerto Ricans

There are some major changes coming for identity measures if a person was born in Puerto Rico. Puerto Rican birth certificates will become void as of July 1, 2010 - part of a new law designed to reduce identity theft and passport fraud. Read More