Disability Rights Unit & Homeless Outreach Project (DRU/HOP)

Get to know DRU/HOP

DRUHOP is a unit within Legal Aid dedicated to assisting and advocating for individuals living at the intersection of homelessness and disability. We specialize in advocating for some of the most vulnerable members of our community – ensuring access to the critical support that they are entitled to. Examples of critical support that DRUHOP advocates for include:

Obtaining or preserving access to disability benefits
Individualized education plans (IEPs)
School discipline hearings
Estate planning for seniors
Grant funded special initiatives (Homeless Veterans’ Justice, Youth Homeless Prevention, etc)
Specific court filings aimed at addressing systemic inequities.

We also get out into communities by doing outreach events to help understand the needs of communities, literally meet folks where they are, and make the community aware of who we are and how we might be able to help.

Disability Rights Unit

LASEV’s Disability Rights Unit (DRU) focuses on protecting and advancing the rights of people with disabilities through legal advocacy in areas such as housing, education, public benefits, access to healthcare, and protection from discrimination.

IEP - Individual Education Program

An Individual Education Program (IEP) is a plan set in place to ensure students with disabilities who require special education services receive the services and accommodations they need to achieve a “free appropriate public education.” IEPs are governed by the Individuals with Disabilities Education Act (IDEA), which states that children with disabilities are entitled to a “free appropriate public education” or FAPE. This must occur in the “least restrictive environment” or LRE.

504 Plan

A 504 plan is a written plan that includes modifications, accommodations, and services that a child requires to participate in school. A 504 plan is covered by § 504 of the Rehabilitation Act of 1974 and its subsequent amendments. 504 plans can be either written or oral.

Due Process

A due process hearing is a hearing where the school and parents can work to resolve disagreements. It is a guaranteed right of parents under both state and federal law.

Manifestation Determination Review (MDR)

A Manifestation Determination Review is a meeting with the parents, the school, and the IEP team to determine if a student’s violation of the school code of conduct was due to their disability or because the school failed to implement the student’s IEP correctly.

Truancy

- Truancy is the act of accruing one or more unexcused absences.
- Each local school board shall provide guidance regarding what would constitute an excused absence in order to address when the explanation provided by the parent will be determined to be reasonable and acceptable.
- Each local school board shall develop procedures to ensure that appropriate interventions will be implemented when a student engages in a pattern of absences less than a full day, the explanation for which, if it were a full-day absence, would not be deemed an excused absence
- “Excused absence” means an absence of an entire assigned instructional school day with a reason acceptable to the school administration that is provided by the parent. Examples of an excused absence may include, but are not limited to, the following reasons: funeral, illness (including mental health and substance abuse illnesses), injury, legal obligations, medical procedures, suspensions, religious observances, and military obligation.
- “Unexcused absence” means an absence where (i) the student misses his scheduled instructional school day in its entirety and (ii) no indication has been received by school personnel within five days of the absence that the student’s parent is aware and supports the absence, or the parent provides a reason for the absence that is unacceptable to the school administration.
- When a student has received five unexcused absences, the school principal or designee shall make a reasonable effort to ensure that direct contact is made with the parent and an attendance plan shall be made with the parent or parents to resolve the nonattendance issues.
- When the student accrues a seventh unexcused absence, the school principal or principal’s designee shall schedule a face-to-face attendance conference, or an interaction that is conducted through the use of communication technology. The attendance conference must be held within 10 school days from the date of the 10th unexcused absence.

Bullying

- Code of Virginia defines bullying as “any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim; involves a real or perceived power imbalance between the aggressor or aggressors and victim; and is repeated over time or causes severe emotional trauma.” This includes cyberbullying, but does not include “ordinary teasing, horseplay, argument, or peer conflict.”
- Each school division or board of education shall have policies and procedures in their respective code of student conduct pocies that includesd a prohibition on bullying.
- Virginia law directs the principal or his designee to notify the parent of any student involved in an alleged incident of bullying within 24 hours of learning of the allegation of bullying. The principal is required to notify parents of the status of any bullying investigation involving their child within five school days of the incident.
- Parents have a right to review “any audio-visual materials that contain graphic sexual or violent content used in any anti-bullying or suicide prevention program.”
- Each school division is required to have a character education program. The character education program shall be used to instill in students civic virtues and personal character traits so as to improve the learning environment, promote student achievement, reduce disciplinary problems, and develop civic-minded students of high character.
- If a school division is not addressing the incidents of bullying, schedule a meeting with the school immediately. Ask the school what they are doing to address bullying and hold them responsible for creating a safe-environment for not only your student but for the community at large.

Social Security Disability Income (SSDI)

SSDI (Social Security Disability Income) is an insurance program that a person pays into from their earned wages at a job or when filing taxes as a self-employed person. To qualify for SSDI benefits you must either be blind or have a disability that affects your ability to work. Your ability to work must be predicted to last at least 12 months or result in death. In addition to having a disabling condition, generally, you must have worked and paid into the program for at least 5 of the last 10 years to qualify. Your benefit amount is calculated based on several factors including the amount of time you worked and paid into the program. If you choose to work while earning SSDI benefits, you must not earn more than what Social Security (SSA) calls “substantial gainful activity” (SGA). The SGA thresholds change yearly.

Supplemental Security Income (SSI)

SSI (Supplemental Security Income) is a program under SSA that helps people who are either 65 years old or older or who have little to no income and resources and are blind or disabled. To qualify for SSI benefits before age 65 an individual must go through the same medical review and be deemed disabled by the same standards as an individual applying for SSDI benefits. An individual can apply for both SSI and SSDI benefits at the same time without their eligibility for one program or the other being affected. The maximum monetary amount that a person can receive from SSI is set annually by Congress.

Overpayment

An SSA overpayment is when SSA determines that you received more benefits in one or months than you were entitled to at the time. Overpayment can occur for various reasons including, but not limited to, a change in income, incarceration, or SSA making an error in benefit calculation. If you receive an overpayment, generally SSA will sent you notice in the mail that you should read very carefully or seek help with reading. Your notice will provide you with ways to resolve the overpayment matter through either repayment, a waiver (a request to SSA asking them to waive some or all of the overpayment because you do not believe the overpayment was not for your fault or you cannot afford to repay it even though you may agree that you owe it), or an appeal (a request to SSA to have them review your overpayment decision if you believe you were not overpaid or the overpayment amount is incorrect).

Appeals

There are a variety of things that can be appealed within the realm of SSA. You can appeal a first denial of SSI or SSDI benefits at the initial level by submitting a Request for Reconsideration. Your file will be given to a new analyst to review the facts of your case and come to their own determination. You can also submit any new medical evidence that you may have or that was not considered at the initial level. If you are denied a second time at the reconsideration level, you can appeal to have your case heard by an Administrative Law Judge (ALJ) by completing a Request for Hearing by Administrative Law Judge. Your case will be given to an ALJ to come to their own determination. Again, you will have the opportunity to present new medical evidence that you may have or that was not considered during the first two reviews. If you are denied by the ALJ, then you may appeal that decision to the Appeals Council by submitting a Request for Review of Hearing Decision/Order. Any additional evidence must be submitted at the time of your Request unless you select the box requesting additional time to submit evidence. Finally, if you disagree with a decision made by the Appeals Council, you have the right to file a civil suit. You typically have 60 days from the date of your denial notice to appeal the decision. Generally, SSA starts the 60 day count for an appeal 5 days after the printed date on your notice.

You may also appeal an overpayment. If you believe that you were not overpaid or that the overpayment amount is incorrect, you can submit an SSA-561-U2 – Request for Reconsideration. You have 60 days from the date of your original overpayment notice to request an appeal of the overpayment decision.

Estate Planning

Will

A legal document that states a testator’s wishes and instructions for managing and distributing their estate after death.

Power of Attorney

Provides legal authorization for a designated person to make decisions about another person’s property, or finances.

Advance Medical Directive (Living Will)

Appoints an agent or individual to make health care decisions on your behalf if you cannot communicate your wishes.
Includes instructions about specific medical treatments you do or do not want.
Also includes whether you wish to be resuscitated.

Homeless Outreach Project

LASEV’s Homeless Outreach Project provides civil legal services to individuals and families experiencing or at-risk of homelessness. With a strong emphasis on outreach and meeting clients where they are, HOP provides holistic, client-centered advocacy aimed at removing legal barriers and promoting long-term stability.

Legal Services for Homeless Veterans

LASEV is honored to be a recipient of the U.S. Department of Veterans Affairs’ new Legal Services for Homeless Veterans and Veterans At-Risk For Homelessness grant. This grant funds an attorney and social worker to focus on the needs of homeless and at-risk veterans throughout our heavily military populated service area. Pursuant to this grant, our project staff assists veterans with a variety of civil legal needs to obtain stability, including accessing government benefits and health care, housing, employment, consumer, and family law matters, criminal defense in matters symptomatic of homelessness, and requests for an upgrade to the character of discharge from the U.S. Armed Forces.

Benefits for Homeless Veterans

Homeless Youth Outreach

We are here to provide comprehensive legal assistance and holistic advocacy to homeless youth under 25 in South Hampton Roads.

Services Offered:

Legal assistance for civil legal issues such as housing matters
Help with public benefits and social security applications
Support for criminal record expungements
Assistance with eviction expungements
Aid in name changes and gender marker changes
Support in obtaining protective orders
Legal guidance on family law matters, including but not limited to, child custody, visitation, and child support
Education matters
Assistance with accessing housing