Legal Services for Veterans
52
Putting it all Together: Enhanced Partnerships to Serve Those who Serve 2 Legal Services for Veterans Link to Audio
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Transcript of Legal Services for Veterans
Putting it all Together Enhanced Partnerships to Serve Those who Serve 2
Legal Services for Veterans
Link to Audio
Slides amp handouts are in the
chat section
Recording Handouts amp Slides will be sent via
Submit questions in the question
box or any time at
ssvfvagov
This session will last 90
minutes
Putting it all Together Enhanced Partnerships to Serve Those who Serve 3
Pre
sen
ters
Phil Allen TA Associate TAC SSVF
Madolyn Gingell LCSW Legal Services for Veterans
Nicole McCoy Quality Assurance ManagerThe Veterans Multi-Service Center
Putting it all Together Enhanced Partnerships to Serve Those who Serve 4
Ag
end
a1 Welcome and Introductions
2 Veteran Legal Service Needs
3 SSVF Legal Services and Community Spotlight
4 VA legal ServicesMLP
5 New Funding Opportunity
Putting it all Together Enhanced Partnerships to Serve Those who Serve 5
Putting it all Together Enhanced Partnerships to Serve Those who Serve 6
To ensure we are centering equity and centering considerations of marginalized and oppressed diverse populations consider the following terms for appropriate use of language
Person with Disabling Condition(s)A person who has been diagnosed with a physical or mental disability
GenderGender Identity is how a person chooses to identify their gender
BILPOC An acronym used to encapsulate all persons who are Indigenious Latinaox Native Hawaiian Pacific Islander and other People of Color
AAPIAn acronym used to encapsulate persons who are Asian American andor Pacific Islander
LGBTQ2S+ An acronym used to encapsulate persons who are Lesbian Gay Bisexual Transgender QueerQuestioning Two Spirit The ldquo+rdquo sign captures identities beyond LGBTQ eg pansexual asexual and nonbinary identities
Please also consider the following prior to the use of termsBe person centered Lead with persons first or Veterans first languageBe aware of the nuances of a term and whether its use is appropriate or accurateRespect how people would like to be identified Never assume Always Ask
Keeping Equity Terms amp Considerations Centered
Veteransrsquo Need for Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 7
Veterans Legal Services Needs
Veterans Justice Program ndash VA Medical Legal Partnerships (MLP)
bull Over 60 of legal clinic providers said they did not have capacity to serve all or most
Veterans seeking legal services Of clinics without capacity lack of funding (49) was the
most common reason
bull Housing Problems and Rights ndash the number one reported legal service addressed by VA-
housed legal clinics
Taylor Emeline N Timko Christine Clark Sean Eilhardt Lara Blue-Howells Jessica Stimmel Matthew amp Finlay Andrea K ldquoUS Department of Veterans Affairs Legal Clinic Partnerships How They Operate and Whom They Serverdquo Veterans Justice Programs Report December 2019
Putting it all Together Enhanced Partnerships to Serve Those who Serve 8
Veterans Legal Services Needs
In the 2021 CHALENG survey 7 of the top 10 unmet needs reported by homeless Veterans are legal issues
VA Community Homelessness Assessment Local Education and Networking Groups (CHALENG) participant survey2021 Legal assistance for
outstanding warrants and fines
Legal assistance to prevent eviction and foreclosure
Legal assistance to help restore a driverrsquos license
Legal assistance for child support issues
Legal assistance with expungement
Discharge upgrade and appeal
Family Law (divorce and custody)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 9
Legal Services Need for Evictions
The top 10 cited legal needs disproportionately impact Women and Black Brown Indigenous Asian Native Americans Pacific Islanders Latinx populations
Legal assistance to prevent eviction and foreclosure
Black renters experienced the highest average rates of eviction filing (62) and eviction judgement (34)
One sample across 1195 US counties saw 341756 women evicted annually 16 more than the 294908 evicted menEviction Lab ldquoRacial and Gender Disparities
among Evicted Americansrdquo 2012-2016 data published Dec 2020httpsevictionlaborgdemographics-of-eviction
The average Latinaox renter experienced a serial eviction filing at a rate of 131
Putting it all Together Enhanced Partnerships to Serve Those who Serve10
SSVF Legal Services Survey
In October 2020 SSVF conducted an internal Legal Services Survey of SSVF Grantees
Only 26 (65) Grantees reported providing direct legal services via contract or in-house counsel
Per grantee report a major reason for not providing direct legal services was lack of SSVF grant funds
Putting it all Together Enhanced Partnerships to Serve Those who Serve 11
SSVF Legal Services Survey Common Needs
The survey also identified other common issues faced by homeless or at-risk Veterans which disproportionately impact Black Brown Indigenous Asian Native Americans Pacific Islanders Latin(a)(o)(x) and Female Veterans
Eviction (threatened or pending)
Child support issues
Assistance in obtaining SSI SSDI and VA benefits andor assistance with claims for those benefits
Landlordtenant issues (includes protecting tenant rights addressing housing code violations protecting security deposits and providing lease reviews)
Outstanding warrants andor court fees
Putting it all Together Enhanced Partnerships to Serve Those who Serve 12
Poll
For the SSVF Grantees on the line how many of you are now providing legal
services either through a contracted legal service team or your in-house counsel
Putting it all Together Enhanced Partnerships to Serve Those who Serve 13
SSVF Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 14
SSVF Legal Services
In previous years grantees were strongly encouraged to provide legal services to assist participants with issues that interfere with participantsrsquo ability to obtain or retain permanent housing or supportive services (38 CFR Part 6233)
Direct legal services are now requiredwith the use of the allocated ARPA funds
Legal Services is included as an eligible supportive service for SSVF
The grantee must document the legal service being provided and the link between the legal issue and housing stability
Putting it all Together Enhanced Partnerships to Serve Those who Serve 15
SSVF Legal Service Approaches
Contracted Legal Servicesbull Contract with legal services provider
chosen by Grantee (ie VA housed Legal ClinicMedical Legal Partnership Legal Aid private firmAttorney etc)
bull Need MOUbull Legal services provider is a
subcontractorbull Fee for Service or Flat Fee per Veteranbull Ensure legal services provider has the
capacity to meet Veteran needs in your community
bull May contract with more than one to cover catchment area or to meet variety of needs
bull A sample contract has been provided
In-House Counselbull In-house counsel is an
employee of the SSVF granteebull In-house counsel could be full
or part-timebull Could perform legal
assessment at different points of Veteran engagement
bull Provide SSVF eligible legal services
bull No need to refer Veterans outside the organization
ANDOR
Putting it all Together Enhanced Partnerships to Serve Those who Serve 16
Eligible SSVF Legal Services Needs
Examples of common issues faced by homeless or at-risk Veterans that SSVF can assist with include
Debt collection (includes pursuing debt forgiveness and processing personal bankruptcies)
Driverrsquos license reinstatement issues
Criminal records expungement
Address credit and debt-based denials of entry into housing or for public services and resources
Discharge upgrade (if Veteran already enrolled in SSVF and the upgrade is directly connected to the Housing Stability Plan)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 17
Eligible SSVF Legal Services
Allowable SSVF Legal Services Costs
Staff TrainingEducation
Income assistance paid under General Housing Stability Assistance including
Court filing fees (eg fees associated with filing a written response to the landlordrsquos complaint)
Ad hoc fees associated with the provision of supportive services including legal representation (eg fees associated with driverrsquos license reinstatement)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 18
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Slides amp handouts are in the
chat section
Recording Handouts amp Slides will be sent via
Submit questions in the question
box or any time at
ssvfvagov
This session will last 90
minutes
Putting it all Together Enhanced Partnerships to Serve Those who Serve 3
Pre
sen
ters
Phil Allen TA Associate TAC SSVF
Madolyn Gingell LCSW Legal Services for Veterans
Nicole McCoy Quality Assurance ManagerThe Veterans Multi-Service Center
Putting it all Together Enhanced Partnerships to Serve Those who Serve 4
Ag
end
a1 Welcome and Introductions
2 Veteran Legal Service Needs
3 SSVF Legal Services and Community Spotlight
4 VA legal ServicesMLP
5 New Funding Opportunity
Putting it all Together Enhanced Partnerships to Serve Those who Serve 5
Putting it all Together Enhanced Partnerships to Serve Those who Serve 6
To ensure we are centering equity and centering considerations of marginalized and oppressed diverse populations consider the following terms for appropriate use of language
Person with Disabling Condition(s)A person who has been diagnosed with a physical or mental disability
GenderGender Identity is how a person chooses to identify their gender
BILPOC An acronym used to encapsulate all persons who are Indigenious Latinaox Native Hawaiian Pacific Islander and other People of Color
AAPIAn acronym used to encapsulate persons who are Asian American andor Pacific Islander
LGBTQ2S+ An acronym used to encapsulate persons who are Lesbian Gay Bisexual Transgender QueerQuestioning Two Spirit The ldquo+rdquo sign captures identities beyond LGBTQ eg pansexual asexual and nonbinary identities
Please also consider the following prior to the use of termsBe person centered Lead with persons first or Veterans first languageBe aware of the nuances of a term and whether its use is appropriate or accurateRespect how people would like to be identified Never assume Always Ask
Keeping Equity Terms amp Considerations Centered
Veteransrsquo Need for Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 7
Veterans Legal Services Needs
Veterans Justice Program ndash VA Medical Legal Partnerships (MLP)
bull Over 60 of legal clinic providers said they did not have capacity to serve all or most
Veterans seeking legal services Of clinics without capacity lack of funding (49) was the
most common reason
bull Housing Problems and Rights ndash the number one reported legal service addressed by VA-
housed legal clinics
Taylor Emeline N Timko Christine Clark Sean Eilhardt Lara Blue-Howells Jessica Stimmel Matthew amp Finlay Andrea K ldquoUS Department of Veterans Affairs Legal Clinic Partnerships How They Operate and Whom They Serverdquo Veterans Justice Programs Report December 2019
Putting it all Together Enhanced Partnerships to Serve Those who Serve 8
Veterans Legal Services Needs
In the 2021 CHALENG survey 7 of the top 10 unmet needs reported by homeless Veterans are legal issues
VA Community Homelessness Assessment Local Education and Networking Groups (CHALENG) participant survey2021 Legal assistance for
outstanding warrants and fines
Legal assistance to prevent eviction and foreclosure
Legal assistance to help restore a driverrsquos license
Legal assistance for child support issues
Legal assistance with expungement
Discharge upgrade and appeal
Family Law (divorce and custody)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 9
Legal Services Need for Evictions
The top 10 cited legal needs disproportionately impact Women and Black Brown Indigenous Asian Native Americans Pacific Islanders Latinx populations
Legal assistance to prevent eviction and foreclosure
Black renters experienced the highest average rates of eviction filing (62) and eviction judgement (34)
One sample across 1195 US counties saw 341756 women evicted annually 16 more than the 294908 evicted menEviction Lab ldquoRacial and Gender Disparities
among Evicted Americansrdquo 2012-2016 data published Dec 2020httpsevictionlaborgdemographics-of-eviction
The average Latinaox renter experienced a serial eviction filing at a rate of 131
Putting it all Together Enhanced Partnerships to Serve Those who Serve10
SSVF Legal Services Survey
In October 2020 SSVF conducted an internal Legal Services Survey of SSVF Grantees
Only 26 (65) Grantees reported providing direct legal services via contract or in-house counsel
Per grantee report a major reason for not providing direct legal services was lack of SSVF grant funds
Putting it all Together Enhanced Partnerships to Serve Those who Serve 11
SSVF Legal Services Survey Common Needs
The survey also identified other common issues faced by homeless or at-risk Veterans which disproportionately impact Black Brown Indigenous Asian Native Americans Pacific Islanders Latin(a)(o)(x) and Female Veterans
Eviction (threatened or pending)
Child support issues
Assistance in obtaining SSI SSDI and VA benefits andor assistance with claims for those benefits
Landlordtenant issues (includes protecting tenant rights addressing housing code violations protecting security deposits and providing lease reviews)
Outstanding warrants andor court fees
Putting it all Together Enhanced Partnerships to Serve Those who Serve 12
Poll
For the SSVF Grantees on the line how many of you are now providing legal
services either through a contracted legal service team or your in-house counsel
Putting it all Together Enhanced Partnerships to Serve Those who Serve 13
SSVF Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 14
SSVF Legal Services
In previous years grantees were strongly encouraged to provide legal services to assist participants with issues that interfere with participantsrsquo ability to obtain or retain permanent housing or supportive services (38 CFR Part 6233)
Direct legal services are now requiredwith the use of the allocated ARPA funds
Legal Services is included as an eligible supportive service for SSVF
The grantee must document the legal service being provided and the link between the legal issue and housing stability
Putting it all Together Enhanced Partnerships to Serve Those who Serve 15
SSVF Legal Service Approaches
Contracted Legal Servicesbull Contract with legal services provider
chosen by Grantee (ie VA housed Legal ClinicMedical Legal Partnership Legal Aid private firmAttorney etc)
bull Need MOUbull Legal services provider is a
subcontractorbull Fee for Service or Flat Fee per Veteranbull Ensure legal services provider has the
capacity to meet Veteran needs in your community
bull May contract with more than one to cover catchment area or to meet variety of needs
bull A sample contract has been provided
In-House Counselbull In-house counsel is an
employee of the SSVF granteebull In-house counsel could be full
or part-timebull Could perform legal
assessment at different points of Veteran engagement
bull Provide SSVF eligible legal services
bull No need to refer Veterans outside the organization
ANDOR
Putting it all Together Enhanced Partnerships to Serve Those who Serve 16
Eligible SSVF Legal Services Needs
Examples of common issues faced by homeless or at-risk Veterans that SSVF can assist with include
Debt collection (includes pursuing debt forgiveness and processing personal bankruptcies)
Driverrsquos license reinstatement issues
Criminal records expungement
Address credit and debt-based denials of entry into housing or for public services and resources
Discharge upgrade (if Veteran already enrolled in SSVF and the upgrade is directly connected to the Housing Stability Plan)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 17
Eligible SSVF Legal Services
Allowable SSVF Legal Services Costs
Staff TrainingEducation
Income assistance paid under General Housing Stability Assistance including
Court filing fees (eg fees associated with filing a written response to the landlordrsquos complaint)
Ad hoc fees associated with the provision of supportive services including legal representation (eg fees associated with driverrsquos license reinstatement)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 18
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Pre
sen
ters
Phil Allen TA Associate TAC SSVF
Madolyn Gingell LCSW Legal Services for Veterans
Nicole McCoy Quality Assurance ManagerThe Veterans Multi-Service Center
Putting it all Together Enhanced Partnerships to Serve Those who Serve 4
Ag
end
a1 Welcome and Introductions
2 Veteran Legal Service Needs
3 SSVF Legal Services and Community Spotlight
4 VA legal ServicesMLP
5 New Funding Opportunity
Putting it all Together Enhanced Partnerships to Serve Those who Serve 5
Putting it all Together Enhanced Partnerships to Serve Those who Serve 6
To ensure we are centering equity and centering considerations of marginalized and oppressed diverse populations consider the following terms for appropriate use of language
Person with Disabling Condition(s)A person who has been diagnosed with a physical or mental disability
GenderGender Identity is how a person chooses to identify their gender
BILPOC An acronym used to encapsulate all persons who are Indigenious Latinaox Native Hawaiian Pacific Islander and other People of Color
AAPIAn acronym used to encapsulate persons who are Asian American andor Pacific Islander
LGBTQ2S+ An acronym used to encapsulate persons who are Lesbian Gay Bisexual Transgender QueerQuestioning Two Spirit The ldquo+rdquo sign captures identities beyond LGBTQ eg pansexual asexual and nonbinary identities
Please also consider the following prior to the use of termsBe person centered Lead with persons first or Veterans first languageBe aware of the nuances of a term and whether its use is appropriate or accurateRespect how people would like to be identified Never assume Always Ask
Keeping Equity Terms amp Considerations Centered
Veteransrsquo Need for Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 7
Veterans Legal Services Needs
Veterans Justice Program ndash VA Medical Legal Partnerships (MLP)
bull Over 60 of legal clinic providers said they did not have capacity to serve all or most
Veterans seeking legal services Of clinics without capacity lack of funding (49) was the
most common reason
bull Housing Problems and Rights ndash the number one reported legal service addressed by VA-
housed legal clinics
Taylor Emeline N Timko Christine Clark Sean Eilhardt Lara Blue-Howells Jessica Stimmel Matthew amp Finlay Andrea K ldquoUS Department of Veterans Affairs Legal Clinic Partnerships How They Operate and Whom They Serverdquo Veterans Justice Programs Report December 2019
Putting it all Together Enhanced Partnerships to Serve Those who Serve 8
Veterans Legal Services Needs
In the 2021 CHALENG survey 7 of the top 10 unmet needs reported by homeless Veterans are legal issues
VA Community Homelessness Assessment Local Education and Networking Groups (CHALENG) participant survey2021 Legal assistance for
outstanding warrants and fines
Legal assistance to prevent eviction and foreclosure
Legal assistance to help restore a driverrsquos license
Legal assistance for child support issues
Legal assistance with expungement
Discharge upgrade and appeal
Family Law (divorce and custody)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 9
Legal Services Need for Evictions
The top 10 cited legal needs disproportionately impact Women and Black Brown Indigenous Asian Native Americans Pacific Islanders Latinx populations
Legal assistance to prevent eviction and foreclosure
Black renters experienced the highest average rates of eviction filing (62) and eviction judgement (34)
One sample across 1195 US counties saw 341756 women evicted annually 16 more than the 294908 evicted menEviction Lab ldquoRacial and Gender Disparities
among Evicted Americansrdquo 2012-2016 data published Dec 2020httpsevictionlaborgdemographics-of-eviction
The average Latinaox renter experienced a serial eviction filing at a rate of 131
Putting it all Together Enhanced Partnerships to Serve Those who Serve10
SSVF Legal Services Survey
In October 2020 SSVF conducted an internal Legal Services Survey of SSVF Grantees
Only 26 (65) Grantees reported providing direct legal services via contract or in-house counsel
Per grantee report a major reason for not providing direct legal services was lack of SSVF grant funds
Putting it all Together Enhanced Partnerships to Serve Those who Serve 11
SSVF Legal Services Survey Common Needs
The survey also identified other common issues faced by homeless or at-risk Veterans which disproportionately impact Black Brown Indigenous Asian Native Americans Pacific Islanders Latin(a)(o)(x) and Female Veterans
Eviction (threatened or pending)
Child support issues
Assistance in obtaining SSI SSDI and VA benefits andor assistance with claims for those benefits
Landlordtenant issues (includes protecting tenant rights addressing housing code violations protecting security deposits and providing lease reviews)
Outstanding warrants andor court fees
Putting it all Together Enhanced Partnerships to Serve Those who Serve 12
Poll
For the SSVF Grantees on the line how many of you are now providing legal
services either through a contracted legal service team or your in-house counsel
Putting it all Together Enhanced Partnerships to Serve Those who Serve 13
SSVF Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 14
SSVF Legal Services
In previous years grantees were strongly encouraged to provide legal services to assist participants with issues that interfere with participantsrsquo ability to obtain or retain permanent housing or supportive services (38 CFR Part 6233)
Direct legal services are now requiredwith the use of the allocated ARPA funds
Legal Services is included as an eligible supportive service for SSVF
The grantee must document the legal service being provided and the link between the legal issue and housing stability
Putting it all Together Enhanced Partnerships to Serve Those who Serve 15
SSVF Legal Service Approaches
Contracted Legal Servicesbull Contract with legal services provider
chosen by Grantee (ie VA housed Legal ClinicMedical Legal Partnership Legal Aid private firmAttorney etc)
bull Need MOUbull Legal services provider is a
subcontractorbull Fee for Service or Flat Fee per Veteranbull Ensure legal services provider has the
capacity to meet Veteran needs in your community
bull May contract with more than one to cover catchment area or to meet variety of needs
bull A sample contract has been provided
In-House Counselbull In-house counsel is an
employee of the SSVF granteebull In-house counsel could be full
or part-timebull Could perform legal
assessment at different points of Veteran engagement
bull Provide SSVF eligible legal services
bull No need to refer Veterans outside the organization
ANDOR
Putting it all Together Enhanced Partnerships to Serve Those who Serve 16
Eligible SSVF Legal Services Needs
Examples of common issues faced by homeless or at-risk Veterans that SSVF can assist with include
Debt collection (includes pursuing debt forgiveness and processing personal bankruptcies)
Driverrsquos license reinstatement issues
Criminal records expungement
Address credit and debt-based denials of entry into housing or for public services and resources
Discharge upgrade (if Veteran already enrolled in SSVF and the upgrade is directly connected to the Housing Stability Plan)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 17
Eligible SSVF Legal Services
Allowable SSVF Legal Services Costs
Staff TrainingEducation
Income assistance paid under General Housing Stability Assistance including
Court filing fees (eg fees associated with filing a written response to the landlordrsquos complaint)
Ad hoc fees associated with the provision of supportive services including legal representation (eg fees associated with driverrsquos license reinstatement)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 18
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Ag
end
a1 Welcome and Introductions
2 Veteran Legal Service Needs
3 SSVF Legal Services and Community Spotlight
4 VA legal ServicesMLP
5 New Funding Opportunity
Putting it all Together Enhanced Partnerships to Serve Those who Serve 5
Putting it all Together Enhanced Partnerships to Serve Those who Serve 6
To ensure we are centering equity and centering considerations of marginalized and oppressed diverse populations consider the following terms for appropriate use of language
Person with Disabling Condition(s)A person who has been diagnosed with a physical or mental disability
GenderGender Identity is how a person chooses to identify their gender
BILPOC An acronym used to encapsulate all persons who are Indigenious Latinaox Native Hawaiian Pacific Islander and other People of Color
AAPIAn acronym used to encapsulate persons who are Asian American andor Pacific Islander
LGBTQ2S+ An acronym used to encapsulate persons who are Lesbian Gay Bisexual Transgender QueerQuestioning Two Spirit The ldquo+rdquo sign captures identities beyond LGBTQ eg pansexual asexual and nonbinary identities
Please also consider the following prior to the use of termsBe person centered Lead with persons first or Veterans first languageBe aware of the nuances of a term and whether its use is appropriate or accurateRespect how people would like to be identified Never assume Always Ask
Keeping Equity Terms amp Considerations Centered
Veteransrsquo Need for Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 7
Veterans Legal Services Needs
Veterans Justice Program ndash VA Medical Legal Partnerships (MLP)
bull Over 60 of legal clinic providers said they did not have capacity to serve all or most
Veterans seeking legal services Of clinics without capacity lack of funding (49) was the
most common reason
bull Housing Problems and Rights ndash the number one reported legal service addressed by VA-
housed legal clinics
Taylor Emeline N Timko Christine Clark Sean Eilhardt Lara Blue-Howells Jessica Stimmel Matthew amp Finlay Andrea K ldquoUS Department of Veterans Affairs Legal Clinic Partnerships How They Operate and Whom They Serverdquo Veterans Justice Programs Report December 2019
Putting it all Together Enhanced Partnerships to Serve Those who Serve 8
Veterans Legal Services Needs
In the 2021 CHALENG survey 7 of the top 10 unmet needs reported by homeless Veterans are legal issues
VA Community Homelessness Assessment Local Education and Networking Groups (CHALENG) participant survey2021 Legal assistance for
outstanding warrants and fines
Legal assistance to prevent eviction and foreclosure
Legal assistance to help restore a driverrsquos license
Legal assistance for child support issues
Legal assistance with expungement
Discharge upgrade and appeal
Family Law (divorce and custody)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 9
Legal Services Need for Evictions
The top 10 cited legal needs disproportionately impact Women and Black Brown Indigenous Asian Native Americans Pacific Islanders Latinx populations
Legal assistance to prevent eviction and foreclosure
Black renters experienced the highest average rates of eviction filing (62) and eviction judgement (34)
One sample across 1195 US counties saw 341756 women evicted annually 16 more than the 294908 evicted menEviction Lab ldquoRacial and Gender Disparities
among Evicted Americansrdquo 2012-2016 data published Dec 2020httpsevictionlaborgdemographics-of-eviction
The average Latinaox renter experienced a serial eviction filing at a rate of 131
Putting it all Together Enhanced Partnerships to Serve Those who Serve10
SSVF Legal Services Survey
In October 2020 SSVF conducted an internal Legal Services Survey of SSVF Grantees
Only 26 (65) Grantees reported providing direct legal services via contract or in-house counsel
Per grantee report a major reason for not providing direct legal services was lack of SSVF grant funds
Putting it all Together Enhanced Partnerships to Serve Those who Serve 11
SSVF Legal Services Survey Common Needs
The survey also identified other common issues faced by homeless or at-risk Veterans which disproportionately impact Black Brown Indigenous Asian Native Americans Pacific Islanders Latin(a)(o)(x) and Female Veterans
Eviction (threatened or pending)
Child support issues
Assistance in obtaining SSI SSDI and VA benefits andor assistance with claims for those benefits
Landlordtenant issues (includes protecting tenant rights addressing housing code violations protecting security deposits and providing lease reviews)
Outstanding warrants andor court fees
Putting it all Together Enhanced Partnerships to Serve Those who Serve 12
Poll
For the SSVF Grantees on the line how many of you are now providing legal
services either through a contracted legal service team or your in-house counsel
Putting it all Together Enhanced Partnerships to Serve Those who Serve 13
SSVF Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 14
SSVF Legal Services
In previous years grantees were strongly encouraged to provide legal services to assist participants with issues that interfere with participantsrsquo ability to obtain or retain permanent housing or supportive services (38 CFR Part 6233)
Direct legal services are now requiredwith the use of the allocated ARPA funds
Legal Services is included as an eligible supportive service for SSVF
The grantee must document the legal service being provided and the link between the legal issue and housing stability
Putting it all Together Enhanced Partnerships to Serve Those who Serve 15
SSVF Legal Service Approaches
Contracted Legal Servicesbull Contract with legal services provider
chosen by Grantee (ie VA housed Legal ClinicMedical Legal Partnership Legal Aid private firmAttorney etc)
bull Need MOUbull Legal services provider is a
subcontractorbull Fee for Service or Flat Fee per Veteranbull Ensure legal services provider has the
capacity to meet Veteran needs in your community
bull May contract with more than one to cover catchment area or to meet variety of needs
bull A sample contract has been provided
In-House Counselbull In-house counsel is an
employee of the SSVF granteebull In-house counsel could be full
or part-timebull Could perform legal
assessment at different points of Veteran engagement
bull Provide SSVF eligible legal services
bull No need to refer Veterans outside the organization
ANDOR
Putting it all Together Enhanced Partnerships to Serve Those who Serve 16
Eligible SSVF Legal Services Needs
Examples of common issues faced by homeless or at-risk Veterans that SSVF can assist with include
Debt collection (includes pursuing debt forgiveness and processing personal bankruptcies)
Driverrsquos license reinstatement issues
Criminal records expungement
Address credit and debt-based denials of entry into housing or for public services and resources
Discharge upgrade (if Veteran already enrolled in SSVF and the upgrade is directly connected to the Housing Stability Plan)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 17
Eligible SSVF Legal Services
Allowable SSVF Legal Services Costs
Staff TrainingEducation
Income assistance paid under General Housing Stability Assistance including
Court filing fees (eg fees associated with filing a written response to the landlordrsquos complaint)
Ad hoc fees associated with the provision of supportive services including legal representation (eg fees associated with driverrsquos license reinstatement)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 18
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Putting it all Together Enhanced Partnerships to Serve Those who Serve 6
To ensure we are centering equity and centering considerations of marginalized and oppressed diverse populations consider the following terms for appropriate use of language
Person with Disabling Condition(s)A person who has been diagnosed with a physical or mental disability
GenderGender Identity is how a person chooses to identify their gender
BILPOC An acronym used to encapsulate all persons who are Indigenious Latinaox Native Hawaiian Pacific Islander and other People of Color
AAPIAn acronym used to encapsulate persons who are Asian American andor Pacific Islander
LGBTQ2S+ An acronym used to encapsulate persons who are Lesbian Gay Bisexual Transgender QueerQuestioning Two Spirit The ldquo+rdquo sign captures identities beyond LGBTQ eg pansexual asexual and nonbinary identities
Please also consider the following prior to the use of termsBe person centered Lead with persons first or Veterans first languageBe aware of the nuances of a term and whether its use is appropriate or accurateRespect how people would like to be identified Never assume Always Ask
Keeping Equity Terms amp Considerations Centered
Veteransrsquo Need for Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 7
Veterans Legal Services Needs
Veterans Justice Program ndash VA Medical Legal Partnerships (MLP)
bull Over 60 of legal clinic providers said they did not have capacity to serve all or most
Veterans seeking legal services Of clinics without capacity lack of funding (49) was the
most common reason
bull Housing Problems and Rights ndash the number one reported legal service addressed by VA-
housed legal clinics
Taylor Emeline N Timko Christine Clark Sean Eilhardt Lara Blue-Howells Jessica Stimmel Matthew amp Finlay Andrea K ldquoUS Department of Veterans Affairs Legal Clinic Partnerships How They Operate and Whom They Serverdquo Veterans Justice Programs Report December 2019
Putting it all Together Enhanced Partnerships to Serve Those who Serve 8
Veterans Legal Services Needs
In the 2021 CHALENG survey 7 of the top 10 unmet needs reported by homeless Veterans are legal issues
VA Community Homelessness Assessment Local Education and Networking Groups (CHALENG) participant survey2021 Legal assistance for
outstanding warrants and fines
Legal assistance to prevent eviction and foreclosure
Legal assistance to help restore a driverrsquos license
Legal assistance for child support issues
Legal assistance with expungement
Discharge upgrade and appeal
Family Law (divorce and custody)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 9
Legal Services Need for Evictions
The top 10 cited legal needs disproportionately impact Women and Black Brown Indigenous Asian Native Americans Pacific Islanders Latinx populations
Legal assistance to prevent eviction and foreclosure
Black renters experienced the highest average rates of eviction filing (62) and eviction judgement (34)
One sample across 1195 US counties saw 341756 women evicted annually 16 more than the 294908 evicted menEviction Lab ldquoRacial and Gender Disparities
among Evicted Americansrdquo 2012-2016 data published Dec 2020httpsevictionlaborgdemographics-of-eviction
The average Latinaox renter experienced a serial eviction filing at a rate of 131
Putting it all Together Enhanced Partnerships to Serve Those who Serve10
SSVF Legal Services Survey
In October 2020 SSVF conducted an internal Legal Services Survey of SSVF Grantees
Only 26 (65) Grantees reported providing direct legal services via contract or in-house counsel
Per grantee report a major reason for not providing direct legal services was lack of SSVF grant funds
Putting it all Together Enhanced Partnerships to Serve Those who Serve 11
SSVF Legal Services Survey Common Needs
The survey also identified other common issues faced by homeless or at-risk Veterans which disproportionately impact Black Brown Indigenous Asian Native Americans Pacific Islanders Latin(a)(o)(x) and Female Veterans
Eviction (threatened or pending)
Child support issues
Assistance in obtaining SSI SSDI and VA benefits andor assistance with claims for those benefits
Landlordtenant issues (includes protecting tenant rights addressing housing code violations protecting security deposits and providing lease reviews)
Outstanding warrants andor court fees
Putting it all Together Enhanced Partnerships to Serve Those who Serve 12
Poll
For the SSVF Grantees on the line how many of you are now providing legal
services either through a contracted legal service team or your in-house counsel
Putting it all Together Enhanced Partnerships to Serve Those who Serve 13
SSVF Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 14
SSVF Legal Services
In previous years grantees were strongly encouraged to provide legal services to assist participants with issues that interfere with participantsrsquo ability to obtain or retain permanent housing or supportive services (38 CFR Part 6233)
Direct legal services are now requiredwith the use of the allocated ARPA funds
Legal Services is included as an eligible supportive service for SSVF
The grantee must document the legal service being provided and the link between the legal issue and housing stability
Putting it all Together Enhanced Partnerships to Serve Those who Serve 15
SSVF Legal Service Approaches
Contracted Legal Servicesbull Contract with legal services provider
chosen by Grantee (ie VA housed Legal ClinicMedical Legal Partnership Legal Aid private firmAttorney etc)
bull Need MOUbull Legal services provider is a
subcontractorbull Fee for Service or Flat Fee per Veteranbull Ensure legal services provider has the
capacity to meet Veteran needs in your community
bull May contract with more than one to cover catchment area or to meet variety of needs
bull A sample contract has been provided
In-House Counselbull In-house counsel is an
employee of the SSVF granteebull In-house counsel could be full
or part-timebull Could perform legal
assessment at different points of Veteran engagement
bull Provide SSVF eligible legal services
bull No need to refer Veterans outside the organization
ANDOR
Putting it all Together Enhanced Partnerships to Serve Those who Serve 16
Eligible SSVF Legal Services Needs
Examples of common issues faced by homeless or at-risk Veterans that SSVF can assist with include
Debt collection (includes pursuing debt forgiveness and processing personal bankruptcies)
Driverrsquos license reinstatement issues
Criminal records expungement
Address credit and debt-based denials of entry into housing or for public services and resources
Discharge upgrade (if Veteran already enrolled in SSVF and the upgrade is directly connected to the Housing Stability Plan)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 17
Eligible SSVF Legal Services
Allowable SSVF Legal Services Costs
Staff TrainingEducation
Income assistance paid under General Housing Stability Assistance including
Court filing fees (eg fees associated with filing a written response to the landlordrsquos complaint)
Ad hoc fees associated with the provision of supportive services including legal representation (eg fees associated with driverrsquos license reinstatement)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 18
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Veteransrsquo Need for Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 7
Veterans Legal Services Needs
Veterans Justice Program ndash VA Medical Legal Partnerships (MLP)
bull Over 60 of legal clinic providers said they did not have capacity to serve all or most
Veterans seeking legal services Of clinics without capacity lack of funding (49) was the
most common reason
bull Housing Problems and Rights ndash the number one reported legal service addressed by VA-
housed legal clinics
Taylor Emeline N Timko Christine Clark Sean Eilhardt Lara Blue-Howells Jessica Stimmel Matthew amp Finlay Andrea K ldquoUS Department of Veterans Affairs Legal Clinic Partnerships How They Operate and Whom They Serverdquo Veterans Justice Programs Report December 2019
Putting it all Together Enhanced Partnerships to Serve Those who Serve 8
Veterans Legal Services Needs
In the 2021 CHALENG survey 7 of the top 10 unmet needs reported by homeless Veterans are legal issues
VA Community Homelessness Assessment Local Education and Networking Groups (CHALENG) participant survey2021 Legal assistance for
outstanding warrants and fines
Legal assistance to prevent eviction and foreclosure
Legal assistance to help restore a driverrsquos license
Legal assistance for child support issues
Legal assistance with expungement
Discharge upgrade and appeal
Family Law (divorce and custody)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 9
Legal Services Need for Evictions
The top 10 cited legal needs disproportionately impact Women and Black Brown Indigenous Asian Native Americans Pacific Islanders Latinx populations
Legal assistance to prevent eviction and foreclosure
Black renters experienced the highest average rates of eviction filing (62) and eviction judgement (34)
One sample across 1195 US counties saw 341756 women evicted annually 16 more than the 294908 evicted menEviction Lab ldquoRacial and Gender Disparities
among Evicted Americansrdquo 2012-2016 data published Dec 2020httpsevictionlaborgdemographics-of-eviction
The average Latinaox renter experienced a serial eviction filing at a rate of 131
Putting it all Together Enhanced Partnerships to Serve Those who Serve10
SSVF Legal Services Survey
In October 2020 SSVF conducted an internal Legal Services Survey of SSVF Grantees
Only 26 (65) Grantees reported providing direct legal services via contract or in-house counsel
Per grantee report a major reason for not providing direct legal services was lack of SSVF grant funds
Putting it all Together Enhanced Partnerships to Serve Those who Serve 11
SSVF Legal Services Survey Common Needs
The survey also identified other common issues faced by homeless or at-risk Veterans which disproportionately impact Black Brown Indigenous Asian Native Americans Pacific Islanders Latin(a)(o)(x) and Female Veterans
Eviction (threatened or pending)
Child support issues
Assistance in obtaining SSI SSDI and VA benefits andor assistance with claims for those benefits
Landlordtenant issues (includes protecting tenant rights addressing housing code violations protecting security deposits and providing lease reviews)
Outstanding warrants andor court fees
Putting it all Together Enhanced Partnerships to Serve Those who Serve 12
Poll
For the SSVF Grantees on the line how many of you are now providing legal
services either through a contracted legal service team or your in-house counsel
Putting it all Together Enhanced Partnerships to Serve Those who Serve 13
SSVF Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 14
SSVF Legal Services
In previous years grantees were strongly encouraged to provide legal services to assist participants with issues that interfere with participantsrsquo ability to obtain or retain permanent housing or supportive services (38 CFR Part 6233)
Direct legal services are now requiredwith the use of the allocated ARPA funds
Legal Services is included as an eligible supportive service for SSVF
The grantee must document the legal service being provided and the link between the legal issue and housing stability
Putting it all Together Enhanced Partnerships to Serve Those who Serve 15
SSVF Legal Service Approaches
Contracted Legal Servicesbull Contract with legal services provider
chosen by Grantee (ie VA housed Legal ClinicMedical Legal Partnership Legal Aid private firmAttorney etc)
bull Need MOUbull Legal services provider is a
subcontractorbull Fee for Service or Flat Fee per Veteranbull Ensure legal services provider has the
capacity to meet Veteran needs in your community
bull May contract with more than one to cover catchment area or to meet variety of needs
bull A sample contract has been provided
In-House Counselbull In-house counsel is an
employee of the SSVF granteebull In-house counsel could be full
or part-timebull Could perform legal
assessment at different points of Veteran engagement
bull Provide SSVF eligible legal services
bull No need to refer Veterans outside the organization
ANDOR
Putting it all Together Enhanced Partnerships to Serve Those who Serve 16
Eligible SSVF Legal Services Needs
Examples of common issues faced by homeless or at-risk Veterans that SSVF can assist with include
Debt collection (includes pursuing debt forgiveness and processing personal bankruptcies)
Driverrsquos license reinstatement issues
Criminal records expungement
Address credit and debt-based denials of entry into housing or for public services and resources
Discharge upgrade (if Veteran already enrolled in SSVF and the upgrade is directly connected to the Housing Stability Plan)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 17
Eligible SSVF Legal Services
Allowable SSVF Legal Services Costs
Staff TrainingEducation
Income assistance paid under General Housing Stability Assistance including
Court filing fees (eg fees associated with filing a written response to the landlordrsquos complaint)
Ad hoc fees associated with the provision of supportive services including legal representation (eg fees associated with driverrsquos license reinstatement)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 18
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Veterans Legal Services Needs
Veterans Justice Program ndash VA Medical Legal Partnerships (MLP)
bull Over 60 of legal clinic providers said they did not have capacity to serve all or most
Veterans seeking legal services Of clinics without capacity lack of funding (49) was the
most common reason
bull Housing Problems and Rights ndash the number one reported legal service addressed by VA-
housed legal clinics
Taylor Emeline N Timko Christine Clark Sean Eilhardt Lara Blue-Howells Jessica Stimmel Matthew amp Finlay Andrea K ldquoUS Department of Veterans Affairs Legal Clinic Partnerships How They Operate and Whom They Serverdquo Veterans Justice Programs Report December 2019
Putting it all Together Enhanced Partnerships to Serve Those who Serve 8
Veterans Legal Services Needs
In the 2021 CHALENG survey 7 of the top 10 unmet needs reported by homeless Veterans are legal issues
VA Community Homelessness Assessment Local Education and Networking Groups (CHALENG) participant survey2021 Legal assistance for
outstanding warrants and fines
Legal assistance to prevent eviction and foreclosure
Legal assistance to help restore a driverrsquos license
Legal assistance for child support issues
Legal assistance with expungement
Discharge upgrade and appeal
Family Law (divorce and custody)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 9
Legal Services Need for Evictions
The top 10 cited legal needs disproportionately impact Women and Black Brown Indigenous Asian Native Americans Pacific Islanders Latinx populations
Legal assistance to prevent eviction and foreclosure
Black renters experienced the highest average rates of eviction filing (62) and eviction judgement (34)
One sample across 1195 US counties saw 341756 women evicted annually 16 more than the 294908 evicted menEviction Lab ldquoRacial and Gender Disparities
among Evicted Americansrdquo 2012-2016 data published Dec 2020httpsevictionlaborgdemographics-of-eviction
The average Latinaox renter experienced a serial eviction filing at a rate of 131
Putting it all Together Enhanced Partnerships to Serve Those who Serve10
SSVF Legal Services Survey
In October 2020 SSVF conducted an internal Legal Services Survey of SSVF Grantees
Only 26 (65) Grantees reported providing direct legal services via contract or in-house counsel
Per grantee report a major reason for not providing direct legal services was lack of SSVF grant funds
Putting it all Together Enhanced Partnerships to Serve Those who Serve 11
SSVF Legal Services Survey Common Needs
The survey also identified other common issues faced by homeless or at-risk Veterans which disproportionately impact Black Brown Indigenous Asian Native Americans Pacific Islanders Latin(a)(o)(x) and Female Veterans
Eviction (threatened or pending)
Child support issues
Assistance in obtaining SSI SSDI and VA benefits andor assistance with claims for those benefits
Landlordtenant issues (includes protecting tenant rights addressing housing code violations protecting security deposits and providing lease reviews)
Outstanding warrants andor court fees
Putting it all Together Enhanced Partnerships to Serve Those who Serve 12
Poll
For the SSVF Grantees on the line how many of you are now providing legal
services either through a contracted legal service team or your in-house counsel
Putting it all Together Enhanced Partnerships to Serve Those who Serve 13
SSVF Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 14
SSVF Legal Services
In previous years grantees were strongly encouraged to provide legal services to assist participants with issues that interfere with participantsrsquo ability to obtain or retain permanent housing or supportive services (38 CFR Part 6233)
Direct legal services are now requiredwith the use of the allocated ARPA funds
Legal Services is included as an eligible supportive service for SSVF
The grantee must document the legal service being provided and the link between the legal issue and housing stability
Putting it all Together Enhanced Partnerships to Serve Those who Serve 15
SSVF Legal Service Approaches
Contracted Legal Servicesbull Contract with legal services provider
chosen by Grantee (ie VA housed Legal ClinicMedical Legal Partnership Legal Aid private firmAttorney etc)
bull Need MOUbull Legal services provider is a
subcontractorbull Fee for Service or Flat Fee per Veteranbull Ensure legal services provider has the
capacity to meet Veteran needs in your community
bull May contract with more than one to cover catchment area or to meet variety of needs
bull A sample contract has been provided
In-House Counselbull In-house counsel is an
employee of the SSVF granteebull In-house counsel could be full
or part-timebull Could perform legal
assessment at different points of Veteran engagement
bull Provide SSVF eligible legal services
bull No need to refer Veterans outside the organization
ANDOR
Putting it all Together Enhanced Partnerships to Serve Those who Serve 16
Eligible SSVF Legal Services Needs
Examples of common issues faced by homeless or at-risk Veterans that SSVF can assist with include
Debt collection (includes pursuing debt forgiveness and processing personal bankruptcies)
Driverrsquos license reinstatement issues
Criminal records expungement
Address credit and debt-based denials of entry into housing or for public services and resources
Discharge upgrade (if Veteran already enrolled in SSVF and the upgrade is directly connected to the Housing Stability Plan)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 17
Eligible SSVF Legal Services
Allowable SSVF Legal Services Costs
Staff TrainingEducation
Income assistance paid under General Housing Stability Assistance including
Court filing fees (eg fees associated with filing a written response to the landlordrsquos complaint)
Ad hoc fees associated with the provision of supportive services including legal representation (eg fees associated with driverrsquos license reinstatement)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 18
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Veterans Legal Services Needs
In the 2021 CHALENG survey 7 of the top 10 unmet needs reported by homeless Veterans are legal issues
VA Community Homelessness Assessment Local Education and Networking Groups (CHALENG) participant survey2021 Legal assistance for
outstanding warrants and fines
Legal assistance to prevent eviction and foreclosure
Legal assistance to help restore a driverrsquos license
Legal assistance for child support issues
Legal assistance with expungement
Discharge upgrade and appeal
Family Law (divorce and custody)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 9
Legal Services Need for Evictions
The top 10 cited legal needs disproportionately impact Women and Black Brown Indigenous Asian Native Americans Pacific Islanders Latinx populations
Legal assistance to prevent eviction and foreclosure
Black renters experienced the highest average rates of eviction filing (62) and eviction judgement (34)
One sample across 1195 US counties saw 341756 women evicted annually 16 more than the 294908 evicted menEviction Lab ldquoRacial and Gender Disparities
among Evicted Americansrdquo 2012-2016 data published Dec 2020httpsevictionlaborgdemographics-of-eviction
The average Latinaox renter experienced a serial eviction filing at a rate of 131
Putting it all Together Enhanced Partnerships to Serve Those who Serve10
SSVF Legal Services Survey
In October 2020 SSVF conducted an internal Legal Services Survey of SSVF Grantees
Only 26 (65) Grantees reported providing direct legal services via contract or in-house counsel
Per grantee report a major reason for not providing direct legal services was lack of SSVF grant funds
Putting it all Together Enhanced Partnerships to Serve Those who Serve 11
SSVF Legal Services Survey Common Needs
The survey also identified other common issues faced by homeless or at-risk Veterans which disproportionately impact Black Brown Indigenous Asian Native Americans Pacific Islanders Latin(a)(o)(x) and Female Veterans
Eviction (threatened or pending)
Child support issues
Assistance in obtaining SSI SSDI and VA benefits andor assistance with claims for those benefits
Landlordtenant issues (includes protecting tenant rights addressing housing code violations protecting security deposits and providing lease reviews)
Outstanding warrants andor court fees
Putting it all Together Enhanced Partnerships to Serve Those who Serve 12
Poll
For the SSVF Grantees on the line how many of you are now providing legal
services either through a contracted legal service team or your in-house counsel
Putting it all Together Enhanced Partnerships to Serve Those who Serve 13
SSVF Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 14
SSVF Legal Services
In previous years grantees were strongly encouraged to provide legal services to assist participants with issues that interfere with participantsrsquo ability to obtain or retain permanent housing or supportive services (38 CFR Part 6233)
Direct legal services are now requiredwith the use of the allocated ARPA funds
Legal Services is included as an eligible supportive service for SSVF
The grantee must document the legal service being provided and the link between the legal issue and housing stability
Putting it all Together Enhanced Partnerships to Serve Those who Serve 15
SSVF Legal Service Approaches
Contracted Legal Servicesbull Contract with legal services provider
chosen by Grantee (ie VA housed Legal ClinicMedical Legal Partnership Legal Aid private firmAttorney etc)
bull Need MOUbull Legal services provider is a
subcontractorbull Fee for Service or Flat Fee per Veteranbull Ensure legal services provider has the
capacity to meet Veteran needs in your community
bull May contract with more than one to cover catchment area or to meet variety of needs
bull A sample contract has been provided
In-House Counselbull In-house counsel is an
employee of the SSVF granteebull In-house counsel could be full
or part-timebull Could perform legal
assessment at different points of Veteran engagement
bull Provide SSVF eligible legal services
bull No need to refer Veterans outside the organization
ANDOR
Putting it all Together Enhanced Partnerships to Serve Those who Serve 16
Eligible SSVF Legal Services Needs
Examples of common issues faced by homeless or at-risk Veterans that SSVF can assist with include
Debt collection (includes pursuing debt forgiveness and processing personal bankruptcies)
Driverrsquos license reinstatement issues
Criminal records expungement
Address credit and debt-based denials of entry into housing or for public services and resources
Discharge upgrade (if Veteran already enrolled in SSVF and the upgrade is directly connected to the Housing Stability Plan)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 17
Eligible SSVF Legal Services
Allowable SSVF Legal Services Costs
Staff TrainingEducation
Income assistance paid under General Housing Stability Assistance including
Court filing fees (eg fees associated with filing a written response to the landlordrsquos complaint)
Ad hoc fees associated with the provision of supportive services including legal representation (eg fees associated with driverrsquos license reinstatement)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 18
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Legal Services Need for Evictions
The top 10 cited legal needs disproportionately impact Women and Black Brown Indigenous Asian Native Americans Pacific Islanders Latinx populations
Legal assistance to prevent eviction and foreclosure
Black renters experienced the highest average rates of eviction filing (62) and eviction judgement (34)
One sample across 1195 US counties saw 341756 women evicted annually 16 more than the 294908 evicted menEviction Lab ldquoRacial and Gender Disparities
among Evicted Americansrdquo 2012-2016 data published Dec 2020httpsevictionlaborgdemographics-of-eviction
The average Latinaox renter experienced a serial eviction filing at a rate of 131
Putting it all Together Enhanced Partnerships to Serve Those who Serve10
SSVF Legal Services Survey
In October 2020 SSVF conducted an internal Legal Services Survey of SSVF Grantees
Only 26 (65) Grantees reported providing direct legal services via contract or in-house counsel
Per grantee report a major reason for not providing direct legal services was lack of SSVF grant funds
Putting it all Together Enhanced Partnerships to Serve Those who Serve 11
SSVF Legal Services Survey Common Needs
The survey also identified other common issues faced by homeless or at-risk Veterans which disproportionately impact Black Brown Indigenous Asian Native Americans Pacific Islanders Latin(a)(o)(x) and Female Veterans
Eviction (threatened or pending)
Child support issues
Assistance in obtaining SSI SSDI and VA benefits andor assistance with claims for those benefits
Landlordtenant issues (includes protecting tenant rights addressing housing code violations protecting security deposits and providing lease reviews)
Outstanding warrants andor court fees
Putting it all Together Enhanced Partnerships to Serve Those who Serve 12
Poll
For the SSVF Grantees on the line how many of you are now providing legal
services either through a contracted legal service team or your in-house counsel
Putting it all Together Enhanced Partnerships to Serve Those who Serve 13
SSVF Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 14
SSVF Legal Services
In previous years grantees were strongly encouraged to provide legal services to assist participants with issues that interfere with participantsrsquo ability to obtain or retain permanent housing or supportive services (38 CFR Part 6233)
Direct legal services are now requiredwith the use of the allocated ARPA funds
Legal Services is included as an eligible supportive service for SSVF
The grantee must document the legal service being provided and the link between the legal issue and housing stability
Putting it all Together Enhanced Partnerships to Serve Those who Serve 15
SSVF Legal Service Approaches
Contracted Legal Servicesbull Contract with legal services provider
chosen by Grantee (ie VA housed Legal ClinicMedical Legal Partnership Legal Aid private firmAttorney etc)
bull Need MOUbull Legal services provider is a
subcontractorbull Fee for Service or Flat Fee per Veteranbull Ensure legal services provider has the
capacity to meet Veteran needs in your community
bull May contract with more than one to cover catchment area or to meet variety of needs
bull A sample contract has been provided
In-House Counselbull In-house counsel is an
employee of the SSVF granteebull In-house counsel could be full
or part-timebull Could perform legal
assessment at different points of Veteran engagement
bull Provide SSVF eligible legal services
bull No need to refer Veterans outside the organization
ANDOR
Putting it all Together Enhanced Partnerships to Serve Those who Serve 16
Eligible SSVF Legal Services Needs
Examples of common issues faced by homeless or at-risk Veterans that SSVF can assist with include
Debt collection (includes pursuing debt forgiveness and processing personal bankruptcies)
Driverrsquos license reinstatement issues
Criminal records expungement
Address credit and debt-based denials of entry into housing or for public services and resources
Discharge upgrade (if Veteran already enrolled in SSVF and the upgrade is directly connected to the Housing Stability Plan)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 17
Eligible SSVF Legal Services
Allowable SSVF Legal Services Costs
Staff TrainingEducation
Income assistance paid under General Housing Stability Assistance including
Court filing fees (eg fees associated with filing a written response to the landlordrsquos complaint)
Ad hoc fees associated with the provision of supportive services including legal representation (eg fees associated with driverrsquos license reinstatement)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 18
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
SSVF Legal Services Survey
In October 2020 SSVF conducted an internal Legal Services Survey of SSVF Grantees
Only 26 (65) Grantees reported providing direct legal services via contract or in-house counsel
Per grantee report a major reason for not providing direct legal services was lack of SSVF grant funds
Putting it all Together Enhanced Partnerships to Serve Those who Serve 11
SSVF Legal Services Survey Common Needs
The survey also identified other common issues faced by homeless or at-risk Veterans which disproportionately impact Black Brown Indigenous Asian Native Americans Pacific Islanders Latin(a)(o)(x) and Female Veterans
Eviction (threatened or pending)
Child support issues
Assistance in obtaining SSI SSDI and VA benefits andor assistance with claims for those benefits
Landlordtenant issues (includes protecting tenant rights addressing housing code violations protecting security deposits and providing lease reviews)
Outstanding warrants andor court fees
Putting it all Together Enhanced Partnerships to Serve Those who Serve 12
Poll
For the SSVF Grantees on the line how many of you are now providing legal
services either through a contracted legal service team or your in-house counsel
Putting it all Together Enhanced Partnerships to Serve Those who Serve 13
SSVF Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 14
SSVF Legal Services
In previous years grantees were strongly encouraged to provide legal services to assist participants with issues that interfere with participantsrsquo ability to obtain or retain permanent housing or supportive services (38 CFR Part 6233)
Direct legal services are now requiredwith the use of the allocated ARPA funds
Legal Services is included as an eligible supportive service for SSVF
The grantee must document the legal service being provided and the link between the legal issue and housing stability
Putting it all Together Enhanced Partnerships to Serve Those who Serve 15
SSVF Legal Service Approaches
Contracted Legal Servicesbull Contract with legal services provider
chosen by Grantee (ie VA housed Legal ClinicMedical Legal Partnership Legal Aid private firmAttorney etc)
bull Need MOUbull Legal services provider is a
subcontractorbull Fee for Service or Flat Fee per Veteranbull Ensure legal services provider has the
capacity to meet Veteran needs in your community
bull May contract with more than one to cover catchment area or to meet variety of needs
bull A sample contract has been provided
In-House Counselbull In-house counsel is an
employee of the SSVF granteebull In-house counsel could be full
or part-timebull Could perform legal
assessment at different points of Veteran engagement
bull Provide SSVF eligible legal services
bull No need to refer Veterans outside the organization
ANDOR
Putting it all Together Enhanced Partnerships to Serve Those who Serve 16
Eligible SSVF Legal Services Needs
Examples of common issues faced by homeless or at-risk Veterans that SSVF can assist with include
Debt collection (includes pursuing debt forgiveness and processing personal bankruptcies)
Driverrsquos license reinstatement issues
Criminal records expungement
Address credit and debt-based denials of entry into housing or for public services and resources
Discharge upgrade (if Veteran already enrolled in SSVF and the upgrade is directly connected to the Housing Stability Plan)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 17
Eligible SSVF Legal Services
Allowable SSVF Legal Services Costs
Staff TrainingEducation
Income assistance paid under General Housing Stability Assistance including
Court filing fees (eg fees associated with filing a written response to the landlordrsquos complaint)
Ad hoc fees associated with the provision of supportive services including legal representation (eg fees associated with driverrsquos license reinstatement)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 18
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
SSVF Legal Services Survey Common Needs
The survey also identified other common issues faced by homeless or at-risk Veterans which disproportionately impact Black Brown Indigenous Asian Native Americans Pacific Islanders Latin(a)(o)(x) and Female Veterans
Eviction (threatened or pending)
Child support issues
Assistance in obtaining SSI SSDI and VA benefits andor assistance with claims for those benefits
Landlordtenant issues (includes protecting tenant rights addressing housing code violations protecting security deposits and providing lease reviews)
Outstanding warrants andor court fees
Putting it all Together Enhanced Partnerships to Serve Those who Serve 12
Poll
For the SSVF Grantees on the line how many of you are now providing legal
services either through a contracted legal service team or your in-house counsel
Putting it all Together Enhanced Partnerships to Serve Those who Serve 13
SSVF Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 14
SSVF Legal Services
In previous years grantees were strongly encouraged to provide legal services to assist participants with issues that interfere with participantsrsquo ability to obtain or retain permanent housing or supportive services (38 CFR Part 6233)
Direct legal services are now requiredwith the use of the allocated ARPA funds
Legal Services is included as an eligible supportive service for SSVF
The grantee must document the legal service being provided and the link between the legal issue and housing stability
Putting it all Together Enhanced Partnerships to Serve Those who Serve 15
SSVF Legal Service Approaches
Contracted Legal Servicesbull Contract with legal services provider
chosen by Grantee (ie VA housed Legal ClinicMedical Legal Partnership Legal Aid private firmAttorney etc)
bull Need MOUbull Legal services provider is a
subcontractorbull Fee for Service or Flat Fee per Veteranbull Ensure legal services provider has the
capacity to meet Veteran needs in your community
bull May contract with more than one to cover catchment area or to meet variety of needs
bull A sample contract has been provided
In-House Counselbull In-house counsel is an
employee of the SSVF granteebull In-house counsel could be full
or part-timebull Could perform legal
assessment at different points of Veteran engagement
bull Provide SSVF eligible legal services
bull No need to refer Veterans outside the organization
ANDOR
Putting it all Together Enhanced Partnerships to Serve Those who Serve 16
Eligible SSVF Legal Services Needs
Examples of common issues faced by homeless or at-risk Veterans that SSVF can assist with include
Debt collection (includes pursuing debt forgiveness and processing personal bankruptcies)
Driverrsquos license reinstatement issues
Criminal records expungement
Address credit and debt-based denials of entry into housing or for public services and resources
Discharge upgrade (if Veteran already enrolled in SSVF and the upgrade is directly connected to the Housing Stability Plan)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 17
Eligible SSVF Legal Services
Allowable SSVF Legal Services Costs
Staff TrainingEducation
Income assistance paid under General Housing Stability Assistance including
Court filing fees (eg fees associated with filing a written response to the landlordrsquos complaint)
Ad hoc fees associated with the provision of supportive services including legal representation (eg fees associated with driverrsquos license reinstatement)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 18
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Poll
For the SSVF Grantees on the line how many of you are now providing legal
services either through a contracted legal service team or your in-house counsel
Putting it all Together Enhanced Partnerships to Serve Those who Serve 13
SSVF Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 14
SSVF Legal Services
In previous years grantees were strongly encouraged to provide legal services to assist participants with issues that interfere with participantsrsquo ability to obtain or retain permanent housing or supportive services (38 CFR Part 6233)
Direct legal services are now requiredwith the use of the allocated ARPA funds
Legal Services is included as an eligible supportive service for SSVF
The grantee must document the legal service being provided and the link between the legal issue and housing stability
Putting it all Together Enhanced Partnerships to Serve Those who Serve 15
SSVF Legal Service Approaches
Contracted Legal Servicesbull Contract with legal services provider
chosen by Grantee (ie VA housed Legal ClinicMedical Legal Partnership Legal Aid private firmAttorney etc)
bull Need MOUbull Legal services provider is a
subcontractorbull Fee for Service or Flat Fee per Veteranbull Ensure legal services provider has the
capacity to meet Veteran needs in your community
bull May contract with more than one to cover catchment area or to meet variety of needs
bull A sample contract has been provided
In-House Counselbull In-house counsel is an
employee of the SSVF granteebull In-house counsel could be full
or part-timebull Could perform legal
assessment at different points of Veteran engagement
bull Provide SSVF eligible legal services
bull No need to refer Veterans outside the organization
ANDOR
Putting it all Together Enhanced Partnerships to Serve Those who Serve 16
Eligible SSVF Legal Services Needs
Examples of common issues faced by homeless or at-risk Veterans that SSVF can assist with include
Debt collection (includes pursuing debt forgiveness and processing personal bankruptcies)
Driverrsquos license reinstatement issues
Criminal records expungement
Address credit and debt-based denials of entry into housing or for public services and resources
Discharge upgrade (if Veteran already enrolled in SSVF and the upgrade is directly connected to the Housing Stability Plan)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 17
Eligible SSVF Legal Services
Allowable SSVF Legal Services Costs
Staff TrainingEducation
Income assistance paid under General Housing Stability Assistance including
Court filing fees (eg fees associated with filing a written response to the landlordrsquos complaint)
Ad hoc fees associated with the provision of supportive services including legal representation (eg fees associated with driverrsquos license reinstatement)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 18
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
SSVF Legal Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 14
SSVF Legal Services
In previous years grantees were strongly encouraged to provide legal services to assist participants with issues that interfere with participantsrsquo ability to obtain or retain permanent housing or supportive services (38 CFR Part 6233)
Direct legal services are now requiredwith the use of the allocated ARPA funds
Legal Services is included as an eligible supportive service for SSVF
The grantee must document the legal service being provided and the link between the legal issue and housing stability
Putting it all Together Enhanced Partnerships to Serve Those who Serve 15
SSVF Legal Service Approaches
Contracted Legal Servicesbull Contract with legal services provider
chosen by Grantee (ie VA housed Legal ClinicMedical Legal Partnership Legal Aid private firmAttorney etc)
bull Need MOUbull Legal services provider is a
subcontractorbull Fee for Service or Flat Fee per Veteranbull Ensure legal services provider has the
capacity to meet Veteran needs in your community
bull May contract with more than one to cover catchment area or to meet variety of needs
bull A sample contract has been provided
In-House Counselbull In-house counsel is an
employee of the SSVF granteebull In-house counsel could be full
or part-timebull Could perform legal
assessment at different points of Veteran engagement
bull Provide SSVF eligible legal services
bull No need to refer Veterans outside the organization
ANDOR
Putting it all Together Enhanced Partnerships to Serve Those who Serve 16
Eligible SSVF Legal Services Needs
Examples of common issues faced by homeless or at-risk Veterans that SSVF can assist with include
Debt collection (includes pursuing debt forgiveness and processing personal bankruptcies)
Driverrsquos license reinstatement issues
Criminal records expungement
Address credit and debt-based denials of entry into housing or for public services and resources
Discharge upgrade (if Veteran already enrolled in SSVF and the upgrade is directly connected to the Housing Stability Plan)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 17
Eligible SSVF Legal Services
Allowable SSVF Legal Services Costs
Staff TrainingEducation
Income assistance paid under General Housing Stability Assistance including
Court filing fees (eg fees associated with filing a written response to the landlordrsquos complaint)
Ad hoc fees associated with the provision of supportive services including legal representation (eg fees associated with driverrsquos license reinstatement)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 18
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
SSVF Legal Services
In previous years grantees were strongly encouraged to provide legal services to assist participants with issues that interfere with participantsrsquo ability to obtain or retain permanent housing or supportive services (38 CFR Part 6233)
Direct legal services are now requiredwith the use of the allocated ARPA funds
Legal Services is included as an eligible supportive service for SSVF
The grantee must document the legal service being provided and the link between the legal issue and housing stability
Putting it all Together Enhanced Partnerships to Serve Those who Serve 15
SSVF Legal Service Approaches
Contracted Legal Servicesbull Contract with legal services provider
chosen by Grantee (ie VA housed Legal ClinicMedical Legal Partnership Legal Aid private firmAttorney etc)
bull Need MOUbull Legal services provider is a
subcontractorbull Fee for Service or Flat Fee per Veteranbull Ensure legal services provider has the
capacity to meet Veteran needs in your community
bull May contract with more than one to cover catchment area or to meet variety of needs
bull A sample contract has been provided
In-House Counselbull In-house counsel is an
employee of the SSVF granteebull In-house counsel could be full
or part-timebull Could perform legal
assessment at different points of Veteran engagement
bull Provide SSVF eligible legal services
bull No need to refer Veterans outside the organization
ANDOR
Putting it all Together Enhanced Partnerships to Serve Those who Serve 16
Eligible SSVF Legal Services Needs
Examples of common issues faced by homeless or at-risk Veterans that SSVF can assist with include
Debt collection (includes pursuing debt forgiveness and processing personal bankruptcies)
Driverrsquos license reinstatement issues
Criminal records expungement
Address credit and debt-based denials of entry into housing or for public services and resources
Discharge upgrade (if Veteran already enrolled in SSVF and the upgrade is directly connected to the Housing Stability Plan)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 17
Eligible SSVF Legal Services
Allowable SSVF Legal Services Costs
Staff TrainingEducation
Income assistance paid under General Housing Stability Assistance including
Court filing fees (eg fees associated with filing a written response to the landlordrsquos complaint)
Ad hoc fees associated with the provision of supportive services including legal representation (eg fees associated with driverrsquos license reinstatement)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 18
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
SSVF Legal Service Approaches
Contracted Legal Servicesbull Contract with legal services provider
chosen by Grantee (ie VA housed Legal ClinicMedical Legal Partnership Legal Aid private firmAttorney etc)
bull Need MOUbull Legal services provider is a
subcontractorbull Fee for Service or Flat Fee per Veteranbull Ensure legal services provider has the
capacity to meet Veteran needs in your community
bull May contract with more than one to cover catchment area or to meet variety of needs
bull A sample contract has been provided
In-House Counselbull In-house counsel is an
employee of the SSVF granteebull In-house counsel could be full
or part-timebull Could perform legal
assessment at different points of Veteran engagement
bull Provide SSVF eligible legal services
bull No need to refer Veterans outside the organization
ANDOR
Putting it all Together Enhanced Partnerships to Serve Those who Serve 16
Eligible SSVF Legal Services Needs
Examples of common issues faced by homeless or at-risk Veterans that SSVF can assist with include
Debt collection (includes pursuing debt forgiveness and processing personal bankruptcies)
Driverrsquos license reinstatement issues
Criminal records expungement
Address credit and debt-based denials of entry into housing or for public services and resources
Discharge upgrade (if Veteran already enrolled in SSVF and the upgrade is directly connected to the Housing Stability Plan)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 17
Eligible SSVF Legal Services
Allowable SSVF Legal Services Costs
Staff TrainingEducation
Income assistance paid under General Housing Stability Assistance including
Court filing fees (eg fees associated with filing a written response to the landlordrsquos complaint)
Ad hoc fees associated with the provision of supportive services including legal representation (eg fees associated with driverrsquos license reinstatement)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 18
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Eligible SSVF Legal Services Needs
Examples of common issues faced by homeless or at-risk Veterans that SSVF can assist with include
Debt collection (includes pursuing debt forgiveness and processing personal bankruptcies)
Driverrsquos license reinstatement issues
Criminal records expungement
Address credit and debt-based denials of entry into housing or for public services and resources
Discharge upgrade (if Veteran already enrolled in SSVF and the upgrade is directly connected to the Housing Stability Plan)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 17
Eligible SSVF Legal Services
Allowable SSVF Legal Services Costs
Staff TrainingEducation
Income assistance paid under General Housing Stability Assistance including
Court filing fees (eg fees associated with filing a written response to the landlordrsquos complaint)
Ad hoc fees associated with the provision of supportive services including legal representation (eg fees associated with driverrsquos license reinstatement)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 18
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Eligible SSVF Legal Services
Allowable SSVF Legal Services Costs
Staff TrainingEducation
Income assistance paid under General Housing Stability Assistance including
Court filing fees (eg fees associated with filing a written response to the landlordrsquos complaint)
Ad hoc fees associated with the provision of supportive services including legal representation (eg fees associated with driverrsquos license reinstatement)
Putting it all Together Enhanced Partnerships to Serve Those who Serve 18
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Eligible SSVF Legal Services
Allowable SSVF Legal Services Activity Types
Supportive Services that promote housing stability including
Intake
Consultation
Representation
includes representation for participants before VA with respect to a claim for VA benefits but only if individual is recognized for that purpose under 38 USC Chapter 59 For information on accreditations please visit httpstatesidelegalorgva-accreditation
19Putting it all Together Enhanced Partnerships to Serve Those who Serve
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Ineligible SSVF Legal Services
Unallowable SSVF Legal Services Costs
Estate planning (wills trusts etc)
Court adjudicated judgements or fines
Family law issues related to Divorce or Child Custody
Putting it all Together Enhanced Partnerships to Serve Those who Serve 20
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Case Poll 1
John recently enrolled in SSVF and is beginning housing search The SSVF Grantee reviewed Johnrsquos legal service needs and there didnrsquot seem to be any major issues However once the grantee ran a tenant screening report with John to prepare for the housing application process they saw significant old debts that were in collection and that had dragged Johnrsquos credit down significantly John remembers the debts but didnrsquot think there was much anyone could do to help with that
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to John to find ways to alleviate the debt burden
andor take John out of collection on his debts
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve21
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Case Poll 2Maggie has been enrolled in SSVF for a couple of months and recently her father passed away At the service Maggiersquos sister Anne who she had not seen in a long time said her father left his house and other savings to Anne and Maggie wouldnrsquot be getting any of the inheritance Maggie knew Anne would be in charge of their dadrsquos arrangements but surprised that he wouldnrsquot leave her anything especially given how much Maggie could use the help since she lost housing last year after fleeing a domestic violence situation
Would SSVF be able to provide legal services (either in house or through direct paid outside counsel) to Maggie to help ensure that she is getting
anything she should from her dadrsquos assets
POLL
Putting it all Together Enhanced Partnerships to Serve Those who Serve22
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
SSVF Granteersquos Legal Aid Assessment and
Services
Putting it all Together Enhanced Partnerships to Serve Those who Serve 23
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
SUPPORTIVE SERVICES FOR VETERAN FAMILIES (SSVF)
LEGAL SERVICES FOR VETERANS
24
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Veterans Multi-Service Center (VMC)bull Our History The Veterans Multi-
Service Center (VMC) was founded in 1980 and has served over 6500 Veterans and families annually throughout the tri-state area of Pennsylvania Delaware and New Jersey
bull Our Commitment To advance the cause of Veterans advocating on all levels giving voice to their concerns bringing equity and quality to their earned benefits and a just resolve to their needs
bull Our website WWWVMCENTERORG
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - INTRODUCTION
25
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Why legal services for SSVF
bull The collateral consequences of having a criminal record creates long-term barriers generational poverty and restricts housing opportunities
bull Unfavorable military discharges negatively impact post-military life including housing stability and access to housing lack of access to VA programs and services and income stability
bull A recent empirical study found that within 2 years of having a criminal record cleared wages increased by 25 on average and previously unemployed people were likely to find work
VMC FY21bull Nearly 85 of our SSVF enrolled Veterans are in need of legal
assistancebull Each referred Veteran averages 3-5 legal issues
DEVELOPMENT CALENDAR ndashLEGAL SERVICES
26
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Legal Aid Organizations are Non-Profit Organizationsbull Legal Aid Providers share our mission around homelessness
and poverty and are already integrated into their communities
bull Legal Aid Attorneys are trained to handle clients with significant challenges beyond their legal issues those who have experienced trauma abuse behavioral health issues and whose families have experienced generational poverty
bull Legal Aid Attorneys can provide holistic comprehensive local non-criminal and in some cases federal VA Benefits work
Legal Partners provide assistance withbull Prioritization of referred Veterans for contactbull Landlord-tenant and housing issuesbull Unemployment Benefits (Income) issuesbull Expungements (Criminal Record Clearing)bull Staff training to identify legal issues for referral
DEVELOPMENT CALENDAR ndashOur Legal Partners
Our Legal Service Providers
Legal Aid of Southeastern PA
Homeless Advocacy ProjectMid-Penn Legal Services
North-Penn Legal ServicesSouth Jersey Legal Services
In the past 15 years Legal Aid of Southeastern Pennsylvania obtained $163K in earned retroactive benefits for Veterans which equates to $75 MILLION in lifetime benefits
27
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Legal Providers are required to perform 1 issue-specific training a quarter to SSVF staff
Staff training provides additional layer of screening for immediate crisis-resolution legal services
Legal Services as Crisis Resolution
Veteran presented to SSVF with 1 day notice verbal eviction from landlord VMC SSVF staff understood that verbal evictions are illegal and immediately escalated to attorneys attorney immediately researched docket and found there was no official eviction filed in courtAttorney immediately contacted landlord who was made to understand that the verbal eviction was illegal Veteran maintained housing with no SSVF TFA assistance issued and no need to move to new housing
DEVELOPMENT CALENDAR ndashStaff Training
28
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
DEVELOPMENT CALENDAR ndashLegal Services Assessment
29
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
EQUITYOur JEDI (Justice Equity Diversity and Inclusion) work started in August 2021 is centered around four Key Areas Communication Safety Opportunity and Accountability
We Ensure Equity bybull Screening every SSVF enrolled participant at the point of enrollment through the
legal needs assessmentbull Screening is again performed at first recertification for every enrolled veteran
We Ensure Accountability bybull Creation of 6-month invoicingreporting standards included in all MOUs
bull Legal Providers required to contact referred Veteran within 2 business days
DEVELOPMENT CALENDAR ndashLEGAL SERVICES ndash EQUITY
30
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
DEVELOPMENT CALENDAR ndashLEGAL SERVICES - OUTCOMESTOTAL BANKRUPTCY ISSUES 30
TOTAL DRIVERS LICENSE ISSUES 27
TOTAL EXPUNGEMENTS 188
TOTAL LANDLORDTENANT ISSUES 153
TOTAL PUBLIC BENEFITSCREDIT ISSUES 47
TOTAL SOAR (LASP and HAP only) 11
TOTAL SSISSDI 104
TOTAL UNEMPLOYMENT COMPENSATION 58
TOTAL VETERANS BENEFITS (LASP and HAP only) 373
TOTAL FILES OPENED 991
TOTAL TRAININGS FOR SSVF STAFF 53
ExpungementAttorney assisted Veteran in expunging criminal record creating eligibility for federal subsidized housing and employment since barrier removed
Landlord Tenant IssueHousing DiscriminationAttorney made 1 phone call to prevent landlord from illegally evicting a
Veteran based on protected status Transgender Veteran able to maintain housing
Unemployment ReinstatementVeteran received $18K in retroactive unemployment benefits after being
unemployed for nearly a year
Housing VouchersAttorney assisted moving tenant-based voucher to new unit based on Veteran
fleeing domestic violence where abuser had access to original unit
Discharge UpgradesOTH upgraded to General discharge attorney then able to assist Veteran with
application for VA Compensation Veteran was awarded 50 in VA Compensation
Social Security Disability InsuranceVeteran received reinstatement of SSDI benefits of over $1k per month
AND unemployment benefits of $1k per month resulting in increased income of over $2k a month
31
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
THANK YOU
32
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
33
VA Medical Legal Partnerships (MLPs) and Legal Clinics for Veterans
Legal Services for Homeless Veterans and Veterans At -Risk for Homelessness Grant
Lara Eilhardt - MLP Attorney OGCMadolyn Gingell LCSW ndash National Coordinator
Legal Services for Veterans VJP
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
34
What do we know about Veteransrsquo legal needs
bull Veterans have extensive civil legal needs connected to their health housing and employment and if unresolved these needs can increase their risk for suicide
bull Legal clinics can help resolve legal issues and provide support and opportunities to connect Veterans to additional health services
bull VHArsquos CHALENG Survey consistently reveals that 7 of the top 10 unmet needs of homeless veterans are legal problems
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
35
a) Linked to Suicide Risk by VA researchVeterans with legal problems were 86 more likely to have suicidal ideation and 57
more likely to attempt suicide even after adjusting for mental health diagnoses Social determinants of health such as legal problems and housing instability are as
relevant as medical factors (ie depression) for suicide prevention and treatmentStudy J Blosnich et al ldquoSocial Determinants and Military Veteransrsquo Suicide Ideation and Attempt a Cross-sectional Analysis of Electronic Health Record Datardquo J Gen Intern Med (2019) DOI 101007s11606-019-05447-z
b) Legal services provided to Veterans in conjunction with VA healthcare inVA MLPsrarr decreased Veteransrsquo PTSD symptoms rarr reduced spending on substance abuserarr increasedVeteransrsquo mental health and housing stability
J Tsai et al ldquoMedical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing and Psychosocial Outcomes For Vetsrdquo Health Affairs 36 no 12 (2017) 2195-2203
What is the impact of Veterans legal needs
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
36
What is the VA landscape for Veteransrsquo legal services connections
Approximately 150 pro bono legal clinics (including 27 Medical Legal Partnerships (MLPs) serve Veterans through VA facilities
Guided by NEW VHA Directive 1510 (encouraging VA Medical C enters and staff to make space available for legal service providers to assist Veterans)
For several years VHArsquos Homeless Programs O ffice and VArsquos O ffice of General C ounsel (O GC ) have helped facilitate these legal clinics and MLPs with VA facilities and lead the VA MLP Taskforce ie through a VA MLP FAQ Sheet
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
LOCATIONS WITH VA -HOSTED LEGAL CLINICSMLPS IN 2021
37(Taylor et al 2019)
United States U Multiple Clinics
One Clinic
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
38
bull Since 2016 VA MLPs have grown from 5 from to 27 bull VA legal clinics have experienced 500 growth in six years
Best Practices for VA Medical Legal Partnershipsbull Designed process for VA health care team to screen for and identify
potential legal issues and provide appropriate referralbull Training for legal clinic staff on available VA resources and referral
for clinical issuesbull A ldquolawyer -in-residencerdquo in co-located VA space bull Defined target clientpatient populationbull Formal agreementsMOU in place bull Frequent communicationinformation sharingbull Secure funding
Growth and Lessons Learned 2011-2022
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
39
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Announcement of Interim Final Rule
bull The Department of Veterans Affairs (VA) issued an Interim Final Rule to implement a new grant to eligible entities that will provide certain legal services for homeless Veterans and Veterans at risk for homelessness
bull In March of 2021 the VA solicited feedback from selected veteran service organizations Equal Justice Works (EJW) and other legal services organizations with experience in providing services to homeless veterans
bull Through this Interim Final Rule VA establishes and implements the Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
bull People are encouraged to comment on the IFR at Federal Register Public Inspection Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program
40
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Eligible Entities
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Eligible Entities
bull The Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program may be awarded toa) A public entity or nonprofit private entity with the capacity to effectively administer a grant under
38 USC 2022A(c) sect 7910b) A public entity or nonprofit private entity that can demonstrate that adequate financial support
will be available to carry out the services for which the grant is sought consistent with the application
c) A public entity or nonprofit private entity that agrees to meet the application criteria and requirements established under subsection 38 USC 2022(b)(1) and
d) A public entity or nonprofit private entity that has as determined by the Secretary demonstrated the capacity to meet such criteria and requirements
42
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Eligible Entities
bull To the extent practicable VA will ensure that legal services grants are equitably distributed across geographic regions including rural communities trust lands Native Americans and tribal organizations consistent with 38 USC 2022A(f)
bull Additionally for any fiscal year not less than 10 percent of the amount authorized to be appropriated for grants shall be used to provide legal services to women veterans
43
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Use of Funds
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Use of Funds
bull Allowable legal services covered under this Grant Program include legal services related toa) Housing (eviction defense representation in landlord-tenant cases and representation in
foreclosure cases)b) Family law (assistance in court proceedings for child support and custody divorce estate
planning and family reconciliation)c) Income support (assistance in obtaining public benefits)d) Criminal defense (defense in matters symptomatic of homelessness such as outstanding
warrants fines and driverrsquos license revocation and citations (to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing covered legal services relating to criminal defense also include legal assistance with request to expunge or seal a criminal record)
e) Requests to upgrade the characterization of discharge or dismissal of a former member of the Armed Forces and
f) Other covered legal services as the Secretary determines appropriate
45
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Eligible Use of Funds Comparison
bull SSVF Eligible Costsbull Eviction (threatening or pending)bull Child Support Issuesbull Assistance in obtaining SSI and SSDI
Benefitsbull LandlordTenant Issuesbull Outstanding warrants andor court feesbull Assistance in obtaining VA benefitsbull Driverrsquos license reinstatement issuesbull Criminal records expungementbull Debt collectionbull Discharge Upgrade
bull Legal Services for Homeless Veterans Eligible Costsbull Housingbull Family Lawbull Criminal Defensebull Discharge or Dismissal Upgradesbull Other covered legal services as the
Secretary determines appropriate
46
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Eligible Veterans
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Eligible Veterans
bull Eligible Veterans for assistance under this Grant Program includea) A Veteran is defined as person who served in the active military naval air or space service and
who was discharged or released therefrom under conditions other than dishonorable b) A Veteran who is homeless as that term is defined in subsection (a) or (b) of section 103 of the
McKinneyndashVento Homeless Assistance Act (42 USC 11302) or c) At risk for homelessness means an individual who does not have sufficient resources or support
networks eg family friends faith-based or other social networks immediately available to prevent them from moving to an emergency shelter
48
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Eligible Veterans ndash At Risk
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Has moved because of economic reasons two or more times during the 60 days immediately preceding the
application for assistancebull Is living in the home of another because of economic hardshipbull Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistancebull Is constructively evicted from their current housing because of untenable conditions created by the landlord
such as shutting off electricity and water or discriminatory acts
49
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Eligible Veterans ndash At Risk cont
bull Additional At-Risk Eligibility bull An individual or family who lacks a fixed regular and adequate nighttime residence meaning ANDbull Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by
Federal State or local government programs for low-income individualsbull Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons
or lives in a larger housing unit in which there reside more than 15 persons reside per room as defined by the US Census Bureau
bull Is exiting a publicly funded institution or system of care (such as a health-care facility a mental health facility foster care or other youth facility or correction program or institution)
bull Is fleeing or is attempting to flee domestic violence dating violence sexual assault stalking or other dangerous or life-threatening conditions that relate to violence against the individual including a child that has either taken place within the individualrsquos primary nighttime residence or has made the individual afraid to return to their primary nighttime residence or
bull Otherwise lives in housing that has characteristics associated with instability and an increased risk for homelessness 50
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Eligible Veterans Comparison
bull SSVF Eligibilitybull Member of Veteran Family
bull Other than Honorable Dischargebull ldquoVery Low-Incomerdquobull Literally Homeless ORbull At-Risk of Experiencing Homelessness
(McKinney-Vento definition)
bull Legal Services for Homeless Veterans Eligibilitybull Veteran with Other than Dishonorable
Dischargebull No income thresholdbull Literally Homeless ORbull At-Risk of Experiencing Homeless (per the
expanded Interim Rule definition)
51
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
For more information
bull FOR FURTHER INFORMATION CONTACT Madolyn Gingell National Coordinator Legal Services for Veterans Veterans Justice Programs Clinical Services Veterans Health Administration Department of Veterans Affairs 810 Vermont Ave NW Washington DC 20420 (239) 223-4681 (This is not a toll-free telephone number)
bull Legal Services for Veterans Website Legal Services for Veterans Program - VA Homeless Programs
52
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
Q amp
A
53
- Legal Services for Veterans
- This session will last 90 minutes
- Slide Number 4
- Slide Number 5
- Keeping Equity Terms amp Considerations Centered
- Veteransrsquo Need for Legal Services
- Slide Number 8
- Slide Number 9
- Slide Number 10
- Slide Number 11
- Slide Number 12
- Slide Number 13
- SSVF Legal Services
- Slide Number 15
- Slide Number 16
- Slide Number 17
- Slide Number 18
- Slide Number 19
- Slide Number 20
- Slide Number 21
- Slide Number 22
- SSVF Granteersquos Legal Aid Assessment and Services
- Slide Number 24
- LEGAL SERVICES - INTRODUCTION
- LEGAL SERVICES
- Our Legal Partners
- Staff Training
- Legal Services Assessment
- LEGAL SERVICES ndash EQUITY
- LEGAL SERVICES - OUTCOMES
- Slide Number 32
- Slide Number 33
- What do we know about Veteransrsquo legal needs
- What is the impact of Veterans legal needs
- What is the VA landscape for Veteransrsquo legal services connections
- Slide Number 37
- Growth and Lessons Learned 2011-2022
- Announcement of Interim Final Rule Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness
- Announcement of Interim Final Rule
- Eligible Entities
- Eligible Entities
- Eligible Entities
- Use of Funds
- Use of Funds
- Eligible Use of Funds Comparison
- Eligible Veterans
- Eligible Veterans
- Eligible Veterans ndash At Risk
- Eligible Veterans ndash At Risk cont
- Eligible Veterans Comparison
- For more information
- Slide Number 53
-
