State Bar of Wisconsin Public Interest Law Section

Some scammers have been using a new strategy to reach potential victims. The Social Security Administration (SSA) has received reports from people who received text messages on their cell phones that look like they were sent from SSA. The texts typically warn recipients about an issue with their Social Security Number (SSN) or their benefits and ask them to call a number to resolve the problem. Unfortunately, the goal of the texts is to convince recipients to call the number and disclose personal information, including SSNs, which may then be used to commit identity theft.
SSA will only send text messages to individuals who have opted in to receiving texts from the agency. In addition, SSA will only send texts:

• When individuals have subscribed to receive updates and notifications by text, or
• As part of the agency’s enhanced security when individuals access their personal my Social Security accounts.
SSA will not send texts asking for return calls to an unknown number
If you owe money to SSA because of an overpayment, you will receive a letter that explains your appeal rights and payment options. The agency will not:
• Threaten you with arrest or other legal action unless you immediately pay a fine;
• Promise an increase in your benefits in exchange for payment;
• Require payment by gift card, wire transfer, bitcoin, or by mailing cash; or
• Send official letters or reports with your personal information via email.

If you receive a call, text, or email from SSA that appears to be suspicious, do not respond. Instead, you should report it online at https://oig.ssa.gov/scam-awareness/report-the-scam/.

Greetings!

The Marquette Public Interest Law Society invites you to the 31st Annual Auction on February 16, 2024, from 5-9 p.m. in Eckstein Hall. All donations and funds will go toward funding fellowships that allow first and second-year students to pursue public interest law internships and jobs that would otherwise go unfunded.

How can you participate in the event?

+Attend the Auction:
Tickets for the event are $50 per attendee. Your ticket includes heavy appetizers, soft drinks, and two drink tickets for alcoholic beverages.
+Make a Monetary Donation
Each fellowship provides students with financial support of $4800 and each donation adds up. To give a gift directly to the fund, use the link below
https://give.marquette.edu/make-a-gift/pils
+Donate to the Silent Auction Before February 2
Popular auction items include art, entertainment, and sports packages and the theme this year is “Wonders of Wisconsin”. You can fill out the donation form below:
https://mulaw.wufoo.com/forms/mux04x0017c3wa/

Your support allows students interested in public interest law to explore career fields that may otherwise be closed to them. If you would like to see what our recent group of fellows accomplished check here: https://law.marquette.edu/community/pils-summer-fellows

Hope to see you there!

On November 8, 2023, PILS and GWAAR attorney Christine Huberty testified before the U.S. Senate Health, Education, Labor and Pensions subcommittee to warn about the use of Artificial Intelligence in Healthcare. Specifically, Christine highlighted the use of the naviHealth algorithm used by Medicare Advantage Plans to deny stays in Skilled Nursing Facilities (SNFs) and how it creates patient harm and administrative burdens. Christine asked Congress to consider both increasing transparency and imposing penalties on the users of the algorithm, which have issued erroneous denials for years.

This past October Marquette University Law School hosted a PILS & Possibilities networking event designed to connect students and attorneys and to encourage students to explore the many branches of public interest as viable and fulfilling career options. The event was a huge success and the State Bar of Wisconsin Public Interest Law Section is grateful to have such wonderful partners.

You are invited to participate in the annual PILS & Possibilities event! This structured networking event encourages students to explore the many branches of public interest as viable and fulfilling career options.

This event is on Thursday, October 5th from 5:30-7 pm at Eckstein Hall's Tory Hill Café. Kindly RSVP by Thursday, September 28, 2023.

Eckstein Hall: 1215 W Michigan St. Milwaukee, WI.
RSVP Link: https://mulaw.wufoo.com/forms/pils-possibilities-rsvp/

Only guests who have registered by Thursday, September 28, will be placed on the guest list for validated parking in Eckstein Hall.

PILS & Possibilities RSVP The PILS & Possibilities Event is held each fall for public interest practitioners and law students to gather and learn about each other. Light appetizers will be provided.

The Wisconsin Department of Health Services (DHS) recently announced a new program intended to train 10,000 workers as Certified Direct Care Professionals (CDCPs).

The goal of the program is to provide employment opportunities and increase the availability of in-home service providers for programs like IRIS and Home and Community Based Medicaid services, as well as for residential settings like adult family homes and Community Based Residential Facilities (CBRFs).

In partnership with the University of Wisconsin – Green Bay, the self-paced online curriculum will allow participants to receive free training and certification testing, and to be added to a directory of Certified Direct Care Professionals. Graduates of the program may also be eligible for up to $500 in employment bonuses.

A companion website will allow employers to post job opportunities and connect directly with program graduates.

The CDCP program will complement the state’s existing WisCareGiver Careers CNA training program, which launched in 2018 and offers free Certified Nursing Assistant Training and testing along with employment bonuses.

Health Care Careers in Madison, WI | WisCaregiver Careers Looking for rewarding health care careers in Madison, WI? WisCaregiver Careers is a free program designed to provide jobs, training, & more!

Proposed Rule Clamps Down on Short-Term Insurance

The federal Department of Health and Human Services (HHS) recently issued a proposed rule that would limit the duration of short-term health insurance policies. Short-term health insurance policies are not required to follow the rules that govern employer group health plans or individual plans issued through the Health Insurance Marketplace, so they are allowed to limit the scope of covered services, impose pre-existing condition limitations, and evade prohibitions against annual and lifetime coverage limits. For those reasons, critics have labeled short-term policies as “junk insurance” and have urged the federal government to limit their availability.

Under current rules, short-term plans can be issued for an initial term of 12 months and can be renewed up to a total of three years. The new proposed rule, if finalized, would limit the initial coverage period of short-term plans to three months with an option to renew for one additional month. In addition, the proposed rule would prohibit insurers from repeatedly renewing a customer’s policy. Consumers would still be able to purchase a new short-term plan after an existing policy expires, but it would have to be issued through a different insurance company.

HHS is accepting comments on the proposed rule through September 11, 2023 at:

https://www.federalregister.gov/public-inspection/2023-14238/short-term-limited-duration-insurance-independent-noncoordinated-excepted-benefits-coverage.

Homeless children and youth inherently experience instability and trauma due to their homelessness. Megan L. Sprecher discusses the McKinney-Vento Homeless Assistance Act and how public interest attorneys and advocates can use the federal law to provide much needed educational stability for homeless children and youth.

The McKinney-Vento Act: Maximizing School Stability for Homeless Youth The State Bar of Wisconsin is a professional association dedicated to improving the administration of justice and the delivery of legal services, and to promoting the interests of Wisconsin lawyers.

If you are already licensed and are considering practicing law in a neighboring or other state, you may consider whether you will need to take a bar exam, CLE requirements, how much it costs to apply, etc. Kate Cook lays out some of those considerations to give you an idea of different states’ requirements.

Thinking of Practicing Outside Wisconsin? Here is Every State’s Requirements for Admission by Motion The State Bar of Wisconsin is a professional association dedicated to improving the administration of justice and the delivery of legal services, and to promoting the interests of Wisconsin lawyers.

Social Security Disability payments for disabled individuals reentering society from incarceration are an important lifeline, allowing them to achieve the kind of independence and economic stability that promotes community ties and reduces recidivism. Kelsey Brown presents reasons for these delays and concludes with the impact the delays have on her clients’ lives.

What’s the Hold Up? Delays with the Social Security Disability Decisions The State Bar of Wisconsin is a professional association dedicated to improving the administration of justice and the delivery of legal services, and to promoting the interests of Wisconsin lawyers.

Established in 1963, Older Americans Month (OAM) is celebrated every May. Led by the Administration for Community Living (ACL), OAM is a time for us to acknowledge the contributions and achievements of older Americans, highlight important trends, and strengthen our commitment to honoring our older citizens.

This year’s theme, Aging Unbound, offers an opportunity to explore a wide range of aging experiences and to promote the importance of enjoying independence and fulfillment by paving our own paths as we age.

This May, join us as we recognize the 60th anniversary of OAM and challenge the narrative on aging. Here are some ways we can all participate in Aging Unbound:
• Embrace the opportunity to change. Find a new passion, go on an adventure, and push boundaries by not letting age define your limits. Invite creativity and purpose into your life by trying new activities in your community to bring in more growth, joy, and energy.
• Explore the rewards of growing older. With age comes knowledge, which provides insight and confidence to understand and experience the world more deeply. Continue to grow that knowledge through reading, listening, classes, and creative activities.
• Stay engaged in your community. Everyone benefits when everyone is connected and involved. Stay active by volunteering, working, mentoring, participating in social clubs, and taking part in activities at your local senior center or elsewhere in the community.
• Form relationships. As an essential ingredient of well-being, relationships can enhance your quality of life by introducing new ideas and unique perspectives. Invest time with people to discover deeper connections with family, friends, and community members.

For more information, visit the official OAM website, follow ACL on Twitter and Facebook, and join the conversation using .

Write up courtesy of the GWAAR Legal Services Team, approved for reprint.

These days, there are so many different websites and applications that people use to connect with their family and friends or to share news and ideas with their communities and beyond. Each one of these websites or applications have different safety and privacy considerations along with settings that individuals can use to help ensure that their personal information remains safe.

Facebook is, perhaps, the most popular of all social media websites. It is also one of the most robust sites with many different features. For example, on Facebook you can join groups, find local events, or buy or sell items on Facebook Marketplace. If you post on Facebook, the post may be limited to only your “friends,” or you may be posting publicly in a group or on your page. If you post something and it has a globe icon next to it, this means that the post is visible to anyone, even if they are not your friend on Facebook. You will want to make sure that, by default, this is set to friends only. On Facebook, you can go into the settings and run a privacy checkup to change this. You may also change your settings to limit what people who are not your friend are able to see on your page.

A common scam on Facebook is for someone to pretend to be someone else and then send you a friend request. For example, a scammer might steal one of your friend’s profile pictures and then create a new account with that person’s name. Then, they will send a friend request to all of that person’s friends. So, if you get a friend request from someone but you thought you were already “friends” with that person, double check before accepting the friend request.

Facebook also has a marketplace feature where people can buy and sell items. If you are buying something on Facebook marketplace, never give out your phone number or other personal information. You will also want to meet the seller in a public location. Many police departments have areas in their parking lots for just this purpose. These same guidelines apply if you are selling an item as well. If you are selling an item, a common scam is for someone to message you as if they are interested and ask for your phone number to call. Then, they will ask you to share a Google voice verification code. Do not provide this number to the scammer! Instead, report the account to Facebook as a scam. For more information on this particular scam, visit: https://consumer.ftc.gov/consumer-alerts/2021/10/google-voice-scam-how-verification-code-scam-works-and-how-avoid-it.

Instagram/Twitter/TikTok

Instagram is owned by Meta, the same company that owns Facebook. Instagram is a platform for sharing pictures and short videos. When you create an Instagram account, you may want to set the account to private. If your account is not set to private, anyone can “follow” you and view the content you post. If you leave your account public, you will want to be careful not to share any personal information in your posts. Similar to Facebook, people may create fake Instagram accounts to trick you into falling for a scam.

For more information on what to watch out for on Instagram, visit: https://help.instagram.com/514187739359208.

Twitter and TikTok are two very different kinds of social media platforms, but they are similar to Instagram in one regard. Like Instagram, on Twitter and TikTok you may have your profile public where anyone can follow you without having to approve those requests, or you can set your profile to private so that you must approve any requests to “follow” or see any content that you post. It’s recommended that, unless you’re a public figure or are trying to get famous, that you set your profiles to private.

Snapchat

Snapchat is an app where users can share photos or short videos directly with friends or a group of friends. These photos or videos will typically disappear after viewing. A common misconception is that this is a safer way to share content since the content disappears after viewing. However, this does not mean this content will go away forever. Someone may take a screen shot of a photo or record a video with another device. So, you will want to be careful about what you share on Snapchat.

Snapchat users can also create “stories” which is one or multiple photos and/or videos viewable for a 24-hour period. By default, only 'friends' you've added on Snapchat can contact you directly or view these stories. Another common misconception about Snapchat is, if you post a photo or video to the “Snap Map” these are viewable to any Snapchat user, even if you haven’t added them as a “friend.” For more information on Snapchat safety, visit: https://help.snapchat.com/hc/en-us/articles/7012304746644-How-to-Stay-Safe-on-Snapchat.

Nextdoor

Nextdoor is a social networking site that is localized to only the user’s own neighborhood and surrounding areas. It requires users to verify their location via phone, geolocation, or by mailing a code to the user’s address. This means that, in theory, all the users that are connected with one another live in the same neighborhood. However, as scammers always seem to do, they have found ways to get around Nextdoor’s verification system. So, even though it’s relatively safe to engage with your own neighbors on the platform, you still want to remain vigilant.

Nextdoor also has a marketplace feature where neighbors can buy, sell, trade, or give away items. The same safety precautions for buying and selling online apply to any such transaction on Nextdoor. You will want to meet the person in a public location near security cameras if at all possible and you will want to stay vigilant for scams. For more information on protecting your privacy and safety on Nextdoor, visit: https://help.nextdoor.com/s/article/privacy-and-safety-on-nextdoor?language=en_US.

Reddit

Reddit is a news and content sharing website. Users submit content to the site such as news article links, text posts, images, and videos, which are then voted up or down by other users. This voting determines how visible the post becomes.
Posts are organized by subject into user-created boards called "subreddits." These posts are visible to the entire world regardless of the subreddit you are in. For example, if you are in the Madison, Wisconsin subreddit, it’s not just Madison residents or group members who can see those posts. Reddit users typically remain anonymous, and you will never want to put your personal information in any Reddit post. Subreddits are monitored by moderators or “mods” who will typically remove a post that contains personal information, such as a phone number, but once your information is out on the internet, it’s too late. People may have already copied or taken a screenshot of your personal information. It’s best to just not do it in the first place.

Dos and Don’ts

Finally, some dos and don’ts that apply to most or all of these platforms.
• Do review the privacy settings in the app or website.
• Don’t create a username containing identifying information, such as names, birthdays etc. For example, “ParkersGranny1952” is not a good username because it reveals the year the person was born and the name of one of their grandkids. A good username would be something like “Loves2Fish77889” or “BakewithGma9496” as long as those numbers don’t mean anything like digits of a phone number or zip code.
• Do change your passwords for social media websites frequently.
• Don’t give out your phone number to a stranger and don’t ever give anyone a verification code that you get via text, email, or voice call.

Write up courtesy of the GWAAR Legal Services Team, approved for reprint.

The Google Voice scam: How this verification code scam works and how to avoid it It’s Cyber Security Awareness month, so the tricks scammers use to steal our personal information are on our minds.

Are you interested in issues affecting older adults and caregivers? Would you like to tell your legislator what aging/caregiver services mean/have meant to you, your family, or those you serve?

Join members of the Wisconsin Aging Advocacy Network (WAAN), aging network professionals, older adults, and family caregivers to “tell your story” and help educate state legislators about issues impacting Wisconsin’s aging population.

Citizens from around the state will gather in Madison on Tuesday, May 9 for training, to meet with other constituents from your Senate and Assembly district, and for office visits with your legislators. No experience is necessary; you’ll get the training and support you need before meeting with state lawmakers. Following the training, join others from your state Senate and Assembly district to provide information and share personal stories with your legislators to help them understand how specific policy issues and proposals impact you, your family, and older constituents.

Wisconsin Aging Advocacy Day (WIAAD)
Schedule—10:00 a.m. — 3:00 p.m.
Best Western Premier Park Hotel, 22 S. Carroll St., Madison and the Wisconsin State Capitol
9:00 – 10:00 a.m.: Event check-in, Best Western Premier Park Hotel
10:00 a.m. - Noon: Training - Issue briefing/advocacy skills, district planning time & lunch, Best Western Premier Park Hotel
12:15 p.m.: Cross the street to the State Capitol
12:30 p.m.: Group photo, State Capitol – Martin Luther King, Jr. Entrance (accessible)
1:00 – 3:00 p.m.: Legislative visits, advocacy activities/networking, check-out and debriefing, State Capitol Offices and North Hearing Room—2nd Floor
Your voice can make a difference!

Aging Advocacy Day 2023 activities focus on connecting aging advocates with their legislators to this year’s WAAN priorities: ADRC Investment (incl. Elder Benefit Specialist funding); Paid and Unpaid Long-Term Care Support (including Family Caregiver Tax Credit, WI Family and Medical Leave expansion, and Medicaid wage lifts), Home Delivered Meal Service funding, and Transportation funding (the priorities are subject to change).

Registration began March 15, 2023, at: https://gwaar.org/aging-advocacy-day-2023 or contact your local aging unit or ADRC. Registration deadline is April 26, 2023.

Write up courtesy of the GWAAR Legal Services Team, approved for reprint.

Aging Advocacy Day 2023 Aging Advocacy Day 2023 The Wisconsin Aging Advocacy Network (WAAN) is planning for an in-person Aging Advocacy Day (AAD) 2023 event in Madison...

When the Social Security Administration (SSA) makes a determination that it paid an individual more than they were entitled to, this creates an “overpayment.” A person can dispute the overpayment with a request for reconsideration (appeal), or the person can request a waiver. A waiver states that even though the person was overpaid, they were not at fault in causing the overpayment and they cannot afford to pay the money back, or the overpayment is unfair for some other reason.
In order to prove the inability to pay the money back, an individual completes an overpayment waiver form, which asks for details regarding income and expenses. SSA then considers whether expenses equal or exceed that income. The waiver form previously provided a margin of $25 on expenses, recognizing that every household has some unbudgeted or unaccountable expenses.

However, a new change provides a higher margin of $55. Going forward, total expenses plus the $55 margin will be compared to total income, giving people more leeway for unexpected expenses. The lower margin had long been challenging for individuals to navigate because $25 did not reflect the reality of current-day household costs.

The SSA’s Program Operations Manual System (POMS) has been updated with the $55 margin in GN 02250.100 (section D4), however, the overpayment waiver form has not been updated yet. Regardless, the $55 margin will apply going forward and waiver requests will be processed using the updated margin.

This update will make the waiver process more accessible because it better reflects current financial realities for older adults and people with disabilities who receive Social Security benefits.

This release provided in part by Justice in Aging: https://justiceinaging.org/

Health fraud has been around for centuries. These scams involve selling drugs, devices, foods, or skincare products with claims that they will help with common health issues, like weight loss, memory loss, or joint pain. Unfortunately, these products usually don’t work as advertised, and at worst, they’re dangerous. Read on to learn about some common types of health fraud scams.

• Miracle Cures

These ads will often use testimonials from patients or medical providers who say that you’ll get “miraculous results.” Spoiler alert: you won’t. Remember that success stories like these are easy to make up, and reviews you read on social media may be fake.

• Quick Fixes

Watch out for ads that promise results in “30 days or your money back” or other unrealistic timelines. Remember that few conditions can be treated quickly, even with proven treatments.

• “Ancient Remedies” and “All Natural” Cures

These words are used to try to make you believe that products are safer or have a longer track record than more mainstream treatments. Don’t be fooled by these descriptions. Remember that some ancient civilizations believed that drinking mercury would increase a person’s lifespan. (We now know that exposure to mercury can have serious effects, ranging from headaches and tremors to death.) In addition, the Food and Drug Administration (FDA) has found many products advertised as “all natural” treatments that actually contain high doses of prescription drug ingredients.

• Scientific Breakthroughs

These ads use words that sound scientific or refer to prestigious awards. Some examples include “Nobel Prize-winning technology,” or “Extreme Thermogenic Formula.” Sometimes ads will mischaracterize research studies and draw conclusions that the researchers themselves didn’t make.

Before purchasing a product you’ve seen advertised, talk to your doctor or other health care professional. Ask whether the product works and whether there is any scientific research that supports the advertisers’ claims. If you are taking any supplements or prescription drugs, ask whether using the product will lead to any harmful interactions. If the product is safe to use, ask how much you should take and whether there are any side effects you should know about.

You can also do some research on your own. Search for the name of the product online with the words “reviews,” “complaints,” or “scam.” If the ad mentions any scientific studies, look up the researchers and whether the studies were published in a scientific journal.

If you think you’ve found a scam, consider reporting it to the Federal Trade Commission (FTC) at ReportFraud.ftc.gov. The FTC and law enforcement agencies use these reports to stop scammers. If you experience side effects or illness related to a health care product, seek medical help immediately. You can report it later on the FDA’s MedWatch website.

Write up courtesy of the GWAAR Legal Services Team, approved for reprint.

JUSTICE IN AGING – Fighting Senior Poverty Though Law Everyone deserves quality health care and sufficient resources to be able keep a roof over their heads, pay for food and medicine, and meet their other basic needs. But in America today that vision is out of reach for nearly half of older adults. Our approach to advocacy directly improves the lives....

Register today!

The Metropolitan Milwaukee Fair Housing Council is offering a free attorney training focused on developments in local, state, and federal fair housing laws. The training will take place on May 2, 2023, from 9:00 a.m. to 12:00 p.m. at the Radisson located in Milwaukee (2303 N. Mayfair Rd.) and will be submitted for approval of three continuing legal education credits to the Board of Bar Examiners. Attorneys and individuals working with fair housing organizations will receive updates from local and national fair housing experts, Stephen Dane and Colin Good, on changes to local, state, and federal housing laws, including updates on disability discrimination, source of income discrimination, lending discrimination, and much more. Attendees will receive guidance on best practices for handling fair housing issues and opportunities to volunteer with our organization. In addition to course materials, we will also provide light food and beverages for attendees.

Please register to attend by filling out the enclosed form by April 17, 2023:

Metropolitan Milwaukee Fair Housing Council's Fair Housing Attorney Training The Metropolitan Milwaukee Fair Housing Council will be hosting a fair housing attorney training on Tuesday, May 2nd, 2023 from 9 am to 12 pm. The training will be conducted by Attorney Colin Good of Hawks Quindel, S.C. and Attorney Stephen Dane of Dane Law LLC. The training will focus on fair housi...

It is not too late to register for the March 24 webcast seminar! Join us tomorrow at For Everyone's Benefit: Public Benefits Beyond the Basics to learn about the public health emergency unwinding, incarceration and public benefits, benefits for tribal members, and more. We hope to see you there!

For Everyone's Benefit: Public Benefits Beyond the Basics 2023 Produced by the Public Interest Law Section of the State Bar of Wisconsin in partnership with State Bar of Wisconsin PINNACLE® Make friends with public benefits In the early days of COVID-19, the Secretary of the Department of Health and Human Services (HHS) declared a public health emergency (PHE)...

Coming up this Friday – Public Benefits Beyond the Basics webcast seminar!

Ellen Pimentel of Judicare Legal Aid will share rules you can use working with tribal members and public benefits. She will explain the rules and regulations that cause confusion for tribal members and legal practitioners, as well as the Tribal General Welfare Exclusion Act of 2014.

For Everyone's Benefit: Public Benefits Beyond the Basics 2023 Produced by the Public Interest Law Section of the State Bar of Wisconsin in partnership with State Bar of Wisconsin PINNACLE® Make friends with public benefits In the early days of COVID-19, the Secretary of the Department of Health and Human Services (HHS) declared a public health emergency (PHE)...

March 24, 2023 is the big day!

Join our section to hear a panel discussion by:
-Lars Brown, Deputy Bureau Director of WI Department of Health Services,
-Corinne H. Coburn, Reentry Legal Services Attorney with Legal Action of Wisconsin,
-Boon Coleman, Opening Avenues to Reentry Success (OARS) Contract Specialist,
-Travis Gaetz, Public Defender and OARS specialist, and
-Shannon Ross, Executive Director of The Community.

The panel will provide a practical discussion of the issues and challenges in navigating the system from attorney, inmate, agency, community support and other stakeholder perspectives.

For Everyone's Benefit: Public Benefits Beyond the Basics 2023 Produced by the Public Interest Law Section of the State Bar of Wisconsin in partnership with State Bar of Wisconsin PINNACLE® Make friends with public benefits In the early days of COVID-19, the Secretary of the Department of Health and Human Services (HHS) declared a public health emergency (PHE)...