As a non-profit organization dedicated to pursuing justice for those in need, we are constantly striving to make a positive impact in our community. The Charlotte Center for Legal Advocacy is pleased to introduce our newly elected Board Chair 2023-2024, Gwendolyn W. Lewis. With her at the helm, we are confident that the Advocacy Center will reach new heights and continue to create lasting change.
Gwendolyn is an attorney and problem-solver that is passionate about assisting her clients with resolving issues using creative processes. She assists businesses, healthcare professionals, educational institutions, and a wide range of companies with advice and counsel, civil litigation, complex labor and employment litigation and professional liability litigation, among other matters.
In addition to her primary role, and on top of her current dedication to the Charlotte Center for Legal Advocacy’s Board of Directors, Gwendolyn is a current member of the Lifespan Services Board of Directors and a former member of the North Carolina Bar Association’s Board of Governors and Foundation Board of Directors. She promotes pro bono and public service in many of her community activities and leads the NCBA’s Charlotte region of its 4ALL Statewide Day of Service.
Gwendolyn values her relationships with her colleagues and the community and has been recognized by North Carolina Super Lawyers in Employment Law Defense, has been elected to Business North Carolina magazine’s Legal Elite for Employment Law, Litigation and Young Guns. She has been selected as a Leader in the Law and recognized by Best Lawyers in America in Healthcare Litigation, Labor and Employment Litigation and Employment Law Management.
Gwendolyn hails from Richmond, Virginia, where her father was a minister and entrepreneur and her mother a long-time child-care provider. She earned her B.S. in Criminal Justice from North Carolina A&T State University and her J.D. from Elon University School of Law.
Gwendolyn will be supported by the following newly appointed 2023-2024 Board Members and Officers. We invite all our supporters, volunteers, and community members to join us in congratulating Gwendolyn on their new role!
To meet our Board of Directors, please click here.
As States Purge Medicaid Rolls, Legal Aid Groups Step Up
North Carolina resident Anthony Brooks spent the last few weeks rushing to schedule doctor’s appointments and procedures to treat his chronic heart problems.
The 57-year-old is set to lose his health care coverage through Medicaid at the end of the month, so he is racing to set up surgery to implant a defibrillator his doctors said Brooks needs.
“I can’t afford insurance,” said Brooks, who worked as a traveling home health aide for the elderly until he suffered a heart attack last September. “This is devastating to me.”
Meanwhile, in Florida, Gillian Sapia was shocked when her 5-year-old daughter Penelope’s occupational therapist texted her the day before a scheduled session in May to tell her Penelope was no longer covered by Medicaid.
Penelope, who has been on Medicaid her whole life, has a rare metabolic disorder called classic galactosemia, as well as other health conditions. After the message from her daughter’s therapist, Sapia began a frustrating pursuit to get answers from the state’s Department of Children and Families.
“I spent like a week trying to get somebody, and it was just hours and hours of phone calls,” Sapia said, only to eventually receive conflicting information.
Brooks and Penelope are among the millions of Americans who have recently faced losing their coverage as states have started to review eligibility for the first time since 2020.
During the COVID-19 pandemic, the federal government prohibited states from kicking people off Medicaid because of a “continuous coverage requirement” linked to the federal health emergency. But that requirement ended March 31, allowing states to once again start cutting Medicaid rolls.
Both Brooks and Gillian Sapia turned to legal aid organizations for help.
Across the country, nonprofit legal groups are working to raise awareness about the changes, help people appeal coverage terminations and educate beneficiaries about their rights.
Attorneys report that as states undertake the massive review, beneficiaries are experiencing confusion, difficulty getting answers and processing errors.
“This is a very complex process that states have to implement,” said Cassidy Estes-Rogers, an attorney and program director with the Charlotte Center for Legal Advocacy, the North Carolina organization Brooks went to for guidance. As renewal paperwork has started to go out, “at the beginning of the month, we see a huge volume of calls with just absolutely confused people.”
Regresó el Límite de Tiempo de Tres Meses para el Programa de Cupones de Alimentos
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¿Qué es el límite de tiempo de tres meses?
Empezando en julio 1, 2023, si usted es menor de 50 años y no vive con niños, solo podrá recibir cupones de alimentos durante tres meses, a menos que esté trabajando o cumpla con alguna excepción.
Excepciones: NO tiene un límite de tiempo si:
Tiene 50 o más. Es menor de 18 años
Reside en un hogar con niños, que recibe cupones para alimentos
Cuenta con un beneficio basado en discapacidad (Seguro Social, SSI, pensión VA, compensación de trabajadores, seguro privado)
No es apto para trabajar en este momento según criterio médico
Se encuentra estudiando o tomando clases, al menos media jornada (aplican reglas especiales)
Está embarazada
Ha solicitado o recibe beneficios de desempleo
Se encuentra en un programa de tratamiento de drogas/alcohol o en necesidad de este tratamiento
No tiene hogar
Cuida a una persona discapacitada
No puede trabajar 20 horas a la semana.
Se aplican algunas otras excepciones
¿Cómo puedo mantener mis cupones de alimentos si el límite de tiempo me aplica?
Trabajar al menos 20 horas a la semana. Dentro de un trabajo, su propio negocio o en cambio de bienes y/o servicios.
Ser voluntario 20 horas/semana
Realizar capacitación laboral a través de DSS 20 horas/semana
Cualquier combinación de las anteriores sumando hasta 20 horas/semana
Llame a su DSS local si tiene preguntas sobre
El límite de tiempo o si necesita ayuda para demostrar que el límite no le aplica. O si desea encontrar opciones de trabajo voluntario o capacitaciones:
Contacte a una de las siguientes organizaciones mencionadas a continuación
Si sus cupones de alimentos fueron suspendidos o negados, o si desea hablar con un abogado sobre sus derechos.
Preguntas frecuentes:
¿Qué debes hacer si crees que una de estas razones le aplica?
Contacte a su DSS local. Si su trabajador de caso determina que una de estas razones le aplica, no será necesario que siga estas Reglas de Límite de Tiempo. Es posible que se requiera evidencia de una excepción o el cumplimiento de los requisitos de trabajo. En tal caso, tiene el derecho de solicitar que el DSS le ayude a recopilar pruebas.
¿Qué sucede si tuve una buena razón para no trabajar?
Si tuvo una “buena causa” para trabajar menos de 20 horas/semana, el DSS no debería terminar sus cupones de alimentos. Buenas causas para no cumplir con las horas de trabajo incluyen enfermedad, problemas de transporte o mal tiempo que haya cerrado el lugar de trabajo. El DSS solicitará pruebas de la buena causa.
¿Qué sucede si mis beneficios de cupones de alimentos se reducen o terminan debido al límite de tiempo pero no debería haberse terminado?
El DSS está obligado a brindarle un aviso por escrito antes de una reducción o terminación propuesta de los beneficios, con al menos 10 días hábiles antes de que tome dicha acción. El aviso debe indicar el motivo de la acción, la fecha efectiva de la acción, el nombre y la información de contacto de la persona con la que debe comunicarse para solicitar más información o solicitar una audiencia justa para impugnar la acción. En la recertificación, su trabajador de caso deberá revisar su elegibilidad para excepciones de manera retroactiva.
Tiene el derecho de solicitar una audiencia si no está de acuerdo con la decisión del DSS. Esta puede ser solicitada contactando a su DSS local en persona, por teléfono o por escrito.
¿Qué otra información debería conocer?
Puede recuperar sus beneficios si comienza a cumplir con los requisitos de trabajo o con alguna de las excepciones. También puede calificar para un segundo período de 3 meses de cupones de alimentos si cumplió con las reglas de trabajo en el pasado. Asegúrese de proporcionar al DSS la información más actualizada sobre su empleo o excepciones.
¿Qué otros recursos alimentarios están disponibles?
WIC: Si tiene un hijo menor de 5 años y/o está embarazada o amamantando, es posible que sea elegible para WIC. Obtenga más información sobre WIC y complete una referencia a WIC en línea en https://www.ncdhhs.gov/ncwicreferral.
211: Visite www.nc211.org o marque 211 para conectarse con recursos comunitarios de alimentos.
What is the Three-Month Time Limit for Food Stamps?
Starting July 1, 2023, if you are an adult under 53 (under 55 as of October 1, 2024) who does not live with children, you can only receive food stamps for three months unless you are working or meet an exception. These are known as the ABAWD rules (Able-Bodied Adults Without Dependents). These requirements may only apply to some people in your household.
The ABAWD time limit was suspended through the Families First Coronavirus Response Act beginning on April 1, 2020. The three-month time limit returned to North Carolina on July 1st, 2023.
Exceptions – You do NOT have a time limit if you are:
Age 53 or older (55 or older as of October 1, 2024)
Under age 18
Living with children (even if not yours)
Pregnant
Foster children under age 25 (had to be in foster care at the time of their 18th birthday)
In school or taking classes at least part-time (special rules apply; exempted through work registration rules)
Veterans (includes all branches, reserve components and National Guard, regardless of discharge characterization)
Receiving a disability-based benefit (Social Security, SSI, VA pension, Workers Comp, private insurance)
Caring for a disabled person or child under 6 (does not need to live in same household; exempted through work registration rules)
Unfit for work at this time according to a doctor’s office
Unable to work 20 hours per week
Applying for or getting Unemployment Benefits (exempted through work registration rules)
If you are making over $217.50 per week, regardless of number of hours worked (exempted through work registration rules)
In a drug or alcohol treatment program or in need of that treatment
Homeless
Some other exceptions apply
How can I keep my food stamps if the time limit applies to me?
Work at least 20 hours/week, including at a job, your own business, or in exchange for goods or services
Do job training through DSS 20 hours/week
Volunteer 20 hours/week
Any combination of the above
Call your local Department of Social Services (DSS) if you have questions about the time limit, you need help showing the limit does not apply to you, or to find volunteer work or training:
Phone number: 704-920-1400 1303 S Cannon Blvd, Kannapolis, NC 28083
Contact one of the organizations below if your food stamps are stopped or denied, or if you would like to speak with a lawyer about your rights. FREE legal assistance is available:
What should you do if you believe one of the exceptions apply to you?
Contact your local DSS. If your caseworker finds that one of these reasons apply to you, you will not need to follow these Time Limit Rules. Proof of an exception or meeting the work requirements may be required. If so, you have the right to request that DSS assist you in gathering proof.
What if I have a good reason for missing work?
If you have a “good cause” for working under 20 hours/week, DSS should not terminate your food stamps. Good causes for missing hours of work include: illness, transportation issues, or bad weather that shut down the workplace. DSS will ask for proof of the good cause.
What if my Food Stamp benefits are reduced or end due to the time limit but should not have been?
DSS is required to give you advanced written notice of a proposed reduction or termination of benefits of at least 10 business days before they take such action. The notice must state the reason for the action, the effective date of the action, and the name and contact information of the person to contact to request more information or to request a fair hearing to challenge the action. At recertification, your caseworker must review your eligibility for exceptions retroactively.
You have the right to request a hearing if you do not agree with DSS’s decision. You can request a hearing by contacting your local DSS in person, by telephone, or in writing.
What else should I know?
You can get your benefits back if you start meeting the work requirements or an exception. You may also qualify for a second 3-month period of food stamps if you met the work rules in the past. Make sure you are providing DSS with the most current information regarding your employment or exceptions.
What other food resources are available?
WIC: If you have a child under 5 and/or are pregnant or breastfeeding, you may be eligible for WIC. Learn more about WIC and complete a WIC referral online at https://www.ncdhhs.gov/ncwicreferral.
211: Visit www.nc211.org or dial 211 to be connected to community food resources.
‘Unwinding’ could undermine Medicaid expansion in North Carolina
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By Jaymie Baxley
DHHS thinks 300,000 could lose coverage following the end of a federal mandate that protected enrollees during the COVID-19 pandemic.
When Medicaid expansion was signed into law earlier this year by Gov. Roy Cooper, it was widely heralded as a transformative event for uninsured people in North Carolina.
Amid the bipartisan celebration, there was little mention of the hundreds of thousands of existing enrollees who are expected to lose Medicaid coverage before expansion goes into effect. Few of the revelers acknowledged the less-than-ideal timing of the legislation, which passed just days before the expiration of a federal mandate that had prevented states from kicking Medicaid beneficiaries who became eligible for coverage during the COVID-19 pandemic off of the rolls.
Known as the continuous coverage requirement, the three-year-long mandate ended on April 1, the same week expansion became law. The so-called unwinding of this continuous coverage rule means the state must redetermine the eligibility of more than 2.9 million people who are currently receiving Medicaid. It’s an unprecedented undertaking that some health care advocates fear will trigger a wave of unwarranted terminations.
Before the pandemic, Medicaid recipients usually experienced an annual or semiannual review to verify that they continued to qualify for coverage. But many of the state’s more recent enrollees, who gained coverage during the public health emergency, have never gone through the process. Statewide enrollment grew 36 percent during the pandemic, with over 797,000 people newly qualifying for coverage from March 2020 until April of this year.
We sat down with Toussaint for a mini-interview to hear more about his first year at the Advocacy Center.
Q: Tell us about your first year as CEO at Charlotte Center for Legal Advocacy.
A:The first year has been incredibly rewarding. I have been fortunate to step into an organization that has had a strong presence in the community for over 50 years, led by a team of advocates that are passionate about fighting for those in crisis in our community. It’s been gratifying to see the staff develop and to encourage new leaders to emerge. We have come together as a team to address our challenges and identify new opportunities for growth. I’m excited to see what is possible in year two and beyond!
Q: What do you think is the greatest strength of the Advocacy Center?
A: The unwavering support of our community and the attorneys and advocates that show up every day on behalf of our clients, united by a strong mission. I am inspired by the staff’s driving commitment to prioritize the needs of our clients, their willingness to challenge the systemic status quo, and their ability to creatively solve problems to create tangible resolutions for those in crisis. Many of our staff members have personal experiences that allow them to relate to what our clients are experiencing, which is crucial to building an empathetic dialogue.
Q: How have you been able to connect with the community?
A: I take every opportunity I can to be out in the community. I want to hear directly from the individuals we serve and to understand how we can grow as an organization to meet our community’s changing needs. We want our clients to know they have someone on their side, ready to listen, and ready to fight for them. As legal service providers, it can be easy to assume that we are the experts, but no one knows the situation better than the clients themselves. To be successful, we must view our work as a collaboration between ourselves, our clients, and other critical community organizations.
Q: What is your vision for the future of the Advocacy Center? (or) How do you see the organization changing in the next five years?
Thanks to continued support from our community, I envision a strong future for the Advocacy Center. If we are to truly serve our clients, we must think about how we can advocate in a holistic way. This means empowering our community through outreach and education opportunities, continuing to advocate for systemic changes that address the underlying issues impacting our clients, expanding our legal services to fully address the most pressing needs of our clients, and strengthening our connections with community partners to provide access to resolutions for our clients, but not only when they are in crisis.
Local Immigration Org Expects Surge in Demand Following Title 42 Repeal
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By Ryan Pitkin
With the repeal of the federal public health emergency order on May 11, residents will see a drop in COVID-19 tracking and testing, among other changes, while some non-residents face a more unsure future. Title 42, a provision that has been used to temporarily suspend immigration into the United States during public health emergencies, was also allowed to expire on Thursday.
While the expiration of the order is expected to lead to backups at the Mexican border, it may also lead to an influx in migrants in the Charlotte area, home to the only federal immigration court in the Carolinas.
The Charlotte Center for Legal Advocacy (CCLA) is preparing to assist Charlotte-area migrants who may be affected by the ending of Title 42, “adapting to the changing legal environment in order to address the increasing needs of the migrants coming to the area,” according to a release put out by the organization on Thursday.
“With the ending of Title 42 today, the Advocacy Center recognizes the need for urgent support to migrants who may have been impacted by this provision,” said Sharon Dove, director of the CCLA’s Immigrant Justice Program. “We are committed to the protection and support of our community and to defending all immigrants — both the newly arrived and those who have been here longer — in removal proceedings.”
CCLA is offering free legal consultations at its Pro Bono Room in east Charlotte, a small room located next to the waiting room at Charlotte Immigration Court, 5701 Executive Center Drive. The consultation aims to empower someone caught up in the deportation process to make an informed choice about whether to spend money on legal fees, which can be extraordinarily expensive, or learn how to represent themselves “pro se” if that’s what they choose to do.
Charlotte Center for Legal Advocacy welcomes the expiration of Title 42, a public health law that was manipulated to expel vulnerable asylum seekers at our border since March 2020. At the same time, we express our grave concern that the Biden administration’s “transit ban”, which becomes effective immediately upon the expiration of Title 42, will deny asylum to vulnerable migrants who do not first seek asylum in countries through which they transit on their way to the United States.
With the anticipated surge in migration, we urge the community to consider the humanitarian crisis underlying this fraught political issue. As an organization, we are prepared to adapt and pivot to the changing legal environment to serve the best interests of our clients. We will continue to advocate for policies to ensure fair and humane treatment of migrants and pledge to continue our internal efforts to assist asylum seekers in our community. It is more important than ever that we have sufficient staffing, resources, and coordination among organizations working with migrants on both sides of the border. These efforts will ensure due process and the equitable treatment of all people seeking protection.
Our newly arrived neighbors should know that help is available. As they defend their right to remain in the US, it is important to ascertain whether they are eligible for any form of immigration relief. Immigrants in removal proceedings can obtain this advice, free of charge, from an immigration attorney in the “Pro Bono Room”, a small room the Advocacy Center staffs next to the Charlotte Immigration Court waiting room. The Pro Bono Room consult empowers the individual to make an informed choice about whether to spend money on legal fees, which can be extraordinarily expensive. Immigrants are also provided with guidance about how to represent themselves pro se.
Advocacy Center hours in the Pro Bono Room are Tuesdays and Wednesdays from 9:00 a.m.-12:00 p.m. The Charlotte Immigration Court is located at 5701 Executive Center Drive, Charlotte, NC in the fourth-floor suite.
We urgently need community support to ensure that our organization can continue to provide critical assistance to the many vulnerable migrants affected by the end of Title 42. Community donations will enable us to expand our services and support more individuals in need, including those who may have been impacted by the policy changes. Please donate to help us ensure that no migrant is left without hope.
Learn about VA Benefits with Emon Northe | Francene Marie Show
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Emon Northe, attorney and Veterans Legal Services Unit Manager, joins the Francene Marie Show to share important information about the legal issues facing veterans and the services Charlotte Center for Legal Advocacy provides.
It shouldn’t take 5 years for the US to help protect NC immigrants like Santos | Opinion | The Charlotte Observer
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By Sharon Dove
In 2000, Congress created the U visa to provide protection from deportation and work authorization for crime victims brave enough to come forward against the individuals who violently abused them.
The U visa was designed to help non-citizens who are victims of crimes in the U.S., such as trafficking, domestic violence and sexual assault, and have suffered substantial mental or physical abuse. Congress intended for them to receive a U visa within months of applying, but applicants now wait an average of five years for the promised protection.
During the extraordinarily long wait, U visa applicants — already struggling against the trauma left in the wake of violent crime — must fight grinding poverty and keep the government’s push to deport them at bay.
Many do not make it. Some are deported during the wait, some give up hope and return to their home country.
At the Center for Legal Advocacy in Charlotte, where I direct the Immigrant Justice Program, we have a client named Santos who has a young son. I am not using her full name to protect her identity. Her story illustrates by this five-year wait matters to all of us — why it matters to communities across North Carolina.
Santos called the police after 14 years of abuse that she and her children endured by her boyfriend.
One night, Santos’ boyfriend beat her with his fists and an electrical cord. Bleeding and bruised, she thought her boyfriend intended to kill her. The police arrested the boyfriend and a criminal prosecution ensued.
We filed Santos’ U visa application in December 2015, identifying a son who still lived with her as a derivative applicant. Then, the wait began. Living with the uncertainty of her U visa application status, Santos struggled as a single parent to support her family with a cleaning job that paid only $8.50 an hour. She found the job through an acquaintance who agreed to look the other way at Santos’ immigration status. Santos had no other options. She supplemented her meager income with frequent visits to the local food pantries.
In February 2019, the ground opened underneath Santos when an immigration judge ordered her son’s deportation. By then he was 16. His pending U visa application legally afforded him no protection against removal. As a result, a teenager with a solid claim to status was about to be forced to leave his family and resettle in Honduras.
Our office successfully filed an appeal of the deportation order, which allowed Santos’ son to remain in the United States pending his appeal. Other respondents are not as fortunate. Only 20% of immigrant respondents in the Charlotte Immigration Court are represented by legal counsel. Without legal counsel, it is virtually impossible for an individual to file an appeal.
Five years of waiting ended in December 2020 when Santos and her son received their U visas. Santos proudly presented her work permit to her employer, and her hourly wage immediately increased from $8.50 to $15.50. Her visits to the food pantries stopped. Within months, she was able to sign a contract to purchase her home. Her increased salary and the Social Security Number afforded by the U visa made it all possible.
Santos was lucky to make it to the end of her five-year wait. Many applicants do not share that experience.
It is inexcusable that U.S. Citizenship and Immigration Services takes an average of five years to provide violent crime victims the protection that Congress intended them to have within months of applying for the U visa. It is our hope that the two federal lawsuits filed by the Charlotte Center for Legal Advocacy, Legal Aid of North Carolina, the North Carolina Justice Center, and private attorney Brad Banias will put an end to the delays.
Approximately 170,000 immigrants in the United States are waiting — like Santos did — for adjudication of their U visa applications. These individuals are already cooperating with law enforcement; it’s required to get a U visa. The long delays put them — and our communities — in danger.
Sharon Dove is a Charlotte attorney who is Director of Immigrant Justice Program at Charlotte Center for Legal Advocacy.
