Category: Client Resources

U.S. COURT RULING BLOCKS MARKETPLACE ACCESS FOR DACA RECIPIENTS, BUT NOT FOR THOSE WHO ARE NORTH CAROLINA RESIDENTS 

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Charlotte, N.C. – A Dec. 9, 2024, federal court decision blocked access to the Health Insurance Marketplace® for DACA recipients living in states that challenged a Biden administration ruling earlier this year making them eligible; the Dec. 9 court decision does not apply to N.C. This means that DACA recipients and other lawfully present immigrants who reside in N.C. can still access affordable health insurance via the HealthCare.gov Marketplace. The Charlotte Center for Legal Advocacy (Advocacy Center) is part of the NC Navigator Consortium; their health insurance navigators are standing by to help residents of Cabarrus, Mecklenburg and Union Counties get covered via HealthCare.gov or N.C. Medicaid.

“To reiterate, this ruling does not impact any eligible North Carolina resident who wants to use the Marketplace to find a high-quality health plan that is affordable,” said Natalie Marles, the health insurance navigator project manager for the Advocacy Center. She added that DACA recipients and eligible immigrant groups are also eligible for financial assistance and subsidies.

As for the future of the Affordable Care Act, Marles added, “Even though this recent ruling has national implications for the future, it will not affect North Carolina residents for this Open Enrollment period or the coverage that they have enrolled in or will secure for 2025.”

These groups are also eligible for a special enrollment period (SEP) that enables them to secure coverage quicker. According to the Centers for Medicare & Medicaid Services (CMS):

“Newly eligible individuals, including DACA recipients, will qualify for a special enrollment period to enroll in a QHP through the Marketplace during the 60 days following November 1, 2024 … Consumers who apply for coverage through a SEP during December 2024 can have their Marketplace coverage begin as early as January 1, 2025, if they meet all other eligibility requirements.” This means those who enroll by Dec. 31, 2024, can get coverage that starts Jan. 1, 2025, or Jan. 15, 2025, to start coverage in February 2025 or even beyond.

For those not included in the SEP, the current HealthCare.gov Open Enrollment period will run through Jan. 15, 2025. Those looking to start coverage on Jan. 1, 2025, will need to enroll before this Sunday, Dec. 15, 2024. 

During Open Enrollment, health insurance navigators at the Advocacy Center work directly with everyone eligible in Cabarrus, Mecklenburg and Union Counties to help them save money on high quality, affordable health insurance plans on the HealthCare.gov Health Insurance Marketplace. (Navigators also help those eligible enroll in NC Medicaid.) HealthCare.gov Open Enrollment will run Nov. 1, 2024, through Jan. 15, 2025. More information is available at charlottelegaladvocacy.org/getcovered.

As a member of the NC Navigator Consortium, Charlotte Center for Legal Advocacy navigators are available to provide free, unbiased advice to residents of Cabarrus, Mecklenburg and Union Counties. Navigators are federally certified and extensively trained in the insurance plan options offered by the Marketplace, in addition to cost-sharing reductions and premium tax credits eligibility. Additional assistance is provided to consumers who are disabled, do not speak English or are unfamiliar with health insurance.

Free appointments with a local navigator can be made using the statewide appointment hotline at 1-855-733-3711 or local at 980-256-3782 or online at charlottelegaladvocacy.org/getcovered. 

Charlotte Center for Legal Advocacy can provide those in need with information, advice and advocacy in consumer protection, home preservation, health care access and public benefits, immigration, tax assistance and more. Our mission is to pursue justice for those in need. Our vision is to build a just community, where all people are treated fairly and have access to legal representation to meet their basic human needs of safety, economic security and stability. Learn more: charlottelegaladvocacy.org. 

Started in 2014, the NC Navigator Consortium is the only federally funded Navigator entity in the state that serves all 100 counties across North Carolina. Learn more at ncnavigator.org, and follow us on Facebook, Twitter and Instagram. Members of the Consortium are Access East, Care Ring, CareReach, Charlotte Center for Legal Advocacy, Council on Aging of Buncombe County, Cumberland HealthNET, HealthNet Gaston, Kintegra Health, Mountain Projects, NC Field and Pisgah Legal Services. The Consortium is led by Legal Aid of North Carolina. 

Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity. Learn more at legalaidnc.org. Follow us on Facebook, Twitter, Instagram, LinkedIn and YouTube. 

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Prepare for Tax Season with Free Community Tax Talks

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With tax season around the corner, Charlotte Center for Legal Advocacy’s North Carolina Low-Income Taxpayer Clinic (Tax Clinic) is hosting a free community Winter Tax Talks series to help equip attendees with the knowledge and resources they need to navigate tax season with confidence. 

December Event: Reminders for Tax Season

The next community Tax Talks will be held on Dec. 4 and 5 and will provide information and resources to prepare attendees for tax season. Topics include: 

  • Preparing for tax season 
  • Avoiding tax scams 
  • Understanding filing requirements 
  • Accessing free tax-filing resources 

Event Details:

  • December 4 (in Spanish): 6 p.m. via Facebook Live on the Advocacy Center’s page 
  • December 5 (in English): 6 p.m. in-person (5535 Albemarle Road, Charlotte) and via Facebook Live on the Advocacy Center’s page 

This year, the Tax Clinic has delivered presentations and created resources to help inform North Carolinians about various tax-related topics, including self-employment taxes (November’s Tax Talk) and understanding the tax implications of online sports betting in North Carolina. 

The North Carolina Low-Income Taxpayer Clinic, a program of Charlotte Center for Legal Advocacy, provides free representation for low-income taxpayers in federal and state tax disputes while educating individuals about their rights and responsibilities as U.S. taxpayers. 

Charlotte Center for Legal Advocacy provides those in need with information, advice and advocacy in consumer protection, home preservation, health care access and public benefits, immigration, tax assistance and more. Our mission is to pursue justice for those in need. Our vision is to build a just community, where all people are treated fairly and have access to legal representation to meet their basic human needs of safety, economic security and stability. Learn more: charlottelegaladvocacy.org. 

Recent changes SSI program allows more people to keep their full benefits

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On September 30, 2024, three significant changes were made to the Supplemental Security Income (SSI) program, which will help thousands of people get more SSI benefits. 

Previously, the Social Security Administration (SSA) reduced SSI benefits for people who received help from friends, family, or others in certain situations. This is called In-Kind Support and Maintenance (ISM), which lowers the monthly income for people on SSI. 

However, SSA has made changes to ISM limitations to allow more people on SSI to get help with food and housing costs.  

As of September 30, 2024:

Update: SSI recipients will no longer face benefit reduction for getting help with food or groceries. 

Old rule: Previously, disabled people’s benefits could be cut by up to one-third if they received any kind of help with food—even for something as minor as a family member bringing them groceries. 

Update: SSI recipients will no longer face benefit reduction for receiving any discount to their housing cost, as long as they spend at least one-third of their monthly SSI payment on rent. 

Old rule: Previously, disabled people were penalized for renting a place that was cheaper than what Social Security considered the market rate. This included renting a place from a friend or family member who was charging only a small amount of rent. 

Update: SSI recipients who live in a household with any other person on certain public benefits, including SNAP (or food stamps), will not have their SSI benefits reduced for that reason. 

Old rule: Previously, disabled people were exempt from SSI benefit cuts if they lived in a “public assistance household,” which was a household where every person living there received certain public benefits like TANF cash assistance. SNAP was not previously included in the list of eligible public benefits. Now, if an SSI recipient lives with any other person receiving public benefits, including SNAP benefits, their SSI benefits will not be cut for that reason. 

Please note: The changes to SSI should be implemented automatically. If you encounter any issues or believe the new rules are not being applied correctly, please contact us at 704-376-1600 for assistance.

HealthCare.gov OPEN ENROLLMENT 2025 KICKOFF PRESS CONFERENCE HIGHLIGHTS NEW INSURANCE MARKETPLACE RULING FOR DACA RECIPIENTS

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Charlotte, N.C. – HealthCare.gov Open Enrollment 2025 kicked off today with a press conference in Charlotte hosted by Charlotte Center for Legal Advocacy (Advocacy Center) and the NC Navigator Consortium with experts who explained the final rule that allows DACA recipients and other immigrant groups to purchase health insurance through HealthCare.gov. The event also included guest speaker Endy Mendez who is a DACA recipient and health insurance navigator working for the NC Navigator Consortium in Winston-Salem, N.C. After the press conference, navigators helped consumers enroll in and update their HealthCare.gov plans.

During Open Enrollment, health insurance navigators at the Advocacy Center work directly with everyone eligible in Cabarrus, Mecklenburg and Union Counties to help them save money on high quality, affordable health insurance plans on the HealthCare.gov Health Insurance Marketplace®. (Navigators also help those eligible enroll in NC Medicaid.) HealthCare.gov Open Enrollment will run Nov. 1, 2024, through Jan. 15, 2025. More information is available at charlottelegaladvocacy.org/getcovered.

“November 1 marks an important milestone for DACA recipients and many more people who are called ‘lawfully present immigrants’,” said Natalie Marles, the health insurance navigator project manager for the Advocacy Center. “Not only will they have access to healthcare, they may qualify for premium tax credits and other savings on Marketplace plans.”

According to HealthCare.gov: “The term ‘lawfully present’ includes immigrants who have:

  • ‘Qualified non-citizen’ immigration status.
  • Humanitarian statuses or circumstances (including Temporary Protected Status, Special Juvenile Status, asylum applicants, Convention Against Torture, and victims of trafficking).
  • Valid non-immigrant visas.
  • Legal status conferred by other laws (temporary resident status, LIFE Act, Family Unity individuals).”

“More than 20,000 DACA recipients reside in North Carolina according to U.S. Citizenship and Immigration Services, and because of the new rule, they are now eligible for Marketplace plans,” said Marles. “These North Carolinians are your friends, neighbors and coworkers.”

“I am a DACA recipient myself and am currently struggling with renal failure,” said Mendez, a dedicated advocate for the immigrant community in Forsyth and Guilford Counties, N.C. “The lack of access to (the Affordable Care Act) had a huge impact in my life last year.” Mendez has been a health insurance navigator since July 2024, helping others gain access to affordable health coverage. 

“There are still many subsidies and tax credits available through HealthCare.gov, and four out of five families can get coverage for less than $10 a month,” said Nicholas Riggs, director of the NC Navigator Consortium. “It’s important to remember that those who are eligible for NC Medicaid can also use our health insurance navigators to learn more and enroll.”

As a member of the North Carolina Navigator Consortium, Charlotte Center for Legal Advocacy navigators are available to provide free, unbiased advice to residents of Cabarrus, Mecklenburg and Union Counties. Navigators are federally certified and extensively trained in the insurance plan options offered by the Marketplace, in addition to cost-sharing reductions and premium tax credits eligibility. Additional assistance is provided to consumers who are disabled, do not speak English or are unfamiliar with health insurance.

Free appointments with a local navigator can be made using the statewide appointment hotline at 1-855-733-3711 or local at 980-256-3782 or online at charlottelegaladvocacy.org/getcovered. 

Charlotte Center for Legal Advocacy can provide those in need with information, advice and advocacy in consumer protection, home preservation, health care access and public benefits, immigration, tax assistance and more. Our mission is to pursue justice for those in need. Our vision is to build a just community, where all people are treated fairly and have access to legal representation to meet their basic human needs of safety, economic security and stability. Learn more: charlottelegaladvocacy.org.

Started in 2014, the NC Navigator Consortium is the only federally funded Navigator entity in the state that serves all 100 counties across North Carolina. Learn more at ncnavigator.org, and follow us on Facebook, Twitter and Instagram. Members of the Consortium are Access East, Care Ring, CareReach, Charlotte Center for Legal Advocacy, Council on Aging of Buncombe County, Cumberland HealthNET, HealthNet Gaston, Kintegra Health, Mountain Projects, NC Field and Pisgah Legal Services. The Consortium is led by Legal Aid of North Carolina. 

Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity. Learn more at legalaidnc.org. Follow us on Facebook, Twitter, Instagram, LinkedIn and YouTube. 

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Health Insurance Marketplace Open Enrollment FAQ

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When is Open Enrollment for the Health Insurance Marketplace?

Open Enrollment for the Health Insurance Marketplace (Healthcare.gov) happens between November 1, 2024 and January 15, 2025.

Is there still a penalty for not having health insurance?

Effective January 1, 2019, there is no longer a penalty for not having health insurance.

Which health insurance companies will be offering plans in 2025 in Mecklenburg, Cabarrus, and Union counties?

The plans offered for Mecklenburg, Cabarrus, and Union Counties are Aetna, Ambetter, Blue Cross Blue Shield, Cigna, United Healthcare, and WellCare.

I already have coverage. How can I get ready to apply for 2025 Marketplace health coverage?

If you already have a Healthcare.gov account, make sure you are able to log in. If your household size or income has changed, gather supporting documentation such as tax returns from last year or recent pay stubs. You may be required to provide copies of these documents to the Marketplace. Please note plans have changed! You can schedule a free appointment with a Navigator to discuss your options and make sure you are enrolled in the best plan for you and your family.

What happens if I don’t sign up?

If you can afford health insurance but choose not to buy it, you may face high out-of-pocket costs if you have a medical emergency or need to visit a doctor. Use the window-shopping tool on Healthcare.gov to take a look at the plans offered in your area; financial assistance may be available for you and your family. Your premium may be less than you think!

Can I just wait and have my current plan automatically renewed?

Even if you’re happy with your plan and you don’t have any life changes to report (like moving to a new state or changes in your income or household), you should still go back through the application and make sure all your information is up to date to ensure that you are receiving all the financial assistance you are eligible for. You can also take a look at the health plans being offered in your area. You might benefit from a change, and you never know until you compare. You can do this yourself by logging into your Healthcare.gov account or by calling the Marketplace directly at 1-800-318-2596. You can also make an appointment with a navigator to go over your options, so call today!

When is my coverage going to start if I enroll or update my application after December 15, 2024?

If you enroll in a plan or update your application after December 15, 2024, your new coverage will start on February 1, 2025.

I no longer have coverage or lost my coverage during 2024; what are my options?

Even if you lost coverage this year, you may still qualify for financial assistance and can enroll in an affordable health plan for next year. You can log back into your Marketplace account, call the Marketplace, or meet with a navigator to start a new application for 2025.

I am eligible for health benefits at work, but I want to see if I can get a better deal on the Marketplace. Can I do that? 

Yes, you can always shop for coverage on  Healthcare.gov, assuming you meet other eligibility requirements. However, if you have access to affordable job-based coverage through your employer or your spouse’s employer, you may not qualify for financial assistance in the Marketplace. It is important to have information about your employer coverage offer when you complete a Marketplace application. The Employer-Sponsored Insurance Affordability threshold for 2025 is 9.02% of annual income for the Cost of Family coverage.

I have COBRA, but it’s too expensive. Can I drop it during Open Enrollment and enroll in a Marketplace plan instead?

During Open Enrollment, you can sign up for a Marketplace plan even if you already have COBRA. You will have to drop your COBRA coverage effective on the date your new Marketplace plan coverage begins. After Open Enrollment ends, however, if you voluntarily drop your COBRA coverage or stop paying premiums, you will not be eligible for a special enrollment opportunity. You will have to wait until the next Open Enrollment period. Only exhaustion of your COBRA coverage triggers a special enrollment opportunity.

How can I find out if my doctor and/or prescription medication is in a health plan’s network? 

Each plan sold on Healthcare.gov provides a link to its health provider directory and prescription drug formulary so consumers can find out if their health providers and medications are included.

I am not currently working. Although I do not have income, should I still review my healthcare options for 2025?

YES! Although you are not currently working, the Marketplace application asks for information about your anticipated income for the following year. Therefore, you can estimate your potential income for 2025 even if you are not working right now. You can always update your income using the Marketplace application. Navigators can walk you through your options. Schedule a free appointment, in person or virtually, by calling 980-256-3782 or going online to ncnavigator.net.

You may also be now eligible for Medicaid under Medicaid Expansion in North Carolina. The Navigators will be able to assist you in understanding your eligibility and finding the best plan to fit your needs and protect you and your family. Click here to learn more.

What if I need help?

Navigators are available in your area and taking appointments, but we anticipate that appointments will fill up quickly! As always, appointments are free and available at convenient times. Appointments are available at over 20 convenient locations, including our office. Walk-in times are also available at our office Wednesdays 5:30pm-8:30pm and Saturdays 9:00am-3:00pm. Call 980-256-3782 or go online to ncnavigator.org to schedule an appointment today.

Facts that you need to know about DACA and the lawfully present final rule/Datos que necesita saber sobre DACA y el reglamento final sobre residentes legalmente presentes

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Medicaid and Medicaid Expansion in NC: Are you Eligible?

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Medicaid is a federal and state-funded health insurance program that provides full coverage for some vulnerable low-income North Carolinians. It improves access to healthcare and health outcomes for North Carolinians by increasing access to primary care providers, regular checkups, preventative care, and care for chronic conditions.

There are many different types or categories of Medicaid, each with its own income limits compared to the federal poverty line (FPL). Medicaid expansion is the newly implemented program in the state of North Carolina, covering adults aged 19-64 who meet the income requirements. This expands coverage to college students, working parents, childless adults, and more.

Have questions or think you may be eligible? Make a free appointment with a Health Insurance Navigator at Charlotte Center for Legal Advocacy Call 980-256-3782 or visit the website ncnavigator.org to schedule your free phone appointment today!

  • On March 27, 2023, Governor Cooper signed the Medicaid Expansion into law.
  • NC is the 41st state to expand Medicaid (Including the District of Columbia)
  • As July 2024, more than 500,000 people have enrolled in MXP

Who will be able to get health coverage through NC Medicaid?

Most people can get health care coverage through NC Medicaid if they meet the criteria below. If you were eligible before, you still are. Eligibility criteria:

  • You live in North Carolina
  • Age 19 through 64
  • You are a citizen (some non-U.S. citizens can get health coverage through NC Medicaid)
  • If your household income fits within the following chart:

Click here for a Medicaid PDF with more information.

¡Asiste a Nuestra Fiesta de Regreso a Clases!

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El Centro de Defensa Legal de Charlotte se está asociando con YMCA of Greater Charlotte para organizar una fiesta de regreso a clases en Veterans Park Pavilion (2126 Central Avenue, Charlotte, NC 28205) el jueves 25 de julio de 10:00 a.m. a 2:00 p.m.

El evento está diseñado para toda la familia y ofrece una ventanilla única para recursos locales sin fines de lucro, incluidos exámenes de salud, vacunas, beneficios públicos y más. Se proporcionará pizza y los niños en edad escolar recibirán una mochila gratuita y algunos útiles escolares.

Attend our Free Back to School Bash!

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Charlotte Center for Legal Advocacy is partnering with YMCA of Greater Charlotte to host a Back-to-School Bash at Veterans Park Pavilion (2126 Central Avenue, Charlotte, NC 28205) on Thursday, July 25 from 10:00 a.m. to 2:00 p.m. 

The event is designed for the whole family and offers a one-stop shop for local nonprofit resources including health screenings, vaccinations, public benefits and more. Pizza will be provided, and school-aged children will receive a free backpack and some school supplies. 

Understanding the Tax Implications of Online Sports Betting in North Carolina

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Please note, the following information is meant to be used for informational purposes only and is not meant to provide legal or tax advice.

North Carolina legalized online sports betting in June 2023. In March 2024, eight online sportsbooks launched operations within the state. The North Carolina State Lottery Commission reported that wagers exceeded $659 million in the first month alone, signaling the significant public interest in sports betting.

Gambling comes with risks, including potential tax liabilities. It is important to stay informed about your obligations as a taxpayer if you choose to participate in online sports betting.

The North Carolina Low-Income Taxpayer Clinic at Charlotte Center for Legal Advocacy provides information on the tax implications of online sports betting for North Carolinians in the video below. This video offers an overview of the responsibilities of taxpayers who participate in online sports betting or other gambling activities. It also covers other important considerations, such as the requirement to keep accurate records of gambling activities and how gambling income may affect your eligibility for public benefits.

Helpful resources:

IRS Interactive Tax Assistant – How do I claim my gambling winnings and/or losses? This online interactive questionnaire will help you determine how to claim your wins and losses.

IRS Interactive Tax Assistant – As a nonresident alien, are my gambling winnings exempt from federal income tax? This online interactive questionnaire will help you determine if your winnings are tax exempt and if you’re eligible to claim of refund of withholdings.

IRS Publication 519, U.S. Tax Guide for Aliens

IRS website

Taxpayer Advocate Service website

NCDOR website

To contact the North Carolina Low Income Taxpayer Clinic at Charlotte Center for Legal Advocacy, call 980-353-3530.