December 2005 Volume 11 Issue 4 Things to Know About your Utility Rights Act 201 has caused devastating consequences for thousands of low-income and poor Pennsylvanians, but consumers still have rights. Here are some things every consumer needs to know about: Payment Agreements Every consumer is entitled to one payment agreement from the utility company. The company has the discretion to make more than one. Every consumer is also entitled to one payment agreement from the Public Utility Company (PUC) if a payment has been missed and the utility company is not willing to make another agreement with you. There are no required payment arrangements for CAP (Customer Assistance Program) customers, but the utility company has the discretion. Payment agreements can be modified by the PUC if household income above 200% of the federal poverty line has a 20% decline in income or, if household below 200% of the federal poverty line has a 10% decline in income. Terminations Utility companies are required to give a 10 day written notice of termination. The notice is valid for 60 days (they can execute the notice anytime within the 60 days). Utility companies are required to make personal contact 72 hours (3 days) prior to shut-off; either in person or by phone (2 attempted calls on two different days). Between December 1 and March 31, 2005 utility companies are also required to make contact 48 hours prior to shut-off. There will be no winter shut-offs (moratorium from 12/1-3/31) for households with incomes below 250% of the federal poverty line. Utility companies are required to screen customers for income before a winter shut-off. Medical Protections Medical Protections still apply as long as loss of service will “aggravate” a medical condition. Doctor or Nurse Practitioner may orally certify the medical condition. Follow-up letter from physician required. Reconnections Deposit may be required for reconnection of services, but may be paid in installments over a 90 day period. Full balance may need to be paid upfront. Amount owed is to be paid off in 24 months if household income is 150% of the federal poverty line or below, 12 months if household income is between 151-300% of the federal poverty line. If household income is above 300% of the federal poverty line or 2 payment arrangements have been broken the amount owed is due immediately. *Customers who have a Protection from Abuse order are protected from shut-off. Current Federal Poverty Lines Household Size 100% Monthly 150% Monthly 200% Monthly 250% Monthly 1 $798 $1,197 $1,595 $1,994 2 $1,070 $1,604 $2,139 $2,673 3 $1,341 $2,012 $2,682 $3,353 4 $1,613 $2,419 $3,225 $4,032 Remember - If you feel like your rights have been violated, you can call the PUC at 1-800-782-1110! You can also call the Office of Consumer Advocate at 1-800-684-6560. For more information, call Rochelle at Just Harvest. WJP Information Workshop a Success!! On November 9, 2005 the Welfare Justice Project hosted its second Information Workshop. The topic was Customer Service/Policies and Procedures and it was facilitated by DPW Division of Communications staff. Here are some things that we learned: Customers are to be seen promptly, no later than 15 minutes after arrival and should be told how long the wait may be. The receptionist is to monitor the waiting area for customers not seen promptly and notify a supervisor or manager of any delay. Customer Service surveys are available in the reception area. A follow-up call, if requested will be provided within three workdays of receipt of a completed survey. On a case by case basis, special appointments will be made available; such as lunch periods (12:00-1:00), late day or home visits. All Food Stamp applications should be screened for Expedited Food Stamps (food stamps within 5 days) on the date of receipt. Every individual has the right to apply, to have a full interview and to receive a written notice of eligibility! Although the “cut-off” is 4:00 pm for walk-in applicants, an application can still be completed, date stamped and reviewed for expedited food stamps after 4:00. All eligibility decisions must be made within 30 days of the date the application is filed. All changes in households must to be reported by the 10th of the month following the change. A change can be reported by phone, mail or in person. You do not need to have a scheduled appointment with your caseworker to see him or her. However, if your caseworker is unavailable (due to meetings, trainings or scheduled appointments), he or she may schedule a time for you to come back in. Overall the workshop was very informative and we plan to invite DPW to come and do the workshop again soon - Stay tuned for more information!!! State Utilities and Lawmakers Must Undo Their Wrongs The decision-makers in Harrisburg are moving slowly at reforming their new public utilities law (Act 201, Chapter 14) and at passing emergency measures to alleviate immediate problems. Meanwhile, thousands are experiencing unprecedented hardship because the new law severely diminished the role of the PUC and allows utilities more latitude. Some of the new policies are: exorbitant security deposits and reconnect fees, unfair payment plans and time limits, and cut offs, leaving families at risk of freezing to death. In a time of rapidly rising gas prices, this is especially blatant. The Public Utility Commission (PUC) has made a few changes and clarifications (see your rights, on page 1), but many of the most onerous parts of the law remain in effect. Gov. Rendell held a series of “Energy Summits” across the state in November where it became clear that customer service personnel are often not adequately trained, and give out wrong or partial information. Consumers were urged to talk to the customer service supervisor if they’re not satisfied. Some participants suggested that the utilities conduct an aggressive door-to-door campaign, where trained folks knock on doors, and talk to residents about budget planning and available assistance programs, and actually assist the consumers. Many of the utilities don’t even advertise about their assistance programs. Rendell also asked the legislature (General Assembly) to supplement the federal LIHEAP with state funds. Pennsylvania is only one of two cold weather states that does NOT supplement federal LIHEAP monies with state monies. In November the State Senate unanimously passed a $25 million LIHEAP appropriation. Call your House member now and tell them to pass HB 1539. If you’re having trouble with a utility company, call your state representative and senator and ask them for help. They passed this law and they must be made accountable. The more they hear from you, the more likely they will make changes. And tell them Act 201 Chapter 14 must be repealed!! Several good bills are sitting in committee. Call your representative and senator and tell them to get these bills out of committee and onto the floor to be voted on. In the House they are: House Bills 1925, 2062, 2183, 2228, 2278. In the Senate they are Senate Bills 885, 904, 905, 906, 907, 1005, 1014. SB 1005, limiting reconnection fees is especially crucial right now. You have the right to Appeal DPW Decisions! An appeal is a consumer’s legal means of challenging a decision made by DPW that they think is unfair or incorrect. The right to appeal is perhaps the most important right a welfare consumer has!! Every client has the right to appeal any Department action or failure to act and to have a fair hearing if dissatisfied with any decision. WHY APPEAL? Gives the consumer a chance to have an objective, impartial review of decisions, actions or failure to act. WHAT CAN BE APPEALED? Actions like Denials, suspensions, discontinuance of benefits, change in the type or amount of benefits, reduction of a special allowance for supportive services and others for the following programs: Cash Medical Food Stamps LIHEAP Contracted Services HOW TO FILE AN APPEAL? The appeals process should be explained at every application and renewal. The notices you receive from welfare have appeals sections on them. Complete and return to DPW. Be sure to check box for “face-to-face” or phone hearing. Sign, date it , make a copy of the form for yourself and drop it off at or mail it to the welfare office. You can also appeal a decision over the phone, but you need to follow up the verbal appeal in writing within three days. You do not have to have the form that DPW sends you. You can hand write or type a simple statement to appeal a decision. Request an “Agency Conference” with your caseworker to resolve the problem before it gets to the hearing level!! You can take an advocate or someone else you trust to this conference. If your are not satisfied you can request a hearing before a hearing officer. HOW MUCH TIME DO I HAVE TO APPEAL? 30 days for cash, medical and LIHEAP with a DPW generated notice 60 days for cash, medical and LIHEAP without a notice 90 days for food stamps *If you appeal within 10 days of the date on the notice, the action will be postponed. Make Tax Time Pay! It’s tax season and there are valuable benefits available that could mean putting thousands of tax dollars back into your pocket! The Earned Income Tax Credit is a federal tax credit to help workers make ends meet. If you worked full or part-time in 2005 and made less than $37,263 you could be eligible for up to $4,400! You must file a federal tax return and attach schedule EIC in order to take advantage of this benefit. The Child Tax Credit is available to workers who earned more than $11,000. Eligible workers can get up to $1000 for each child under the age of 17. Attach form 8812 to your federal tax return to receive the credit. Pennsylvania is also giving tax money back to low-income workers. Workers below a certain income level owe no state income tax or only partial tax. File Schedule SP with your state taxes to participate in PA Tax Back. Just Harvest will be preparing simple tax returns free of charge for low-income working families and individuals at our office on the South Side again this tax season. Call 412-431-8964 after January 10th to set up an appointment. Appointments will be available from January 23 - April 15 on days, evenings and weekends. DO YOU WANT TO GO TO SCHOOL? (A series of brochures that provide helpful tips for pursuing education & training) And… WELFARE RIGHTS HANDBOOK Free & Available Order yours today! Join our e-mail listserve to receive updates on national, state and local issues. Call Rochelle to sign up or send your e-mail address to rochellej@justharvest.org. Toys for Tots Distributed by the Marine Corps (free) When: December 17 & 18 Where: 1200 Center Ave., Old St. Francis Hospital (across from Mellon Arena) Time: 9:00 am to 3:00 pm Parents need to bring identification for themselves and their children (driver’s license, birth certificate, or social security cards). Correction to the last issue of the Agitator: LIHEAP is not limited to $300, only the Crisis Grant is. The LIHEAP amount can be more than $300 if eligible. ALERT: Call your Senator today and tell them that TANF changes do not belong in the budget-cutting bill - VOTE NO on the final version of the budget-cutting bill. Oppose the House TANF provisions that prevent poor families from getting the help they need to rise above poverty! Sen. Santorum 412-562-0533 Sen. Specter 412-644-3400 Just Harvest Education Fund thanks these generous supporters of our Welfare Justice Project: The City of Pittsburgh Community Development Block Grant Program The Allegheny County Department of Economic Development Community Development Block Grant Program The Women and Girls Foundation of Southwest Pennsylvania The Evangelical Lutheran Church in America Domestic Hunger Program …and many individual contributors!