We are pleased to send you the 2020 Southeast Louisiana Legal Services (SLLS) annual report. Every year, we reflect back on the difference our work makes in the daily lives of the people and communities we serve. The devastating impact of the pandemic on our clients has made our work more important than ever. COVID-19 has presented SLLS with its biggest in challenge yet in creating new and innovative programs to meet the surge in demand to prevent evictions, to stop foreclosues, to combat domestic violence, untangle unemployment benefits, and more. Your support has made an incredible difference in all that we do to stabilize vulnerable families. We are grateful for your leadership in the fight for fairness.

In 2020, SLLS delivered legal help in individual cases to over 14,000 households composed of over 25,000 people. The economic impact of our work topped $22 million. Every dollar invested in civil legal aid generated nearly $9.18 of social return on investment. Some results have no price tag, such as lives saved through our work with domestic violence victims or children protected from abuse. Thousands more Louisianans benefitted from our policy advocacy work fighting for equity such as in the rollout of COVID-19 relief programs. Over 725,000 people obtained vital legal information from our SLLS websiste blog about hot topics like stimulus checks, pandemic unemployment, eviction moratoria, advance child care tax credits, and other urgent matters. Pro bono attorneys and volunteer law students helped us expand the availability of legal aid throughout our twenty-two parish service area.

On behalf of the clients we serve and the team at SLLS, thank you again for your staunch support. It means more now than ever. We hope this report is useful in helping you learn more about how your investment in justice is making an impact. For more frequent updates about our work, like us on Face Book. Or you can always call (504) 529-1000 ext. 270 or email me at ltuggle@slls.org to talk about our program. Thank you again for helping us help others.

Sincerely,

Laura Tuggle
Executive Director

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

Louisiana ended COVID-related unemployment benefits on July 31, 2021. It ended:

  • Aid for people who aren’t eligible for regular unemployment. These people can include:
    • “gig” workers
    • others who did not earn enough wages
    • others who do not get W2s
    • people who can’t work because of COVID, and
    • some people who were disqualified for unemployment.

This is aid was called Pandemic Unemployment Assistance (PUA).

  • Unemployment for people who used all 26 weeks of their regular state unemployment benefits. This was called Pandemic Emergency Unemployment Compensation (PEUC).
  • The extra $300 that was added onto weekly unemployment checks. This is called Pandemic Unemployment Compensation (PUC).

How does this affect me?

If you have been receiving PUA:

You will not get paid for any weeks after July. Your claim has ended. This is true even if you have a benefit balance, or if HIRE shows that your claim would not end until September 4, 2021.

If you filed for any weeks after July 31, You will not be paid for these weeks. You won’t get paid even if the agency says your Hire Account says that your claim is “In Progress.“

If you have been receiving PEUC:

You can only get paid if you file a new “claim” for unemployment and you worked enough since the beginning of your last claim.

If you have been receiving FPUC:

If you have been getting more than $247 a week in unemployment, you will now get $300 less per week, if you still get unemployment benefits. This is for any weeks after July 31.

If you haven’t filed a claim yet:

Your benefits for August and after will be decided by state law, with no extra $300 a week. There is no longer coverage for

  • gig workers
  • those who do not have enough wages in the last 18 months
  • those unemployed because of Covid
  • people who have used their 26 weeks of state benefits for the year
  • etc.

If you lost a job before July 31, you can still file a claim to get these benefits for weeks before August. You can file for this until September 4, 2021.

What if I was denied the extra benefits?

You can appeal if you were denied these extra benefits for time before August 2021 IF your appeal deadline has not run out. LWC can pay the extra benefits for weeks that were before August.

If you got more than one denial notice, it is important to appeal each notice separately.

If you have already appealed  and you are waiting for a hearing, you will get a hearing. If you win, you will get those benefits for weeks before August, 2021.

If you have received a denial, Southeast Louisiana Legal Services may be able to give free help with your appeal. To see the ways you can ask for our help, see https://slls.org/get-help/client-services.

If you missed our recent webinar with the Ascension Parish Public Library on "Consumer Rights & Bankruptcy," with SLLS Staff Attorney Jason Stinnett, you can view it below.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

What if information against me on my report is true?

If there is true information on your report that is bad for you, credit bureaus can usually only report for 7 years.  They can report bankruptcy information for 10 years.

What if information on my report is not true?

If something is not true is on your credit report, you should contact the credit bureau(s) that list the mistake(s) and the business(es) it is listed for.  The page here tells how to do it. Here's how.  Contacting them to say that the report is wrong is called a “dispute”.

After you contact them to say it is wrong, credit bureau(s) must check what you question within 30 days, unless they decide that your dispute is frivolous.  If they find it frivolous, they must give you a reason.  Sometimes this may be that you need to give them more evidence.  The credit bureau(s) will forward your evidence to the business(es) that gave the information.  The business(es) then must check and report back to the credit bureau(s).

If the credit bureau agrees with you after these steps your dispute is called “resolved”.  If this happens, the credit bureau must tell you in writing and give you a free credit report.  This does not count as your free annual report.

You can also ask that the credit bureau send notices of the correction(s) to anyone who got your report in the past six months and to anyone who got a copy for job purposes during the past two years.  If you ask, the credit bureau must send the updated reports.

If the credit bureau does not agree with you after it checks, you can ask that your credit reports say that you disagree with the information.  (This is called a “statement of dispute”).  Also, you can ask that the credit bureau give your statement to anyone who got a copy of your report recently, but you can be charged a fee for this.

What to Do if a Company Takes Action Against You because of Your Credit Report

You can ask within 60 days of when someone denies you credit, a rental, insurance, a jog, or hurts you in some other way because of your credit report and can get another free credit report.  The company must send you a notice that includes the name, address, and phone number of the credit bureau that they used  You request the free credit report from that credit bureau.

You are also entitled to another free report each year if:

  • you’re unemployed and plan to look for a job within 60 days
  • you’re on welfare
  • your report is inaccurate because of fraud, including identity theft

Repairing Your Credit

You may be thinking about hiring a company to help investigate mistakes on your credit report and to “repair” your credit.  But anything a credit repair company can legally do, you can do for yourself at little or no cost.  If you hire a credit repair company, it is important to know your rights.

It is illegal for credit repair company to charge you before they help you.  It is illegal for credit repair companies to lie about what they can do for you.  Credit repair companies also must explain:

  • your legal rights in a written contract that also details what they will do for you;
  • that you have a right to cancel for three (3) days without any charge, and give you a written cancellation form;
  • how long it will take to get results
  • the total cost you’ll pay
  • any guarantees

If you choose not to hire a credit repair company, you can rebuild your credit by:

  • paying your bills by the due date;
  • paying off outstanding debt;
  • not taking on new debt.

 

If you are in debt and need help, you might get help from a reputable credit counseling organization.  For a list of approved credit counseling agencies, click here.

Credit Repair Scams

You are dealing with a credit repair scam if a company:

  • insists you pay it before it helps you
  • tells you not to contact the credit bureaus directly
  • tells you to dispute information in your credit report you know is accurate
  • tells you to lie on your applications for credit or a loan
  • doesn’t explain your legal rights when it tells you what it can do for you

If a company promises to create a new credit identity or hide your bad credit history or bankruptcy, it’s a scam. These companies often use stolen Social Security numbers or get people to apply for Employer Identifications Numbers from the IRS under false pretenses to create new credit reports. If you use a number other than your own to apply for credit, you won’t get it, and you could face fines or prison.

If you have a problem with a credit repair company, report it to:

  • your state attorney general or local consumer affairs office. Many states have their own laws covering credit repair companies.
  • the FTC at ftc.gov/complaint or 1-877-FTC-HELP. The FTC can’t resolve individual credit disputes, but it can take action against a company for breaking the law.

Dispute Process With a Credit Bureau

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

What is a Closed School Loan Discharge?

It might be possible to cancel (“discharge”) your federal student loan if your school closed before you were able to complete your program.

How do I know if I’m eligible for this?

You had to be:

  • enrolled when your school closed OR
  • on an approved leave of absence when your school closed OR
  • your school closed shortly after you withdrew from the school:

- within 120 days (for loans received before July 1, 2020) OR

- 180 days (for loans received after July 1, 2020)

How do I find out if my school closed?

Look here for a list of schools that are closed and are under this program:  https://studentaid.gov/announcements-events/closed-school

How do I apply?

You can find a copy of the application here. The completed application must be sent where you send payments (“the servicer”).  You can log in to My Federal Student Aid or call 1-800-4-FED-AID (1-800-433-3243) to find out who that is.

 I’ve submitted my application, now what?

Continue to make pay on your loan while your discharge application is being decided. If you do not get the loan discharge, the place you make payments will tell you and there will be no change in the payments you owe.  If you believe your application was denied in error, contact your loan service provider for more information.

For more information regarding the application process visit studentaid.gov.

What if my application was denied?

If your application was denied, you can first ask the Department to review the denial.  You can also appeal to federal court if denied.

What about course credits I earned?

If you like to continue your education at another school, you may be able to transfer your earned credits. The school you transfer to can decide what credits to accept and tell you what else you will need to graduate.  But, please look into any other school first before transferring.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

What is an Income Driven Repayment Plan (IDR)?

Student loan borrowers may be eligible for reduced monthly payments if:

  • they need to make lower payments OR
  • their federal student loans take a significant portion of their income.

This reduction in the payments is called an Income-driven repayment plan or “IDR”.

Who can apply for reduced monthly payments?

You can apply if you have never applied before or if you are already on an IDR.

What different repayment options are there?

Note:  For the first three plans, discretionary income is the difference between your annual income and 150 percent of the poverty guideline for your family size and for the state that you live in.   More info for your state’s poverty guideline can be found at: https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines

For the ICR plan, discretionary income is the difference between your annual income and 100 percent of the poverty guideline for your family size and state of residence.

  • Revised Pay As You Earn Repayment Plan (REPAYE)
    • This plan generally adjusts monthly payments to 10% of your discretionary income. The payment is based on Adjusted gross income, family size, and total eligible federal student loan balance. This plan only applies to Direct Loans only.
  • Pay as You Earn Repayment Plan (PAYE)
    • This plan is similar to the REPAYE plan and only applies to Direct Loans. But, this plan only applies if you took your first loan on or after October 1, 2007.
  • Income-Based Repayment Plan (IBR)
    • This plan adjusts monthly payments generally to 15% of your discretionary income. This plan is for both the FFEL Program and Direct Loans.  Parent PLUS loan are not eligible
  • Income-Contingent Repayment Plan (ICR)
    • This plan adjusts payments to which of the below is the lower amount:
    • 20% of your discretionary income OR
    • A plan with fixed monthly amount over 12 years which is based on your income

This is the only plan that can be sued for parent PLUS loan borrowers.

For all these plans, you can figure out which could be the best for you with this loan simulator found at:  https://studentaid.gov/loan-simulator/

How do I apply?

The form only takes 10 minutes and must be completed all at once.  Only one application needs to be filled out. Applying is free.  Any company calling to charge you to apply is not part of the U.S. Department of Education (ED) or ED’s Federal Loan Servicers.

To apply, login to your Federal Student Aid (FSA) account and fill out an application here.   If you are already getting this help, login to your FSA account to recertify their income, recalculate their monthly payment due to a change in income or family size, and/or to switch their current plan.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

If you took out student loans based on untrue statements from your school, you may be able to get the loans canceled. (This is called “borrower defense to repayment.”)

This help is only for federal student loans. The loans must have been taken out to pay a school that violated specific laws or did certain other things that were wrong. Sometimes people can even get a refund of past loan payments.

Recently the U.S. Department of Education canceled 1,800 student loans for this reason.

 

What kind of things might cancel a student loan?

The most common reasons for this loan relief are lies by the school, or its representatives, when  they recruited you to enroll or to continue in the school. The school must have broken state laws specific to federal student loans.

Other problems with the school’s programs, classes, housing, or facilities is not enough for this loan relief. (There might be other relief if the school closed while you were there or shortly after you stopped going.)

 

How do I apply for this help?

To file for this “borrower defense to repayment,” fill out a form online with your Federal Student Aid (FSA) login. The form takes about 30 mins to fill out..

You’ll need documents that show why you qualify and any financial harm the school caused you. This could include transcripts, enrollment agreements, advertisements about the school, or communications with school employees. But other documents proving the misconduct may work, too.

If your school has closed, get copies of your academic and financial aid records. You might need these to try to get your loans cancelled. You may also need these if you want to go to another school.

 

I sent in my application. What happens next?

The U.S. Department of Education will send you an email about whether it will cancel your loan.  You can appeal if the government refuses to cancel your loan. This is called asking for “reconsideration.” You can do this by email, regular mail, or by using your FSA login. To find out more about how to appeal a decision and applying for loan cancellation go to: studentaid.gov.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

Louisiana has often denied unemployment benefits without looking at other ways people can be eligible for the benefits. In the same way, in appeals or fair hearings, the agency often does not look at all ways you can get the benefits.

If this happened to you, Southeast Louisiana Legal Services may still be able to help you get unemployment. Even if you lost your appeal. And even though people can no longer apply for PUA in Louisiana.

Our services are free. You can see if we can help by calling 1-844-244-7871, or by applying online here.

If you were disqualified for regular unemployment benefits, you may still be eligible for Pandemic Unemployment Assistance (PUA.)

PUA was created for claimants who cannot get regular unemployment benefits, like people who are self-employed, work as freelancers.  But it also covers many people who are disqualified from regular unemployment benefits.

In Louisiana, all unemployment claims are considered for regular unemployment first. The agency fails to look at PUA for some people who do not get PUA.

In other cases, the agency incorrectly starts some claims as regular unemployment. A claimant may receive several months of benefits under this way before LWC detects the error.

When the error is discovered, LWC sends notice that the claimant is not eligible, and other notices that they owe all the money back.

In many of these cases, the agency fails to check to see if the claim could be paid under PUA.

If your unemployment was caused by the COVID-19 pandemic and you have been denied unemployment benefits, but your notices do not say anything about PUA then you still be able to get PAU. Attorneys at Southeast Louisiana Legal Services may be able to make sure the agency looks at whether you should get PUA.

Please note, Louisiana ended its PUA program on July 31, 2021. So only people who filed a claim for before then can get this help.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

Understanding Your Credit Report

A recent study found that more than 1 in 3 people who checked their credit reports found errors.  Your credit report is crucial when seeking to buy or rent a home, purchase or lease a car, buy insurance, or even get a job.  Your credit report shows lenders how reliable you might be; and, if there are mistakes, you could miss out on things that are rightfully yours.

Reviewing Your Credit Report

There are 3 national credit reporting agencies: Equifax, Experian, and Transunion.  You have the right to get free copies of your credit report from each of these three bureaus once every 12 months, except:

  • At least until April 2022, during the pandemic, you can get a free credit report each week from all three national credit bureaus (Equifax, Experian, and TransUnion) at AnnualCreditReport.com.
  • Until the end of 2026 you. can get another six free Equifax credit reports per by visiting the Equifax website or by calling 1-866-349-5191.
  • You can get a report when you have been recently hurt by your credit report. (See below.)

When the annual limits are in effect, if you want to keep a close eye on the accuracy and completeness of your reports, you can stagger the requests among the 3 agencies throughout the year.  To get these free reports, simply visit AnnualCreditReport.com or call 1-877-322-8228.  Once you receive your credit report, review all personal information, accounts, and inquiries to see if they are accurate.  It is vital that you regularly review your credit report to spot errors, fraud, or identity theft should they occur.

What to Do if a Company Takes Action Against You because of Your Credit Report

Because of what it sees on a credit report about you, a company may

  • deny you credit,
  • deny you services like housing or insurance, or
  • deny you a job
  • or take other “adverse action” against you t

If it does, you can get a free credit report if you ask for it within 60 days of getting notice of the company’s action. The company must send you a notice that includes the name, address, and phone number of the credit bureau that provided your report. This copy does not count against the “once in 12 months” limit.

You are also entitled to another free report each year if:

  • you’re unemployed and plan to look for a job within 60 days
  • you’re on welfare
  • your report is inaccurate because of fraud, including identity theft.
The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

Pyramid and Ponzi Schemes versus Multilevel Marketing (MLMs)

MLMs and Ponzi/pyramid schemes often seem similar, however there are minor differences that distinguish them.

What is a Pyramid Scheme?

Pyramid schemes usually promise large profits primarily mainly from recruiting others to join the “program”.  Profits are not based on any real investment or sale of goods.  Recruits are often encouraged to buy more products to sell than they could ever sell.  They may be few actual sales.

A Ponzi scheme is very similar to a pyramid scheme, however in a Ponzi scheme there is no product. Ponzi schemes are often called “Peter-Paul” scams because there is no real investment opportunity.  The promoter uses money from new recruits to pay the benefits promised to earlier recruits.  Promoters in Ponzi schemes will often use high-pressure sales tactics to get you to join. They may emphasize that you will lose the opportunity if you don’t act quickly.

What is MLM?

In Multi Level Marketing (MLM), companies sell their products or services through person-to-person sales. Sellers also bring in new sellers.  When a new seller sells something, those higher up the chain gets a cut.

What’s the difference?

A MLM will not require you to recruit others to be paid.

How can I figure out if a company is a Ponzi scheme?

Researching the company, researching what others are saying, considering the products the company offers, understanding the costs of joining, asking about refunds, and reading the paperwork can all help avoid schemes.

If I was victim to a Pyramid or Ponzi Scheme, what should I do?

If you have information of a possible Ponzi or pyramid scheme, or if you have fallen victim to either of the schemes, you can file a tip to the SEC here. You can also leave a tip by phone with the FBI at 1-800-225-5324.

The IRS offers some relief to victims of these schemes through special tax rules. Investors in Ponzi schemes are entitled to deduct their losses as a theft loss, an itemized deduction, during the year the fraud is discovered.

You should also contact your local police department and file a complaint.

For more information visit the Consumer Information page on the FTC website.

 

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

What help is being offered during the COVID-19 Pandemic?

The U.S. Department of Education (ED) has extended student loan help through at least January, 2022. Depending on your loan you may be eligible for:

  • a suspension of loan payments
  • a 0% interest rate or
  • stopped collections on defaulted loans.

This help only applies to ED loans.  To see if your loan is an ED loan, go to https://studentaid.gov/help-center/answers/article/is-my-loan-federal-or-private

Monthly Payment Suspension

ED owned student loans are on a temporary payment suspension as of March 13, 2020.  This means you don’t have to make monthly payments now.  If you made a payment since March 13, 2020, you can request a refund from where you pay.

Bad credit should not be reported during the suspension period even if you choose to try and make payments.

Temporary 0% Interest Rate on Loans Owned by ED

All federal student loans owned by the U.S. Department of Education automatically had their interest rates lowered to 0% from March 13, 2020 until the COVID emergency relief period ends.

Private student loans, Federal Family Education Loans (FFEL) loans that are owned by commercial lenders, and Federal Perkins Loans that are owned by schools are not eligible for the reduced interest rate. But you can consolidate these loans into a Direct Consolidation Loan, which is eligible for the 0% interest rate. If considering this, consider whether this is the best option long-term once the relief period and the 0% interest rate.

Income-Driven Repayment (IDR) Recertification

If your loan payments were reduced because of your low income, you do not have to recertify your income during the COVID-19 emergency relief period. If you keep your current address, you will be notified when it is time to recertify. Make sure to keep your contact information updated where you pay your loan.

Coronavirus-Related Scams

Some people are trying to rip students off.  There is no coronavirus-related loan forgiveness for federal student loans.  There is no fee for the payment suspensions or 0% interest rate period from loan servicers or the federal government. If anyone contacts you asking for money to perform any of these services, it is a scam.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

Current as of August 20, 2021

If you have been found totally or permanently disabled you may not have to repay federal student loans. This is called a Total and Permanent Disability or “TPD” Discharge.

The loans it can cover are a Direct Loan, Family Federal Education Loan (FFEL), Perkins Loan, or a complete TEACH Grant service obligation.

In August, 2021, the federal government used this to forgive loans of about 325,000 borrowers.

How Do I Know If I’m Totally and Permanently Disabled?

There are 3 ways to be found totally and permanently disabled for this:

1. Veterans Affairs (VA) Determination

Documentation from the VA showing that you have service-connected disability that is 100% disabling or that you are totally disabled based on an individual unemployability rating

2. Social Security Administration (SSA) Decision

A notice from Social Security must say your next disability review will be 5 – 7 years from the last SSA disability decision. If you do not have an SSA Notice of Award that says when your next review will be, you can call your local SSA office or 1-800-772-1213 and request the “Benefits Planning Query form 2459,” to see if it sets your review 5-7 years from the last decision.

3. Physician Certification

Your doctor may certify that you are unable to engage in any substantial gainful activity because of a medically determinable physical or mental impairment that is expected to result in death or has lasted or will last for 60 months in a row.

By the end of this 2021, new rules should automatically grant this help if your Veterans Affairs or the Social Security decision qualifies.

How do I apply?

If you have either the with either a VA or SSA disability finding, you don’t have to apply under current rules.  You should receive a notice of your approved discharge starting in September 2021.  By the end of the year, the discharge should be completed.

If you do not have the right type of VA or SSA decision, you can apply by:

  • downloading a copy of the application here,
  • partially filling out the application online here, or
  • request a printed application by phone at 303.7818 or by email at DisabilityInformation@Nelnet.net .

You can pick someone to help you in applying.  They must out a Representative Designation Form before helping in the application process.

The complete application and supporting documents can be sent by email to DisabilityInformation@Nelnet.net, by fax to (303)696-5250 or by mail to:

U.S. Department of Education
P.O. Box 87130
Lincoln, NE 68501-7130

Once your application is received, your federal loan holders will be told to suspend collection on your loans while your application is being decided.

Do I Have to Fill Out Paperwork Each Year On My Income After The Discharge Is Granted?

No.  This used to be a requirement. For now the requirement is temporarily stopped. The government plans to permanently stop it by the end of 2021.

Taxes?:

These TPD loan discharges are not considered income for federal taxes or Louisiana state taxes.   For more information visit the Nelnet website.