With special funding, The Legal Aid Society conducts outreach and provides legal assistance to persons 60 and over.  Older persons often are less able to access legal assistance, and often are the targets of unscrupulous people.  Legal Aid provides brief legal services to low-income elderly clients in the area of estate and end-of-life planning, such as preparation of deeds, wills, powers of attorney, living wills, and health care powers of attorney.  Legal Aid also provides representation and outreach to clients over 60 in the areas of consumer law, housing law, health, education, work, income and immigration. Legal Aid publishes a newsletter every other month.

FAQs

What do I do if my apartment has bed bugs? Close

Northeast Ohio and many places across the country are experiencing a significant increase in bed bug complaints. Bed bugs were once thought to be pests found only on bedding in homes, apartments, and rooming houses. Now bed bugs are found in office buildings, retail stores, hospitals, dormitories, nursing homes, office buildings, libraries, movie theaters, buses, and any other place where people gather. Bed bugs are excellent hitchhikers and are easily spread by moving beds, furniture, luggage, or clothing from one location to another.

Identifying Bed Bugs

• Bed bugs are small, flat, oval, reddish-brown, wingless insects that feed primarily on the blood of humans.

• Adult bed bugs are approximately ¼ inch long, about the size of an apple seed. Young bed bugs (nymphs) are quite small and when unfed they appear lighter and almost clear in color.

• Bed bugs do not fly or jump. However, they can crawl very fast.

Bed Bug Bites

• Bed bugs bites often occur on the arms, shoulders, neck and legs.

• The bite can usually be seen as a red bump, up to a centimeter in size and without a red puncture mark in the middle.

• The bites may occur in lines or as a cluster of three or four.

• The bite may appear within hours or delayed up to a week.

• Bed bugs are primarily a nuisance to humans and are not known to transmit disease. Some people have no reaction to bites while other people may experience itchiness and irritation. Try to avoid scratching bites. Questions about bite marks should be directed to a medical provider.

Signs of a Bed Bug Infestation

Usually the first sign of a bed bug infestation is the appearance of red itchy welts on any bare skin that is exposed while sleeping. Next, look for small black or rusty-colored spots on bed linens, pillows, or mattress. These are blood spots and bed bug droppings. Also, look for live bed bugs, eggs, and cast skins.

Inspecting for Bed Bugs

Bed bugs hide close to where people sleep. They prefer fabric, wood, and paper surfaces over metal or plastic. Look for live bed bugs, eggs, cast skins, and blood or fecal spots in these locations: mattresses, box springs, head boards, bed frames, upholstered furniture, recliners, baseboards, behind pictures, under loose wallpaper, draperies, electrical outlets, telephones, radios, televisions, stacks of books, piles of papers, back packs, luggage, futons, gym bags, draperies & curtains, stuffed animals, hollow furniture legs, door frames & hinges, wall / ceiling junction.

Treating Bed Bug Infestations

Complete elimination of a bed bug infestation can be a difficult process and may require the services of a knowledgeable and licensed pest control operator. It may take several treatments to gain control over an infestation. If a “do-it-yourself” method is chosen, only use pesticide products that are labeled to kill bed bugs. Remember to always read and follow the label directions before applying any pesticide product. Here are some additional tips to help eliminate bed bugs.

• Reduce and eliminate clutter. Don’t keep piles of clothes, boxes, toys, shoes, etc. on the floor, under the bed, or in closets. They are prime hiding places for bed bugs.

• Wash infested bedding and clothing in hot water and then dry on a hot setting for at least 30 minutes.

• Encase an infested mattress and box spring in a zippered cover that is labeled and certified “bed bug proof”. Leave the covers on for at least one full year.

• Vacuum bedrooms thoroughly and often. Pay particular attention to the area around the bed and the bed itself. Place the vacuum cleaner bag or contents in a zip-lock plastic bag and discard it in the trash outside.

• Getting rid of bed bugs is a cooperative effort. Follow all recommended preparation guidelines provided by the pest control company prior to each treatment.

• Pesticides labeled to kill bed bugs are available over the counter and may provide effective control. However, if the problem persists or is heavily entrenched, contact a knowledgeable, experienced, and licensed pest management professional for assistance.

• Since bed bugs are difficult to control, plan on several extensive treatments to eliminate an infestation.

• DO NOT USE “Bug Bombs”. These products may kill on contact but they are ineffective against hidden bed bugs. They may make the infestation worse by scattering the bugs throughout the home or apartment.

• If an infestation is suspected in a rental unit, contact the building manager or landlord about the problem. Property owners should contact a professional pest control company for advice and assistance. The Cuyahoga County Board of Health (at (216) 201-2000) is also available to assist.

Preventing Future Infestations of Bed Bugs

• Do not bring discarded bed frames, mattresses, box springs, or upholstered furniture into the home.

• Carefully inspect used or rented furniture prior to bringing it into the home.

• When traveling, inspect the bed, headboard, and furniture upon arrival. Keep suitcases off the floor and bed and inspect them before leaving. Wash and dry all clothing thoroughly after returning home.

• Caulk and seal any cracks and crevices throughout the home, especially in rooms where people sleep.

• Be careful of who stays overnight or sleeps at the house.

Bed Bugs in Nursing Homes

Although no residence is safe, certain populations are particularly prone to bed bug infestations. A troublingly high incidence of bed bug infestations has been reported in nursing homes throughout the country.

Bed bug infestations are a concern for many seniors living in senior housing. Seniors living in a nursing home may be exposed to bed bugs through shared laundry facilities or common sitting areas, or by staying in a room near someone who may have bed bugs.

Bed bugs are attracted to heat and chemicals emitted by humans and survive on human blood. Therefore, nursing homes act as a breeding ground for bed bugs due to the high rate of residents, staff and family members moving about the facility. Furthermore, residents stay in bed for prolonged periods of time and live in close proximity, making it easy for bed bugs to survive.

Recommendations for Residents in Senior Housing

• Keep any living space clutter-free. Clutter provides great hiding spots for bed bugs.

• Bites that appear after sleeping may be an indication that bed bugs are present, even if they do not itch.

• Report a bed bug infestation to the property manager or facility administrator within 24 hours of the pest sighting.

• Do not attempt to control a bed bug infestation alone. Never self treat with pesticides, especially “bug bombs”, which drive bed bugs into adjacent rooms or units.

• Do not remove anything from an infested room until after the room is treated by a pest management professional (PMP).

• Cooperate fully with the recommendations provided by the PMP to prepare rooms for bed bug inspection and treatment. Ask the property manager or administration for help if there are preparation steps that cannot be accomplished alone, such as disassembling or moving furniture. Disabled and elderly individuals should request assistance with preparation.

• Prior to treatment, place all clutter and garbage from infested rooms in sealed plastic bags. Bagged items should remain in the infested room for treatment by a PMP prior to disposal.

• The day of the pesticide treatment, all bedding and clothing should be bagged in plastic, transported to the laundry and laundered using hot water. Dry the items for at least 30 minutes on high heat. Bags used for transport should not be re-used, but should be sealed and disposed with other infested refuse.

Bed bug infestations are a problem that affects everyone. Do not be reluctant to discuss a possible infestation because of embarrassment. It is important to report the infestation to management. The earlier the infestation is addressed, the more likely it will be quickly controlled.

What can I do if my landlord won’t do anything to help with my mental or physical disability? Close

Sometimes there is a connection between a tenant’s physical or mental disability and a lease violation. When this occurs, the tenant may ask the landlord for a reasonable accommodation that will allow the tenant to keep their housing. A tenant may make this request in connection with an eviction action or at any time before eviction.

Some examples of reasonable accommodations include:

  • using a power of attorney to pay the rent on time,
  • having a cleaning service clean the apartment, or
  • moving from a one bedroom to a two bedroom apartment fora live-in aide.

Many older people benefit from a companion animal, based on a doctor’s note that the animal helps with depression or other illnesses.

If there is a connection between the health problem and the lease violation, generally the landlord may not evict for the lease violation. The landlord may deny the reasonable accommodation request if:

  • it would impose a large financial or administrative burden;
  • it would change the nature of the housing provided; or
  • it would not eliminate the direct physical threat to the health and safety of other tenants.

These reasonable accommodation rules apply in both private housing and subsidized housing. When a reasonable accommodation is granted, the tenant must then remain in compliance with the lease. A tenant may also make more than one reasonable accommodation request.

A tenant may also request a reasonable modification to their rental dwelling or to common areas of the building such as wheelchair accessible entryways to both dwelling units and common areas.

If a tenant needs a modification in order to use the apartment or house, the landlord must allow the modification if it is reasonable. In private housing (including section 8 voucher housing), the tenant is required to pay for the modification if it is reasonable.

Tenants who have either a physical or mental disability should consider using a request for reasonable accommodation or modification to obtain or keep affordable housing.

What public benefits and services do I qualify for as an older adult? Close

Northeast Ohio Launches the Aging and Disability Resource Network

 The Western Reserve Area Agency on Aging (WRAAA) has formally launched the Aging and Disability Resource Network (ADRN) in its five county service area of Medina, Lake, Geauga, Lorain and Cuyahoga counties. This Network is composed of a group of offices on aging and non-profit organizations with professional staff who can guide older adults, caregivers and persons with disabilities to services that support independence.

 “The ADRN is the starting point for answers to questions about available community services and supports that can help when the independence of an older adult or person with a disability is challenged” says Ronald Hill, CEO of the WRAAA. “Ohio’s long-term care network is complex and fragmented. Figuring out how to obtain long-term services and supports can be confusing and difficult to navigate. The ADRN provides a new system that offers Northeast Ohio residents a single, consistent, reliable way to access an array of services by making one phone call.”

 Northeast Ohio’s ADRN is coordinated by the WRAAA. The Agency developed a collaborative system among 16 local organizations that are all now functioning as one single system in an effort to provide information, seamless referral and assistance. The ADRN also provides Benefits Assistance service and Options Counseling. The Benefits Assistance service connects individuals to a Benefits Specialist who will screen for eligibility to receive public benefits and help guide them through the application process. Options Counseling is a service that allows older adults, persons with disabilities and caregivers the opportunity to talk with an Options Counselor about community services and supports to fit their needs and preferences; and guide them through what can be a difficult and complicated decision-making process.

Accessing the ADRN is easy. There is a local toll-free number that connects people to professionals who will help identify available public benefits and community- based services. These professionals are trained to present an array of options, creating choices individuals may not have known existed and then following up to ensure the individual secured the supports they needed. ADRN staff recognizes that everyone’s situation is unique and requires personal attention to make certain that all of their needs are met. Anyone, regardless of age, income level or care giving role can contact the ADRN by calling 1.855.585.ADRN (2376).

This FAQ was a story in Volume 28, Issue 1 of “The Alert” – a newsletter for seniors published by Legal Aid.  Click here to read the full issue.

What should I know about creating a Power of Attorney? Close

Ohio’s New Law for Powers of Attorney

Ohio law related to Power of Attorney (POA) documents changed as of March 22, 2012. The old law was replaced with a new law called The Uniform Power of Attorney Act (UPOAA). This new law helps Ohioans because Ohio laws about POAs will now be similar to the law in many other states. 

The new law (UPOAA) has four parts. The first part states the rules for creating and using a power of attorney. The second part defines the authority that can be given to an agent in a POA document. The third part provides a sample form people can use who want to create a POA for property. The fourth part deals with other laws and powers of attorney that were created before the law changed.

The new law provides that a power of attorney created under the UPOAA is “durable” unless the document states otherwise. “Durable” means the POA is effective even if the person who creates it becomes incapacitated. If you do not want your POA to be effective if you become incapacitated, then you must say so in the POA document. The new law also provides that a POA is effective when executed unless it specifically says that it becomes effective at a future date or when a future event occurs.

This change in the law is a good reminder to review your documents and make sure your affairs are in order. If you have a POA created before March 22, 2012, it is valid as long as it met the requirements of Ohio law at the time you created it. If you do not have a POA, now would be a good time to create one.

Legal Aid helps low-income seniors with POAs, health care directives, and wills. Call 1.888.817.3777 to speak with an Intake Specialist at Legal Aid about getting help creating these documents.

This FAQ was a story in Volume 28, Issue 1 of “The Alert” – a newsletter for seniors published by Legal Aid.  Click here to read the full issue.

What if my SS or SSI benefits were denied or stopped because of a warrant for parole or probation violation? Close

The Social Security Administration May Have to Pay Back Benefits Stopped or Denied Because of Probation or Parole Arrest Warrants

For millions of seniors, Social Security or Supplemental Security Income (SSI) is their only income. In the past, the Social Security Administration (SSA) could stop paying benefits to someone who had a warrant for a parole or probation violation. The SSA did not look at whether the person actually violated parole or probation. In many cases, the warrant was based on a minor violation or something easily resolved. 

A national class action lawsuit stopped the SSA from continuing this practice. In a case in New York, Clark v. Astrue, the Court created a nationwide group of people who were affected by the SSA’s practice. This group may now get money paid back to them.

Everyone in the United States who could not get Social Security or SSI benefits because of a parole or probation warrant on or after October 29, 2006, is protected by this case. According to the National Senior Citizens Law Center tens of thousands of people could be affected. The amount of money owed to this group may be hundreds of millions of dollars. If you applied for Social Security or SSI benefits on or after October 29, 2006, and are waiting for a decision, you cannot be denied benefits based only on a probation or parole warrant.

If you applied for Social Security or SSI benefits and were denied benefits on or after October 29, 2006, or benefits were stopped on or after October 29, 2006, based on a probation or parole warrant, you may now be able to get benefits or have benefits paid back to you. If you believe this new rule applies to you, contact the SSA and give them your current address so you receive notice if you are owed money.

You can call the Social Security Administration at: 1.800.772.1213 TTY users should call 1.800.325.0778

This FAQ was a story in Volume 28, Issue 1 of “The Alert” – a newsletter for seniors published by Legal Aid.  Click here to read the full issue.

Does Medicare cover preventative services? Close

Preventive Services Covered By Medicare

 Medicare is a national health insurance program for people ages 65+ and younger people with certain disabilities.

The 2011 Affordable Care Act expands the list of preventive care services you can get for free. Medicare recipients can now receive annual wellness visits to their doctor, flu shots and tests like prostate cancer screenings and mammograms.

When you become eligible for Medicare Part B (outpatient insurance), you can get a Welcome to Medicare Preventive Visit. Your doctor will review your medical history and plan your preventive care needs.

After this first consultation, you can see your doctor for an Annual Wellness Visit every year.

For most preventive care, you’ll usually pay nothing out of pocket if you have original Medicare and see providers who accept assignments. “Accepting assignments” means that they accept Medicare’s approved amount as full payment for a service. However, you may have to pay a deductible or coinsurance if your doctor has to do further tests or procedures.

Medicare completely covers certain other preventive care services for patients who have certain risk factors for disease. This applies to such services as diabetes screenings, bone mass measurements and testing for glaucoma. 

There are new preventive care services offered by Medicare since the fall of 2011. New services include screenings for depression, misuse of alcohol and obesity. There is also dietary counseling for people who are overweight and a cardiovascular risk reduction visit for combating heart disease. 

Starting in 2012, if you’re in a Medicare Advantage plan, your plan can’t charge you for preventive care services that are free for people with original Medicare. You are, however, required to see network providers within the plan.

You can learn more about Medicare’s preventive services by visiting www.medicare.gov. You can also call 1.800.MEDICARE (1.800.633.4227). TTY users should call 1.877.486.2048.

This FAQ was a story in Volume 28, Issue 1 of “The Alert” – a newsletter for seniors published by Legal Aid.  Click here to read the full issue.

What is a Benefits Check-Up and where can I get one? Close

Benefits Check-Up

 Benefits Check-ups provide seniors with information about help that may be available to pay some bills. A Benefits Check-up will let you know if you can get help paying Medicare premiums, prescription costs, heating bills, phone bills and other expenses. You might also learn about nutrition and food stamp programs, property tax relief, home energy assistance programs and senior employment programs. Many government programs help adults 55 and older with these issues.

 A Benefits Check-up is free and safe. You will have to provide some information about your income and background. In most cases, you do not have to provide identifying information, such as your Social Security number. If you complete a Benefits Check-up, you will receive a confidential report in the mail. The report lists the help you can get and how to apply for it.

 You can ask for a Benefits Check-up at many places. Call 2-1-1 for a location close to you.

 In Cuyahoga County, volunteers with the Department of Senior & Adult Services work with seniors in various communities. If you want to make an appointment, receive an application by mail, or complete a telephone screening, call the Intake Line at 216.420.6840.

 In Cuyahoga, Geauga, Lake, Lorain and Medina counties, seniors can also ask for a Benefits Check-up by calling the Western Reserve Area Agency on Aging (WRAAA’s) ADRN line at 1.855.585.ADRN (2376).

 In Ashtabula, seniors should call Area Agency on Aging at 1.800.686.7367.

 Seniors who speak a language other than English can call Asian Services in Action, Inc. at 216.881.0330. Bilingual counselors can provide brochures in Arabic, Chinese, Korean, Russian, Spanish and English.

 Seniors can do a Benefits Check-up online. A trusted friend or relative, even someone who lives out of town, can help you do this. If you live in Cuyahoga County, use the online form at http://dsas.cuyahogacounty.us/ en-US/benefits-checkup.aspx. For anywhere in Ohio, use http://www.benefitscheckup.org.

If you want information on whether you qualify for help with property taxes, water and sewer bills, local phone services, prescription drugs, and other expenses, call one of the numbers listed above to ask for a Benefits Check-up.

This FAQ was a story in Volume 28, Issue 1 of “The Alert” – a newsletter for seniors published by Legal Aid.  Click here to read the full issue.

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