An IRS policy that has permited the IRS to levy against federal employees and federal pensioners will be expanded as of July 2005. The expansion is expected to affect 90,000 additional taxpayers, specifically Social Security beneficiaries. The policy subjects the taxpayers to a 15% flat offset payment of federal back taxes from their Social Security benefits.
The Taxpayer Advocate Services for West Virginia can be reached at 304-420-8695, and the National Taxpayer Advocate toll free number is 1-877-777-4778, both services are free.
Monday, April 18, 2005
Case of the Week: 4/18/2005
County: Mingo
Age: 83
This 83-year-old gentleman from Mingo County contacted West Virginia Senior Legal Aid after he discovered his credit card had charged him for a service for four months that he never asked for or authorized. He tried to work with the credit card company, but with limited success. One his behalf, I wrote the credit card company a letter requesting that my client be disenrolled in the service and refunded the four months he was charged for the service. My client informs me that the credit card company has disenrolled him and he will be receiving a refund for the four months he was charged.
Age: 83
This 83-year-old gentleman from Mingo County contacted West Virginia Senior Legal Aid after he discovered his credit card had charged him for a service for four months that he never asked for or authorized. He tried to work with the credit card company, but with limited success. One his behalf, I wrote the credit card company a letter requesting that my client be disenrolled in the service and refunded the four months he was charged for the service. My client informs me that the credit card company has disenrolled him and he will be receiving a refund for the four months he was charged.
Friday, April 15, 2005
Case of the Week: 4/12/05
County: Randolph
Age: 65
Our client is an elderly lady who contacted us regarding a collection notice she received for a debt she does not believe she owes. I reviewed the notice, which fails to state the creditor on whose behalf they are collecting. The collection company, holding itself out as an attorney's office, has also contacted her threatening to sue if she does not pay. They have also threatened that if she does not pay she will owe 10 times more than she currenly owes. I explained that the company may be in violation of Consumer Protection Laws. I forwarded her a complaint form for the West Virginia Attorney General's office. I also explained her right to send the collection company a cease letter. I also evaluated her case and informed her that the likelihood of the company actually suing is slim since the debt is very small and the company is out of state. It would cost more for the company to hire an attorney and pursue the debt.
Age: 65
Our client is an elderly lady who contacted us regarding a collection notice she received for a debt she does not believe she owes. I reviewed the notice, which fails to state the creditor on whose behalf they are collecting. The collection company, holding itself out as an attorney's office, has also contacted her threatening to sue if she does not pay. They have also threatened that if she does not pay she will owe 10 times more than she currenly owes. I explained that the company may be in violation of Consumer Protection Laws. I forwarded her a complaint form for the West Virginia Attorney General's office. I also explained her right to send the collection company a cease letter. I also evaluated her case and informed her that the likelihood of the company actually suing is slim since the debt is very small and the company is out of state. It would cost more for the company to hire an attorney and pursue the debt.
Wednesday, April 13, 2005
Bill Tracking feature on WV Legislature site up and running
The West Virginia Legislature's website keeps on improving. Though there have been links to "bill tracking" on the site for quite a while, the function is just recently accessible. See it here.
It's pretty simple to use, you create a username/password combination, log-in, and choose bills you wish to track. You can keep and name different lists of bills you are tracking.
The report you get when you check in on the bills you track is a little bit difficult to understand. You first have to know the vocabulary of bills moving through the legislative process, for example the difference between an enrolled bill and an engrossed bill. There is a "date" field, but it's not obvious to what that refers.
Even though the results report is a little difficult to understand, it is useful for seeing whether action is getting taken on any tracked bill, and can alert users to investigate the specifics of the actions taken on bills that interest them.
Update on Budget Digest
The House and Senate Budget Conferees of the West Virginia Legislature have decided to work on drafting the 2006 Budget Digest in hopes that the West Virginia Supreme Court of Appeals will lift its stay, according to an article in today's Charleston Gazette. On December 1, 2004 the state's high Court issued the stay specifically preventing approval or adoption of a Budget Digest for 2006 by the Legislature.
The pending lawsuit was filed on behalf of a West Virginian who lost her home to a predatory lender. The suit alleges that the foreclosure resulted from state funds diverted through the Budget Digest which should have gone to the State Ethics Commission for cracking down on predatory lenders.
The Budget Digest is technically a list of recommendations for the spending of state funds. Opponents claim it has the force of more than just suggestion, because state agencies fear fiscal retaliation if they choose not to follow the Digest's recommendations. For more information about the Budget Digest and this lawsuit see the West Virginia Elder Advocacy article about it from Winter 2004.
The Budget Digest traditionally provides some funds for aging programs across the state each year, so the outcome of the lawsuit will have an impact on West Virginia seniors.
Friday, April 08, 2005
Case of the Week: 4/4/05
County: Barbour
Age: 64
Our client is a 64-year-old elderly lady who receives Social Security benefits. She contacted us because she was concerned about an organization being appointed as her representative payee. She contends she is able to manage her finances and if she needs someone to do it for her, she'd like to have someone else appointed. After reviewing her case, I was able to determine that she is still within her time to appeal. I explained when her deadline is to appeal the Social Security Administration's decision, outlined the appeal process for her, forwarded her a copy of a SSA-561 Request for Reconsideration form, and consulted with her regarding possible legal strategies in her appeal.
Age: 64
Our client is a 64-year-old elderly lady who receives Social Security benefits. She contacted us because she was concerned about an organization being appointed as her representative payee. She contends she is able to manage her finances and if she needs someone to do it for her, she'd like to have someone else appointed. After reviewing her case, I was able to determine that she is still within her time to appeal. I explained when her deadline is to appeal the Social Security Administration's decision, outlined the appeal process for her, forwarded her a copy of a SSA-561 Request for Reconsideration form, and consulted with her regarding possible legal strategies in her appeal.
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