LRS Newsletter - January 2011

News from Legal Rights Service is LRS' monthly newsletter providing information and updates about case work and activities of LRS, and other disability-related news.

In this issue:

• LRS and Justice Department Settle Complaint Against Franklin County Sheriff's Office
• Action and results: Case summaries
• LRS answers questions about RSC's new Order of Selection process
• Tax preparation and heating bill assistance

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LRS and Justice Department Settle Complaint Against Franklin County Sheriff's Office

The Ohio Legal Rights Service (LRS), on behalf of two individual clients and a certified class, and the U.S. Department of Justice (DOJ) agreed to settle a class action lawsuit against the Franklin County Sheriff's Office alleging the inappropriate and unconstitutional use of Tasers in the Franklin County Correction Centers. The settlement was reached following several days of intense negotiations in a court facilitated mediation.

Under the terms of the settlement, the Franklin County Sheriff's Office agrees to:

• develop a revised policy that sets forth clear constitutional standards on the appropriate use of a Taser;
• provide additional training in accordance with the revised policy;
• develop improved accountability processes to review the use of Tasers; and
• provide to LRS and DOJ policies, training materials and records regarding Taser use in a timely manner.

The settlement is a court-enforceable agreement that establishes significant safeguards governing the use of Tasers in the Franklin County Correction Centers. The Sheriff's Office must substantially comply with all terms of the agreement and maintain that compliance for at least two years before the agreement may be terminated. During that time, LRS and DOJ may access the correctional centers and Sheriff's Office records to assess compliance. If the Sheriff's Office fails to comply, LRS or DOJ may return to court to enforce the agreement.

Kerstin Sjoberg-Witt, legal director at LRS said, "We are pleased that all parties have reached an amicable agreement. The settlement requires the Franklin County Sheriff's Office to implement significant revisions to the current Taser policy and the training and review processes. The revisions, if implemented according to the agreement, should result in meaningful change."

The suit also includes individual claims for damages for the unconstitutional use of Tasers on four individuals with disabilities. These claims are not addressed by this settlement agreement.

LRS originally filed the lawsuit, Shreve et al. v. Franklin County, Ohio et al., in July 2010 in the U.S. District Court for the Southern District of Ohio. The complaint alleges gratuitous and torturous use of Tasers by officers of the Franklin County Sheriff's Office at a county jail facility against inmates, many with disabilities. The DOJ sought to join the lawsuit in early November.

LRS, an independent agency of the State of Ohio, is designated under federal law as the system to protect and advocate the rights of people with disabilities and as the Client Assistance Program under the Rehabilitation Act. The mission of LRS is to protect and advocate, in partnership with people with disabilities, for their human, civil and legal rights.

Read the press release: LRS and U.S. Department of Justice settle complaint against Franklin County Sheriff's Office

For more information about the case: Shreve et al. v. Franklin County, Ohio et al.

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Action and results: Case summaries

SSA overpayment waiver is granted

A client does not have to reimburse an overpayment for disability benefits by the Social Security Administration (SSA) after LRS and the client worked with SSA to waive the repayment request. LRS argued that the overpayment was not the fault of the client because the nature of her disability prevented her from fully understanding SSA's reporting and program requirements. Additionally, the repayment amount would have created a financial hardship for the client.

Client receives favorable ruling; Keeps assistive technology equipment

Assistive technology is allowing a client to achieve her goal of becoming a homemaker through the Bureau of Services for the Visually Impaired (BSVI) Homemaker Program. BSVI originally provided the equipment to assist the client with finding home-based employment. However, she was unable to find a job and BSVI decided to close her case and take back the equipment.

The client contacted LRS for assistance and she was advised to change her employment goal to a homemaker goal. BSVI, after conducting an assessment for the Homemaker Program, still intended to close her case and have her return the equipment. LRS represented the client to appeal BSVI's decision and the hearing officer ruled in the client's favor. BSVI also provided additional assistive technology and services to support the client with her homemaker goal.

College student wins appeal to attend college of his choice

Small class sizes, a specific type of teaching method and living on campus were allowing a college student receiving services through the Bureau of Vocational Rehabilitation (BVR) to excel in his classes at a private college. However, after completing his second year, the student was assigned a new BVR counselor who determined that he should attend a state university and live at home.

After an appeal of the counselor's decision was denied, LRS and the client filed a federal civil case challenging BVR's decision, arguing the decision did not consider the student's individualized learning needs. A settlement was reached and the student continues to attend the college of his choice.

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LRS answers questions about RSC's new Order of Selection process

An online publication written by LRS provides answers to frequently asked questions about the Ohio Rehabilitation Services Commission's (RSC) "Order of Selection" process. Included is information about the criteria used by RSC to determine the categories for the selection process and what you can do if you don't agree with the category you are assigned.

RSC uses the Order of Selection process to determine how people are selected to receive services. When RSC cannot fund services for everyone, they limit their services by placing eligible people into categories that determine the Order of Selection.

Read Frequently Asked Questions: RSC's Order of Selection

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Tax preparation and heating bill assistance

Tax preparation resources

The IRS offers free tax return preparation services through its Volunteer Income Tax Assistance Program (VITA) for people with low to moderate incomes and Tax Counseling for the Elderly (TCE). To locate the nearest VITA site, call 1-800-906-9887. For more information on TCE, call 1-800-829-1040. The IRS also offers Free File, a free service that provides federal tax preparation and e-file options for all taxpayers.

The Ohio Benefit Bank (OBB) also offers free tax preparation assistance. Counselors are available at OBB locations throughout the state who will help people eligible for OBB services to prepare and file federal and Ohio income tax returns. Free income tax assistance is also available through the Benefit Bank Self-Serve Ohio website or you can call the OBB information hotline at 800-648-1176 for more information.

The IRS reports that people with disabilities continue to leave millions of dollars in Earned Income Tax Credit (EITC) unclaimed each year. The EITC is a refundable federal income tax credit for working individuals and families with low to moderate incomes. To learn more about the EITC read EITC Questions and Answers or use the EITC Assistant Tool. Information about other tax benefits and credits for people with disabilities is available in the IRS publication Living and Working with Disabilities (PDF file).

Home Energy Assistance Program

Ohio homeowners and renters with low incomes are eligible for assistance with their winter heating bills through the Home Energy Assistance Program (HEAP). The program, designed to help meet the high costs of home heating, is managed by the Ohio Department of Development's Office of Community Service.

Eligibility for HEAP is based on household income. If you are eligible, the amount of the HEAP benefit depends on how many people live in your home, total household income and the primary fuel used to heat your home. In most cases, the one-time benefit will be a credit applied to the energy bill of your utility company or fuel vendor.

Emergency HEAP through the Winter Crisis Program (WCP) is also available. This program provides one-time assistance per heating season to eligible households that are disconnected, threatened with disconnection or have less than a 10-day supply of bulk fuel. WCP, in certain cases, can also help pay for heating system repairs. Apply for either of these programs by calling 800-282-0880 or TTY 800-686-1557. Applications for HEAP are accepted through May 31, 2011 and for WCP through March 31, 2011. Applications are also available at:

• Local community action agencies
• Local libraries
• County departments of job and family services
• Area agencies on aging
• Local utility offices

For more information from the Ohio Department of Development:

• Home Energy Assistance Program (HEAP)
• Winter Crisis Program (WCP)

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