Sunday, June 7, 2009

a funny thing happen on the way to the appeal

I work as an advocate, I don't usually(never really unless we can tap into a project) get paid but I still consider it work. The group I work with HCAP (halifax coalition against poverty) offers free advocacy services for people who are experiencing problems with welfare/poverty rights and landlord tenant disputes. We are not lawyers but we understand the policies and can provide support and information to those who need it.
What motivates us is that we don't like to see people screwed around by the system and our belief that everyone has the right to live a life with dignity. This includes having the resources they need to survive, being treated justly and safely housed. As you can imagine we are not often favorites of the government as we challenge their oppressive rules as much as we can. Sometime we do this creatively - that creativity is not often well received. This creativity can take the forms of demonstration, public street theatre, leafleting/posters to mention just a few. As a result of this creativity the Department of Community Services (Welfare) has refused to work with our advocates. However according to their own policies people on welfare have a right to an advocate of their choice.
Which leads me to this little story - Roger
Roger came to the office one day looking for some help. He had been turned away everywhere else ( which tends to be the typical for us) he had taken a job with a temp service and they lured him in like they had so many others - with the promise of a full-time position with benefits. Due to training and educational barriers he was only able to get labor jobs and due to a bad back he was not able to continue.
He was in he float zone between employment and welfare - he did not submit his cards for welfare for one month and was cut-off - when he called his worker and told him that the job had been a scam and the only thing he was being given were jobs he could not physically do the worker said he would need to reapply for welfare. That is what he did - as well he got a note from a public health nurse that said his back was bad and submitted it to his worker. The worker called the employer and they said that Roger had quit. They told Roger he would need to wait 6 weeks before he could get assistance.
Roger then came to us. We contacted the worker and they said that the nurses's note was not good enough to say Roger had a bad back. Why they did not tell Roger that I am not sure? Then we suggested Roger go to a doctor, which he did and the doctor confirmed the nurse's assessment. The worker said too late the time to appeal the decision had passed - we said we were appealing anyway and the appeal was accepted and a date for the hearing was set.

After negoiating schedules- we finally had a date- I went with Roger to the Halifax office of Community Services. We were in the appeal laying out the facts when the worker asked to be excused to get a document - after waiting more than 20 mins it being clear she was not returning a supervisor Sheila Lenaghan-Hayman came into the room and asked us to step into the hall - we thought something happened to the worker and we would need to reschedule. When I got to the waiting room there was a security guard there as well as the worker and supervisor and I was told I was not permitted in the building and I would have to leave. I was told that if I did not leave I would be arrested - understand I have no warrants, or PPA that would bar me from the building. I asked what was going on - they said because I was a member of HCAP I was not allowed in the building and that no one in the department would deal with me. I advised Roger that he could go on without me but he said no way and that he had waited this long he could wait a little longer.
We contacted the appeal board and they confirmed that the law says that Roger can have an advocate of his choice so the department would need to follow through with the appeal. The second date was set and the appeal was going to happen off-site of the DCS property - Roger,me and the adjudicator showed up at the new location - DCS was supposed to participate by conference call - when we got there they refused to participate and the appeal was cancelled yet again. At this time we submitted a complaint referring to the law and demanding natural justice. A third appeal date was set - this was 6 mos from the original issue. Roger and I showed up for the 3rd appeal hearing and again the department did not show - however unlike times before the appeal went ahead and Roger and I presented our case and the department was absent and silent. After 6 mos. Roger finally had justice - his appeal had been heard and subsequently he won his case.
This case set precidence as it was one of the first off-site of DCS and done without their participation. It was however very stressful and if it was not for the bravery Roger showed to continually stand up for his rights would have ended very differently.

1 comment:

George said...

his is typical of the system and their overpaid/undereducated staff at DCS. They promote people that you deal with and mention here because they are puppets and do whatever they are told. They have no mind of their own and simply follow the "rules" at whatever the cost to another human being and take home their undeserved 60-70,000 per year or more in a supervisor role.