MELS Update

MELS UPDATE:

Replacing Lost Income: Short Term Disability, Public Assistance, Food Stamps, Workers' Comp and Unemployment Insurance  

DC37 Municipal Employees Legal Services, MELS, provides information on benefits members can access to replace lost income due to the coronavirus pandemic.

DC 37 HEALTH AND SECURITY PLAN SHORT TERM DISABILITY

Members who are unable to continue working because of illness or disability may be eligible for short term disability, public assistance and food stamps.

The weekly disability benefit available through H&S for Full Time workers is 66.2/3 of their salary, up to a maximum of $200 per week for a maximum period of 26 weeks, but no longer than a member remains totally disabled.

The weekly disability benefit available through H&S for Part Time workers is 66 2/3 of their salary, up to a maximum of $98 per week for a maximum period of 13 weeks, but no longer than a member remains totally disabled.

Members may apply for short term disability benefits by completing the online application available on the DC 37 website.[Disability Claim Form & Cover Letter] https://www.dc37.net/wp-content/uploads/benefits/health/pdf/Disability_ClaimForm.pdf

Additional information on H&S short term disability is available on the DC 37 website at https://www.dc37.net/benefits/health/disability

PUBLIC ASSISTANCE & FOOD STAMPS

Members may also apply for public assistance benefits and food stamps to provide them with income pending the determination of their short term disability claim and/or to supplement short term disability benefits they may receive.

Public assistance offers semi-monthly cash payments and a shelter allowance based on household size and the amount of other household income. Food stamps, now known as SNAP, is also based on household size and income.

Members may apply for public assistance and food stamps online by following the links on the HRA website: https://a069-access.nyc.gov/accesshra/#/selectnewapps

NYCHA RESIDENTS

Members living in NYCHA public housing who receive public assistance are eligible to have their monthly rent reduced to the shelter allowance they receive.

This rent reduction remains in place for one year after public assistance benefits end. A partial increase is then phased in during the second year. This rent reduction benefit is available only once.

Members may contact MELS by calling 212-815-1111 or email This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.

WORKERS’ COMPENSATION

DC 37 urges its members, especially those classified as essential workers, frontline workers, and healthcare workers, who have contracted and are diagnosed with novel coronavirus, COVID-19, to apply for Workers' Compensation to secure partial wage replacement and medical care.

In response to the coronavirus pandemic, the New York State Workers' Compensation Board has extended the window to file a claim by an additional 30 days from the date of your injury or illness. The Workers' Compensation Board has not changed its rules or application process.

Any DC 37 member seeking to file a Workers' Comp claim must notify their agency within 30 days of testing Positive for COVID-19 and provide medical documentation to substantiate their claim. Members must also file a C-3 form with the NYS Worker’s Compensation Board by telephone or electronically.

DC 37 does not provide legal representation in Workers' Compensation matters. However, we are advising members to file Workers' Compensation paperwork if you contracted COVID-19 on the job or in the line of duty. The maximum Workers’ Comp benefit is $934.11 per week.

To file a Workers’ Compensation claim, follow the directions at this link: http://www.wcb.ny.gov/content/main/onthejob/howto.jsp

H&S short-term disability benefits may be available for members who have filed Workers’ Compensation claims. To determine eligibility, see the DC 37 website: https://www.dc37.net/benefits/health/disability

DC 37 does not provide legal representation in Workers’ Comp claims. Members are free to choose any attorney you wish to represent you in a Workers' Comp claim. Members should contact their DC 37 union representative before selecting an attorney. A list of attorneys is available here: https://dc37blog.files.wordpress.com/2020/04/nys-workers_comp_att.pdf

UNEMPLOYMENT

New York State Unemployment Insurance Benefits provide a partial wage replacement of up to $504 per week for a 26-week period. Under the CARES Act, the benefit period has temporarily been extended an additional 13 weeks and recipients receive an additional $600 per week. Applicants who have worked in New York must apply for UIB in New York regardless of the state in which they reside.

Under the CARES Act, Pandemic Unemployment Insurance benefits are available for self-employed independent contractors and gig-economy workers even if they are denied regular New York State unemployment benefits.
Follow the directions at this link to apply: https://labor.ny.gov/ui/how_to_file_claim.sht

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General Membership Teleconference

REQUEST AN ABSENTEE BALLOT FOR PRIMARY DAY JUNE 23

REQUEST AN ABSENTEE BALLOT FOR PRIMARY DAY JUNE 23

As you may have heard, Governor Cuomo has made a series of changes that will impact this year’s primary elections.  

In an executive order, he has cancelled the special elections for Queens Borough President, and the 31st Assembly District.

The Governor has mandated, through executive order, that the state Board of Elections mail all registered voters a postage-paid absentee ballot application. While poll sites will remain open, an absentee ballot offers everyone the safest way to vote during the coronavirus pandemic.

The Board of Elections plan is to mail these applications out by the middle of this month, but you can proactively request your ballot online by clicking here.  

Applicants must select “temporary illness” as the reason for the request. If you are quarantining away from your home, this gives you the opportunity to provide an address where you want your ballot sent.

So, let’s get out the vote this Primary Day June 23! Apply for your ballot online or fill out the application you receive by USPS mail.

If you have any additional questions, please feel free to contact the DC 37 Political Action Dept. at 212-815-1550.

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DEBTS AND THE DECEASED

DEBTS AND THE DECEASED

The DC 37 Municipal Employees Legal Services (MELS) answers your questions about the debts of deceased loved ones, especially during this coronavirus pandemic.

Am I responsible for paying off the debts of a deceased relative?

Generally, the answer is, no. Responsibility for a deceased relative’s outstanding obligation is not automatically transferred to a surviving relative.

Are debts extinguished when the debtor dies?

No. Outstanding debts remain active. Payment of the debts becomes the responsibility of the decedent’s estate. If there are no assets in the estate, meaning the decedent left behind nothing of value with which to pay outstanding obligations, the obligations often go unpaid.

Can I, as a surviving relative, ever be held responsible for the deceased’s outstanding debts?

Yes. There are circumstances under which a surviving relative can be held responsible for payment, such as:

- If a surviving family member co-signed for one (or more) of the deceased relative’s debts, the surviving family member may be responsible for payment of the debt(s),

-If a surviving family member is the executor of the deceased’s estate, and is therefore responsible for settling the debts of the estate, with the assets of the estate, and fails to do so.

-If a deceased person’s spouse was responsible for payment of certain health-care-related expenses under a state law.

What if there was no will?

The lack of a will does not mean that there is no estate. If a relative dies intestate (without a will), the estate will be controlled by intestacy laws. In such cases the court may appoint a representative or an administrator to manage the estate and to settle outstanding obligations.  

What if debt collectors start calling?

- Debt collectors are permitted to speak to a deceased person’s spouse, parents (if the deceased was a minor), a guardian, executor, or administrator about a deceased person’s debts. Collectors are not permitted to speak to anyone else about the nature of the debts.

- Collectors are permitted to contact third parties to obtain contact information of the deceased’s spouse, executor, administrator, or anyone else authorized to pay the deceased’s debts. Collectors are permitted to make such a call only once, unless the collector has reasonable cause to believe that information provided was inaccurate. Collectors may not discuss the nature of the debt with third parties.

What if I feel I am being harassed by collectors?

-To stop a collector from contacting you about a deceased person’s debts you must send notice in writing to the collector stating that you do not want any further contact.

-Send the original letter by certified mail, return receipt, so that you can track and document the date upon which the collector received the letter. Keep a copy of your letter for your files.

-If you are responsible for paying the debt, as executor, administrator, or co-obligor, be aware that although collection letters and phone calls may have stopped, the debt will remain active and creditors may resort to the Courts for collection.

Be aware of scams.

Unless a surviving relative is responsible for paying a debt for one of the reasons listed above, responsibility for payment of the debt of a deceased relative does not attach to surviving relatives. Unfortunately, there are those who seek to frighten and bully people into paying debts that may not be there’s. Before agreeing to make payments on a debt you are not sure is your responsibility, please call (212) 815-1111 to speak with an attorney at MELS.

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