Contents of the Personal Advocate Expert Guide

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Freedom of Information Act

The purpose of the Freedom of Information Act (FOIA) is to encourage public access to government information and to enable individual citizens to obtain such information without administrative burdens. This Act was enacted to overcome restrictive agency interpretations of government regulations which were used to withhold information from the public.

Disclosure of federal agency activities holds government officials accountable and ensures that an informed citizenry will serve as a check against corruption. These goals are vital to the functioning of a democratic society.

FOIA requests are relatively simple to prepare, easy to file, and usually result in only modest charges for record searches and document copying. Mark your envelope "FOIA Request." Names, titles, addresses, and telephone numbers change frequently. To avoid mail room delays, call the agency's FOIA officer to confirm the address and discuss how to identify the requested information.

For more information, see:

Agencies Subject to FOIA

Documents Available Under FOIA

FOIA Fees

Agency Response

Freedom of Information Appeal


Agencies Subject to FOIA

The agencies subject to the FOIA are defined by the Federal Administrative Procedures Act. Also subject is any executive department, military department, government corporation, government-controlled corporation, or other establishment in the executive branch of the Government, including the Executive Office of the President. Any independent regulatory agency is also subject to the FOIA.

In addition, government corporations, such as Federal Deposit Insurance Corporation (FDIC), Tennessee Valley Authority (TVA), the Postal Service, and Amtrak, are subject to the Act. Congress and the courts are not subject to the Act because it only applies to the Executive branch of the federal government. Thus, an entity that merely serves as a consultant is not covered. The Library of Congress is not covered because it is part of the legislative branch.

"The United States Government Organization Manual"(available at most libraries) describes agency functions and will assist you in identifying and locating the agency likely to have the information you desire.

Additional information about agencies is published in the Federal Register. The Register contains a regularly updated index regarding each agency's FOIA policy. The Code of Federal Regulations contains agency regulations. These resources generally are available at major libraries and law libraries.

For more information, see:

Freedom of Information Act

Documents Available Under FOIA

FOIA Exemptions

Setting Limitations

Freedom of Information Appeal


Documents Available Under FOIA

Each government agency must make the following items available for public inspection and copying:

1.	Opinions and orders made in the adjudication of cases;

2.	Statements of policy and interpretations which have been adopted by the agency but are not published in the Federal Register;

3.	Administrative staff manuals and instructions to the staff that affect a member of the public.

If these materials actually are offered to the public for sale, they do not need to be made available for inspection and copying.

A person must provide a reasonable description (not too broad) to enable the government employee to locate the requested material. The identification requirement is not to be used as a method to withhold information.

Each federal agency covered by FOIA maintains an index identifying its information. These lists are available for public inspection and copying. Generally, indexes begin as of July 4, 1967, and are published quarterly.

Sometimes copies of an index are available for the price of duplication. If you request such an index, identify the time frame in which you are interested to minimize the duplication costs. For example, you may want only information available since 1990 on a particular topic.

You may want to refer to "The United States Government Organization Manual," available at most libraries. This publication describes the various agency functions and will assist you in locating the agency that may have the information you desire. Also, you may contact the Public Affairs or Freedom of Information office of an agency by telephone to discuss the method of identifying the requested material.

For more information, see:

Freedom of Information Act

Agencies Subject to FOIA

FOIA Fees

FOIA Exemptions

Freedom of Information Appeal

Setting Limitations


FOIA Fees

The types of charges that can be assessed depend upon the status of the requester:

1.	If the requested material is for business use, fees are limited to the direct cost for document search, duplication, and review. Review costs are the initial examination of the document(s) to determine if the requested information is exempt from disclosure.

2.	If the request is made by a representative of the news media or an educational or non commercial scientific institution whose purpose is scholarly or scientific research, fees are limited to the direct cost for duplication only.

3.	If the request does not fall within one of the above two categories, then the fees are limited to the direct cost for document search and duplication.

No fee will be charged for the first two hours of search time or first 100 pages of duplication. No agency may require advance payment of a fee unless the fee will exceed $250 or the requester previously has failed to pay fees in a timely fashion. However, if a fee schedule has been established for the requested information under a statute other than FOIA, then that fee schedule applies.

Review your itemized statement to ensure that the fee charges are appropriate. For example, requests for business/financial gain are subject to search, duplication, and review fees.

For more information, see:

Freedom of Information Act

FOIA Exemptions

Freedom of Information Appeal

Waiving or Reducing Fees

Setting Limitations

Agency Response


Waiving or Reducing Fees

The fees charged for document search and duplication may not be used as an obstacle to disclosure of information. FOIA specifically provides that journalists, historians, and other academicians may only be charged document copying costs.

Also, you can request waiver or reduction of fees if the disclosure of the requested information is in the public interest and is likely to contribute significantly to the public understanding of the operations or activities of the government.

If you are writing on behalf of a nonprofit group, provide the group's tax-exemption number. Also describe your group's service to the public. Describe how the information will be disseminated to the public. For example, the information may be incorporated into an article in your organization's newsletter.

Arguably, fees should be reduced or waived for any request, except one for personal or business gain, because the release of information contributes to public debate of government actions.

For more information, see:

Freedom of Information Act

FOIA Exemptions

FOIA Fees

Freedom of Information Appeal

Setting Limitations

Agency Response


Setting Limitations

Your request may yield many more documents than you originally expected. By setting a time limit to your search, you may reduce the number of documents responsive to your request. By selecting a dollar limit, you alert the agency that there is a limit on the amount of material requested and the amount you are willing to pay. Also, any additional information you can provide with your request will assist the agency's search. For example, you could provide a news account relative to your request.

To limit your request, you may review the documents retrieved or the agency's index. However, you or your representative may be required to travel to the agency to review these. Some agencies have indexes available for purchase or for no charge.

For more information, see:

Freedom of Information Act

Documents Available Under FOIA

FOIA Fees

Waiving or Reducing Fees

Agency Response


Freedom of Information Appeal

The disclosure of information under the Freedom of Information Act does not depend upon a showing of need or interest by a particular applicant for the records. If an agency's response to your FOIA request has not been satisfactory, you may write an appeal letter.

For example, an appeal is appropriate if:

1.	Your request has been denied, in whole or in part;

2.	Your fee waiver/reduction request has been denied;

3.	The fees charged appear excessive;

4.	The basis for exemptions has not been properly identified;

5.	The agency simply has failed to respond to your request.

When an agency denies your request, it is required to inform you of your right to appeal its decision. It also must provide the name and title of the person who denied your request and to whom you should direct your appeal. Your appeal should be made within the time frame identified in the agency's response (generally 30 days). If the stated time for your appeal has expired, you still may send your appeal, and the agency may consider it. If not, you still have the option of beginning the process again with a new FOIA request for the same material.

You actually may write several appeals, each dealing with a different aspect of the agency's response. For example, you may appeal initially for your request for waiver or reduction of fees. After you receive the material, you may want to appeal the exemptions that are claimed.

If you are not satisfied with the agency's response to your appeal, the Act also provides for judicial resolution of any dispute regarding an agency's failure to provide information as required by the Act. Contact your attorney regarding your judicial appeal rights.

For more information, see:

Freedom of Information Act

FOIA Exemptions

Agency Response

FOIA Fees

Waiving or Reducing Fees


Agency Response

The FOIA requires an agency to respond within 10 business days of receiving a request. (Saturdays, Sundays, and legal public holidays do not count.) An agency may take an additional 10-working-day extension to search or collect materials from facilities separate from the office processing the request.

Some agencies take longer because of mail delays and the sheer volume of records to be researched. Be patient. You may want to telephone the FOIA officer to discuss your request and obtain an estimated response date. Keep notes of your calls, including the date and the name of the person with whom you spoke. This information may be useful if you need to appeal.

You may appeal with a simple letter. Don't worry about making a complex argument for your appeal. The agency knows the rules, and your letter may allow your request to be reconsidered or even considered by a higher level in the agency.

Remember to keep your appeal business-like. A reasonable appeal will be more persuasive than a belligerent one and is more likely to achieve the desired results.

It can be helpful to write your congressperson if you are not satisfied with an agency's response. Enclose copies of all the correspondence with the agency, including notes of telephone conversations. This information will be helpful in resolution of the matter. Personal Advocate provides a format to write to members of congress.

Even if you do not receive the information you desire from the agency, your letter will let your representative know that constituents care about access to government information under the Freedom of Information Act.

For more information, see:

Freedom of Information Act

Freedom of Information Appeal

FOIA Fees

FOIA Exemptions

Agencies Subject to FOIA

Letter to Government Official


FOIA Exemptions

The FOIA presumes that all federal records except those falling within specific exemptions are available to anyone. The Act is NOT intended as a means for private individuals to discover facts or opinions that foreign, state, or local law enforcement agencies have collected or made about private parties. Exempted are:

1.	Matters properly required by executive order to be secret for national defense or foreign policy.

2.	Matters related solely to internal personnel policies and practices of the agency.

3.	Matters specifically exempted from disclosure by another statute.

4.	Trade secrets and commercial or financial information that is considered privileged or confidential.

5.	Inter- or intra-agency memorandums or letters not available by law to a party other than an agency in litigation with the agency.

6.	Personnel, medical, and similar files which would constitute a clearly unwarranted invasion of privacy.

7.	Records/files compiled for law enforcement purposes.

8.	Matters contained in or related to examination, operation, or condition reports prepared by, on behalf of, or for use of, an agency responsible for the regulation or supervision of financial institutions.

9.	Geographical or geophysical information and data, including maps and wells.

If an entire document does not fall within a stated exemption, the exempt portions will be deleted, and the remainder of the document provided to the requester.

In addition, the agency may delete any information that would constitute an unwarranted invasion of personal privacy. The agency must explain fully in writing its justification for the deletions.

For more information, see:

Freedom of Information Act

Agency Response

Freedom of Information Appeal

FOIA Fees

Waiving or Reducing Fees


Personal Records

To assist you in obtaining information for your personal records and in maintaining those records, Personal Advocate provides both record-keeping forms and letters requesting various types of personal records through the Personal Records menu.

You can request birth, death, and marriage certificates as well as divorce decrees and copies of school records. In addition, forms are provided for recording names and numbers necessary in emergencies and also information pertaining to wills and personal finances. Click on any category depicted on the buttons displayed here to move to the topic. Use the browse buttons to move through related topics.


Vital Certificates and Decrees

The purpose of this document is to obtain a copy of a birth certificate or death certificate from a state vital statistics office. In addition, information is provided to assist you in obtaining a copy of a marriage certificate or divorce/annulment decree from the appropriate office.

For more information, see:

Request for Birth or Death Certificate

Request for Marriage Certificate


Request for Birth or Death Certificate

An official certificate of every birth and death is on file in the vital statistics office in the state where the birth or death occurred. This program provides the addresses for the state vital statistics offices along with a phone number.

Because the fees are subject to change, you may want to call to verify the current fee, the acceptable form of payment, and the name to whom payment should be made. A cash payment is not recommended because it does not provide proof of payment. Once you have verified the fee and form of payment, you can prepare this letter requesting a birth certificate or death certificate.

For more information, see:

Request for Marriage Certificate or Divorce Decree


Request for Marriage Certificate or Divorce Decree

Copies of marriage certificates or divorce decrees are generally filed in a city, county, or other local office where the event occurred. This program identifies the information generally required to request these documents. Because of the vast number of possible offices where marriage and divorce records may be obtained, this program does not provide a listing of such addresses.

To obtain the appropriate address, please refer to a telephone book or call directory assistance for the locale where the event occurred. Libraries have copies of phone books from other cities for your reference.

When you call the local records office, you should request the appropriate address, verify the applicable fee and acceptable form of payment, and obtain the name to whom payment should be made. Once you have this information, you can prepare this letter requesting a marriage certificate or a divorce decree.

For more information, see:

Request for Birth or Death Certificate


Wills and Financial Data

The Wills and Financial Data documents will assist you in the organization of your various personal records. You may want to review the program before entering the data to see the types of information that the program requests. Have copies of your records available to facilitate entering the information. Consider the order in which the information will be entered.

For more information, see:

Personal Records


Emergency Names and Numbers

The Emergency Names and Numbers document can be left with a babysitter or caregiver. It provides emergency telephone numbers such as your fire department or physician in addition to the numbers of relatives who should be contacted in case of an emergency. In addition, you may enter information relating to special conditions, medications, allergies, or other circumstances that someone caring for your children or another dependent should know about. You may want to provide this document to other persons who may have to deal with your children in an emergency, such as a trusted coworker.

For more information, see:

Personal Records


Social Security Benefits

The social security taxes paid by employees, employers, and self-employed persons fund a system of benefits intended to supplement pensions, insurance, savings, and other investments accumulated during an individual's working years. Social security also provides benefits to family members if the employee retires, becomes disabled, or dies.

For more information, see:

Request Earnings and Benefit Statement

Earning Social Security Credits

Applying for Social Security Benefits

Social Security Disability Benefits

Lost Card / Name Change

Report of Change

Supplemental Security Income

Applying for Retirement Benefits


Request Earnings and Benefit Statement

The Social Security Administration offers a free personal Earnings and Benefit Estimate Statement. This statement shows your social security earnings history and estimates how much you have paid in social security taxes. It also estimates your social security retirement and disability and survivor benefits and tells you how you can qualify for these benefits.

By requesting your Earnings and Benefit Estimate Statement, you can confirm that social security has accurately tracked your contributions to date. The statement includes wages from employment and self-employment income. If your earnings records differ from those of the Social Security Administration, you can call the toll-free number on the statement to clarify the discrepancy.

Also, when you receive your earnings statement, you can use it to start planning for your financial future. The actual amount of social security credits earned and the benefit estimates may change. How accurately you predict your earnings will affect the accuracy of your benefit estimates. Social security is not designed to meet all your future financial needs. You will need additional sources of income during your retirement.

Social security is allowed to collect the information contained in this form under Section 205 of the Social Security Act. This information is required to identify your record and prepare the earnings statement.

Giving these facts is voluntary, but without them the Social Security Administration may not be able to give you an Earnings and Benefit Estimate Statement. Neither the Social Security Administration nor the persons hired to provide this information will use the information given in this letter for any other purpose.

It may take up to six weeks to receive your Earnings and Benefit Estimate Statement.

For more information, see:

Earning Social Security Credits

Applying for Social Security Benefits

Social Security Disability Benefits

Supplemental Security Income

Applying for Retirement Benefits


Earning Social Security Credits

An employee earns "credits" for work and payment of social security taxes. Previously these "credits" were referred to as a "quarter of coverage." In 1991, one credit is earned for each $540 earned, but no more than four credits may be earned in one year. Therefore, most employees earn four credits for each year of work.

How many credits an employee needs to qualify for social security benefits depends on the employee's age and the kind of benefit being requested. Most people need 40 credits (10 years of work) to qualify for Social Security or Medicare benefits. Younger workers need fewer credits to be eligible for disability benefits or for their family members to be eligible for survivors' benefits if the worker should die.

If you stop working before earning enough social security credits, the credits you have earned will remain on your social security record. Additional credits will be added if you later return to work.

Your credits do not determine the amount of your social security benefits. Benefits are determined by the amount of your average social security earnings during your working career.

For more information, see:

Applying for Social Security Benefits

Request Earnings and Benefits Statement

Social Security Disability Benefits

Applying for Retirement Benefits


Applying for Social Security Benefits

Although most people think of social security as a retirement program, many individuals receive social security benefits because:

1.	They are disabled.

2.	They are dependent upon someone who receives social security.

3.	They are surviving widows or widowers, or children of someone who has died.

The Social Security Administration (SSA) has about 1,300 offices in cities across the United States. You will need a special form in order to apply for social security benefits. It can be obtained from your local social security office or by calling toll-free: 1-800-772-1213.

This number is staffed from 7:00 a.m. to 7:00 p.m. every business day, or you can contact your local SSA office. The number is listed in your telephone directory under "Social Security Administration" or "U.S. Government."

For more information, see:

Request Earnings and Benefit Statement

Earning Social Security Credits

Social Security Disability Benefits

Report of Change

Lost Card / Name Change

Supplemental Security Income

Applying for Retirement Benefits


Social Security Disability Benefits

This document assists you in preparing the information that the social security office will require for you to obtain a disability benefit. Do not wait to apply if you do not have all the information. The SSA office can help you obtain the additional information needed.

To qualify for a disability benefit from social security, you must have a physical or mental impairment that is expected to interfere for at least a year with your ability to do any work for which you are suited. Disability benefits also may be obtained if you have a terminal condition.

Social security is not available for a temporary condition or partial disability. The program assumes that you have access to other resources of support (including workers' compensation, insurance, savings, and investments) during periods of short-term disability.

Strict social security requirements must be met to qualify for a disability payment. Further, meeting the disability requirements under another program does not mean that you will qualify under the social security requirements. The SSA will evaluate your physical condition and may require that you take a physical from a physician recommended by the SSA.

The fact that you have a statement from your doctor indicating that you are disabled does not mean that you will be eligible for social security disability payments automatically. If your claim is denied and you disagree with the decision, you may appeal the decision. Your local social security office can help you complete the appeal process.

If you receive workers' compensation or other government disability benefits, your social security benefit may be reduced. The disabilities benefits will continue as long as the disability exists and you cannot return to "substantial work." If your condition improves OR you return to "substantial" work, you need to notify the social security office. Your local social security office can provide a more precise definition of "substantial work" for your particular situation.

Anyone receiving disability benefits will be checked periodically to determine whether the disability continues to exist and to verify that the individual has not returned to "substantial work." Also, an individual receiving benefits may be asked to undergo a special test or examination as part of this periodic verification. The Social Security Administration will pay for such special test or examination.

For more information, see:

Request Earnings and Benefit Statement

Applying for Social Security Benefits

Applying for Social Security Disability Benefits

Disability Benefits for Dependents

Disability Benefits for Children

Disability Benefits in the Event of Death

Report of Change

Supplemental Security Income

Applying for Retirement Benefits


Disability Benefits for Children

It is important to note that social security has recently rewritten its disability rules for children. Under the new rules, more children with disabilities are expected to qualify for benefits. If you have a child with a disability who was previously denied benefits, you should contact your local social security office to reapply under the new standards.

For more information, see:

Disability Benefits for Dependents

Disability Benefits in the Event of Death

Applying for Social Security Benefits

Social Security Disability Benefits

Applying for Social Security Disability Benefits

Report of Change


Disability Benefits for Dependents

Dependents of an individual who has been disabled also may qualify for benefits. Dependents include:

1.	Unmarried child, including stepchild, adopted child, or, in some cases, a grandchild. The child must be under 18 years old (or under 19 years old if in high school full-time).

2.	A spouse who is at least 62 years old or older.

3.	A spouse at any age who is caring for a child who is either under 16 years old or disabled and also receiving checks.

4.	Widows and widowers with disabilities who are eligible for benefits based on the earnings record of a spouse.

5.	People with disabilities who have low income and few assets might also receive Supplemental Security Income (SSI) benefits.

6.	Disabled children age 18 years or over who might be eligible for social security benefits based on the earnings record of a parent (or disabled children at any age who might be eligible for Supplemental Security Income benefits on their own).

For more information, see:

Applying for Social Security Disability Benefits

Disability Benefits for Children

Disability Benefits in the Event of Death

Applying for Social Security Benefits

Social Security Disability Benefits

Report of Change

Supplemental Security Income


Disability Benefits in the Event of Death

Your dependents also may receive disability benefits if you die. For example:

1.	Your disabled spouse may receive benefits if the spouse is at least 50 years old. The disability must have started before your death or within seven years after your death. (If your surviving spouse caring for children receives social security benefits, your spouse may be eligible if he or she becomes disabled before those payments end or within seven years after they end.)

2.	Your disabled ex-spouse may receive benefits if the ex-spouse is at least 50 years old and your marriage lasted at least 10 years.

For more information, see:

Social Security Disability Benefits

Applying for Social Security Disability Benefits

Disability Benefits for Dependents

Disability Benefits for Children

Applying for Social Security Benefits

Report of Change


Applying for Social Security Disability Benefits

You will need to apply for disability benefits in person at your local social security office. We recommend that you take any medical reports or prescriptions with you. This information will be copied and returned to you. In most cases, monthly benefits will begin the sixth full month after disability. However, there is no "waiting period" for disabled children's benefits or for SSI disability payments.

You do not have to wait the entire six months before you apply for benefits. In fact, you should apply as soon as possible in order to process your paperwork and obtain the necessary medical information.

For more information, see:

Applying for Social Security Benefits

Social Security Disability Benefits

Disability Benefits for Dependents

Disability Benefits for Children

Disability Benefits in the Event of Death

Report of Change

Supplemental Security Income


Lost Card / Name Change

You should contact your local social security office if you: (1) need a social security number, (2) have lost your card and need another one, or (3) need to change your name on the current card. Certain documents are required depending upon your situation. You will need to obtain an original or a certified copy of your:

1.	Birth Certificate (for a new card);

2.	Birth Certificate (for a replacement card);

3.	Marriage Certificate or divorce papers (for a name change).

Personal Advocate has letters to assist you in requesting these documents.

For more information, see:

Report of Change

Applying for Social Security Benefits

Change of Name or Address

Request for Marriage Certificate or Divorce Decree

Request for Birth or Death Certificate


Supplemental Security Income

Supplemental Security Income (SSI) payments are based on financial need. Therefore, it is NOT assumed that you have the financial resources for a short-term health problem. Contact your local social security office if you have a disability and think that you may qualify for SSI due to a lack of financial resources.

For more information, see:

Applying for Social Security Benefits

Social Security Disability Benefits

Applying for Social Security Disability Benefits

Disability Benefits for Dependents

Report of Change

Applying for Retirement Benefits


Applying for Retirement Benefits

You can apply for benefits by telephone or by visiting your local social security office. If you receive retirement benefits, others in your family also can receive benefits:

1.	Your spouse 62 years or older.

2.	Your spouse under age 62 if such spouse is caring for your child who is either under age 16 or disabled.

3.	Your former spouse age 62 or older if your marriage lasted at least ten years. Your former spouse must be 62 or older and unmarried. You must also be over 62. If you and your former spouse have been divorced at least two years, your divorced spouse can receive benefits even if you are not retired. The amount your divorced spouse receives has no effect on a current spouse's benefit.

4.	Children up to age 18.

5.	Children age 18 to 19, if attending elementary school or high school.

6.	Disabled children over age 18.

You can receive your retirement benefit as early as age 62, but the benefit amount will be less than your full retirement benefit. As a general rule, early retirement will give you about the same total social security benefits over your lifetime, but in smaller amounts to allow for the longer period you will receive benefits.

If poor health causes your early retirement, you should consider applying for social security disability benefits. You may increase your social security benefit by working full-time beyond your full retirement age.

If you disagree with the decision made on your claim, you may ask social security to reconsider its decision. If you are not satisfied, there is an appeal process, which can be described by SSA.

For more information, see:

Retirement Benefits Verification

Applying for Social Security Benefits

Applying for Social Security Disability Benefits

Request Earnings and Benefit Statement


Retirement Benefits Verification

Depending on your situation, you may need some or all of the following documents when applying for social security retirement benefits:

1.	Your social security number.

2.	Your birth certificate.

3.	Your W-2 forms or your complete income tax return (including Schedule SE) for the most recent year.

4.	Your spouse's birth certificate and social security number if your spouse also is applying for benefits.

5.	Children's birth certificates and social security numbers, if applying for children's benefits.

6.	Checking or savings account information if you want your benefits deposited directly to your checking or savings account.

7.	Any other social security number under which you of your dependents have received social security payments.

Birth, marriage and death certificates may be obtained with a letter available in Personal Advocate.

For more information, see:

Applying for Social Security Benefits

Applying for Social Security Disability Benefits

Request for Marriage Certificate or Divorce Decree

Request for Birth or Death Certificate


Report of Change

Once you begin receiving social security benefits, you will need to advise the Social Security Administration of any change that may affect your benefits. Events which may cause changes include:

1.	Change of address;

2.	Marriage or divorce;

3.	Name change;

4.	Change in income, earnings or another government benefit;

5.	Birth or adoption of a child;

6.	Change in child custody;

7.	Imprisonment of a beneficiary;

8.	Departure from the United States for 30 days or more;

9.	Death of a beneficiary.

Personal Advocate provides a letter to advise the Social Security Administration of any pertinent changes in your status.

For more information, see:

Change of Name or Address

Current Earnings Limits

U.S. Departures

Applying for Social Security Benefits

Lost Card / Name Change


Change of Name or Address

Your employer reports your earnings under the name you provide. Whenever you change the name you use in employment, you should report this change to the SSA. Otherwise, earnings may not be properly recorded, and you may not receive all the social security credits to which you are entitled. Even if you do not work, report your name change so your record will show the correct name when you apply for benefits. If you marry and keep your maiden name, you do not have to report your marriage to the SSA.

The SSA may stop your checks temporarily if the SSA cannot locate you because you have not reported a change of address. In addition to notifying the SSA of the address change, also notify the post office. The post office will forward your check if the change is not processed by the time your next check is mailed.

A change of address needs to be reported even if your checks are directly deposited to a checking or savings account so that you will continue to receive important notices and letters from the SSA.

For more information, see:

Applying for Social Security Benefits

Earning Social Security Credits

Lost Card / Name Change


Current Earnings Limits

If you work and are receiving benefits, check with the SSA for current earnings limits. These earnings limits change each year.

Notify the SSA of any changes in the amount of any other government program you or your spouse receives. Different limits are established for individuals receiving disability benefits. Also, if you receive other disability checks or settlements, these also must be reported to the SSA.

For more information, see:

Applying for Social Security Benefits

Social Security Disability Benefits

Disability Benefits for Dependents


U.S. Departures

If you plan to leave the U.S. for 30 days or more, you must notify the SSA so that your benefit checks and any notices or letters are sent to the right address.

Social security payments generally continue for as long as you are outside the United States. However, there are some special rules that apply. Check with your local social security office or 1-800-772-1213 to verify the requirements.

For more information, see:

Applying for Social Security Benefits


Death of a Beneficiary

When a beneficiary dies, no payment is due for the month of death. For example, even if a beneficiary dies on the last day of a month, the payment received on the third of that month should be returned. If the check is deposited directly to a financial institution, notify the institution so it can return the payment.

Dependents may continue to receive benefits after a beneficiary's death. Contact the SSA to determine such benefits.

For more information, see:

Applying for Social Security Benefits

Disability Benefits for Dependents


Medicare

Medicare is a health insurance program administered by the federal government for persons aged 65 or over and for some disabled individuals. Eligibility is NOT based on income or financial worth. Part A covers hospital care. Part B is optional and pays for physician's and outpatient services. For information regarding application procedures or questions regarding Medicare, contact your local social security office or call their toll-free number (1-800-772-1213). The toll-free number is staffed from 7:00 a.m. to 7:00 p.m. every business day.

The phone number of your local SSA office is listed in your telephone directory under "Social Security Administration" or "U.S. Government." You must contact your local social security office to apply for Medicare benefits.

Generally, Medicare does not cover routine physical check-ups, eyeglasses, hearing aids, immunizations, orthopedic shoes, custodial care, cosmetic surgery, dental services, and foot care. Items covered by workers' compensation, automobile, or liability insurance also are not covered.

Do not confuse Medicare with Medicaid. Medicaid is a program of medical assistance administered jointly by the federal and state government for needy, blind, and disabled persons. Medical services are provided by participating providers. The medical benefits and reimbursement formulas are established by each state.

One of the documents currently available through Personal Advocate's Catalog from the Consumer Information Center request is "The Medicare Handbook." This document contains an excellent summary of the Medicare hospital and medical insurance program. It describes who is eligible, how to apply, how to fill out claims, what is or is not covered, and your right to appeal. This booklet is available for a minimal charge.

For more information, see:

Medicare Administration

Letter to Peer Review

Part A Appeal Letter

Part B Appeal Letter

Inappropriate Services or Billing

Notice of Noncoverage

Consumer Information Catalog

Medicare Carrier Addresses


Medicare Administration

Medicare is administered by the federal government, which contracts with private insurance companies for processing of payments to health care providers and patients. Intermediaries handle claims submitted on your behalf by hospitals, skilled nursing facilities, home health agencies, hospices, and other providers of Part A services. The insurance companies that process Part B claims are called carriers. Often the Blue Cross company in a state is the carrier.

The Peer Review Organization (PRO) is a group of practicing doctors and other health care professionals who are paid by the federal government to review the care provided to Medicare patients under the Medicare hospital insurance program (Part A). Each state has a PRO which determines payment of claims based on whether the care is reasonable and necessary, is provided in the appropriate setting, and meets the standards of medical profession quality.

PRO's review Notices of Non coverage issued by hospitals, and review requests for reconsideration of PRO decisions. PRO's also investigate complaints about the quality of care provided by Part A Medicare participants.

For more information, see:

Medicare

Part A Appeal Letter

Part B Appeal Letter

Inappropriate Services or Billing

Letter to Peer Review

Medicare Carrier Addresses


Part A Appeal Letter

Medicare consists of two parts. Part A (hospital insurance) covers hospital care, limited post-hospital skilled nursing facility care, part-time home health services, and hospice care. If you have earned enough work credits there is no premium required for Part A, which is financed through social security taxes.

Deductibles and coinsurance amounts must be paid by the Medicare beneficiary. Beneficiaries are entitled to 90 days of coverage per spell of illness, plus a lifetime reserve of 60 days of hospital care.

This document provides a letter to request that Medicare reconsider its decision on a Part A claim. Providers of Part A services submit claims for their services directly to Medicare. The provider will charge you for any part of the Part A deductible that you have not met and any coinsurance payment that you owe.

You will receive a "Notice of Utilization" explaining the decision made on the claim. (If you have received a "Notice of Noncoverage," this is not an official determination. Ask your provider to submit your claim so that you can receive a "Notice of Utilization.")

If you disagree with a decision on the amount Medicare will pay on a claim or whether services you received are covered by Medicare, you have 60 days from the date you receive the "Notice of Utilization" to appeal the decision. The first step in the appeal process is to ask for a "reconsideration" of the decision. The "Notice of Utilization" contains the address and phone number of the organization to contact about your appeal.

You will receive a written response of the reconsideration that explains the reasons for the decision. If you disagree with the reconsideration of the decision, AND if the amount in question is $100 or more, then you have 60 days from the date you receive the reconsideration decision to request a hearing with an Administrative Law Judge.

If you are considering such a request, you should contact your local social security office or your personal attorney regarding your appeal as soon as possible. Additional appeals are available and it is important that you carefully observe the time limit for requesting each appeal step.

For more information, see:

Medicare

Medicare Administration

Letter to Peer Review

Part B Appeal Letter

Inappropriate Services or Billing

Notice of Noncoverage

Medicare Carrier Addresses


Part B Appeal Letter

Medicare consists of two parts. Part B (Supplemental Medical Insurance) covers physician's services, certain outpatient services, ambulances, diagnostic tests, medical appliances, and prescription drugs. It is a voluntary program and is financed partially through monthly premiums, deductions, and coinsurance payments. The balance is funded by the federal government.

This document provides a letter to request that Medicare review its decision on a Part B claim. If a representative is sending this letter, enter the representative's name and address. A representative may be a relative, attorney, or other acquaintance of the Medicare beneficiary.

Doctors, suppliers, and other providers of Part B services submit claims directly to Medicare. The provider will charge you for any part of the Part B deductible that you have not met and any coinsurance payment that you owe. You will receive a notice called "Explanation of Medical Benefits" advising you of the decision on the claim.

A written notice from your doctor is not an official Medicare determination that Medicare will not consider a particular service reasonable or necessary and will not pay for it. Ask your doctor to submit a claim for payment to the Medicare carrier to obtain an official Medicare determination.

If you disagree with a decision on the amount Medicare will pay on a claim or whether services you received are covered by Medicare, you have the right to appeal the decision. The first step in the appeal process is to ask for a "review" of the decision. Many times the initial determination fails to explain the denial sufficiently. By asking for a reconsideration or review, the basis for denial will be clarified.

Your appeal can be processed much more quickly if you include a copy of the notice(s) that you received about your claim. If you do not attach a copy of "Explanation of Medicare Benefits" form to your appeal letter, you will need to describe the services, provide the name of the service provider, and indicate the date the services were provided.

This review must be requested by the patient in writing within six months after the date of the notice of the initial determination. If the first notice stated that PART OF your claim was PAID, you must submit your claim no later than 60 days from the date you received the second notice which DENIED part of your claim. The address and phone number of the organization to contact regarding your appeal is contained on the notice informing you of the decision made on your request for payment.

You will receive a written response of the review explaining the reasons for the decision and advising you of your right to a hearing and how to request it. The hearing is the second step to the appeal process. If you are considering such a request, you should contact your local social security office or your personal attorney regarding your appeal as soon as possible. Additional appeals are available and it is important that you carefully observe the time limit for requesting each appeal step.

For more information, see:

Medicare

Medicare Administration

Letter to Peer Review

Part A Appeal Letter

Inappropriate Services or Billing

Notice of Noncoverage

Medicare Carrier Addresses


Inappropriate Services or Billing

If you suspect that your doctor, hospital or other health care provider is performing unnecessary or inappropriate services or is billing Medicare for services you did not receive, you should report such fraud or abuse immediately to the Medicare carrier that handles your claims. The Medicare carriers are listed in the appropriate Personal Advocate address book.

If the Medicare CARRIER does NOT adequately respond to your letter reporting Medicare fraud or abuse, you may send this letter to the Department of Health and Human Services, Office of Inspector General Hotline, P.O. Box 17303, Baltimore, MD, 21203-7303.

If you prefer to make your complaint by telephone, the toll-free Hotline number is 1-800-368-5779. This number is staffed from 10:00 a.m. until 4:00 p.m. eastern standard time, Monday through Friday. At other times of the day you will receive a prerecorded message. ONLY write or phone the Hotline if you have NOT received a satisfactory response from the carrier.

For more information, see:

Medicare

Medicare Administration

Letter to Peer Review

Part A Appeal Letter

Part B Appeal Letter

Notice of Noncoverage

Medicare Carrier Addresses


Letter to Peer Review

This letter allows a Medicare recipient to advise the Medicare Peer Review Organization (PRO) about the quality of care received during a hospital stay or under other Medicare Part A coverage. The letter also can be used to request a review by a PRO of any written "Notice of Non coverage" that a Medicare recipient receives from a hospital stating that Medicare will no longer pay for hospital care.

Peer Review Organizations (PRO's) are groups of practicing doctors and other health-care professionals who review the medical necessity, appropriateness, and quality of hospital care given to Medicare patients under Part A coverage. PRO's have the authority to deny payments if care is not medically necessary or not delivered in an appropriate setting. The PRO investigates individual patient complaints about the denial of care or the quality of care. Each state has a PRO, and the Medicare address book in Personal Advocate lists the addresses for these offices.

When a patient is admitted to a Medicare participating hospital, the patient receives a publication entitled "IMPORTANT MESSAGE FROM MEDICARE - YOUR RIGHTS WHILE YOU ARE A MEDICARE HOSPITAL PATIENT." It explains the patient's rights as a hospital patient and provides the name, address, and phone number of the PRO for the patient's state. Carefully read the description of the time frames in which you must take action depending upon various circumstances. Failure to make your appeal within the specified time frames may impact the portion of your hospital stay for which you will be responsible for paying.

Do NOT contact the PRO with questions about Medicare Medical Insurance Part B, which covers doctors' services, outpatient hospital care, diagnostic tests, durable medical equipment, ambulance services, and other health services and supplies which are not covered by Medicare Part A.

For more information, see:

Medicare

Medicare Administration

Part A Appeal Letter

Inappropriate Services or Billing

Notice of Noncoverage

Medicare Carrier Addresses


Notice of Noncoverage

If you think you are improperly refused admission to a hospital or that you are forced to leave a hospital too soon, ask for a written explanation of the decision. This explanation is called a Notice of Non coverage. YOU MUST HAVE THIS "NOTICE OF NONCOVERAGE" IF YOU WANT TO REQUEST A REVIEW BY THE PEER REVIEW ORGANIZATION.

A written notice that further treatment in the hospital is not covered by Medicare must be given to the patient. The patient does not have to leave the hospital, but he or she generally will be liable for the services provided beginning on the third calendar day after receipt of the notice. The notice is dated. However, the time frame for appeals is limited, so note the TIME OF DAY that the notice was received.

If the Peer Review Organization (PRO) issues a denial notice, or if the notice indicates that the PRO agrees with the hospital's recommendation, then the patient must ask for a "reconsideration." You can request a reconsideration with the Personal Advocate Medicare Part A Appeal letter.

A request for immediate review of a hospital's statement that elective (non-emergency) surgery will not be covered by Medicare may also be made by telephone.

For more information, see:

Medicare

Medicare Administration

Letter to Peer Review

Part A Appeal Letter

Part B Appeal Letter

Medicare Carrier Addresses


Medicare Carrier Addresses

If the Medicare beneficiary lives in the state of CALIFORNIA, KANSAS, MARYLAND, MINNESOTA, MISSOURI, NEW YORK, or VIRGINIA, several Medicare carriers are listed in the Personal Advocate Medicare address book. To determine which address to use, simply click on the envelope displayed below that is appropriate to your location. Information on the address and telephone number for the carrier will "pop-up" on your screen.

For more information, see:

Medicare

Medicare Administration

Letter to Peer Review

Part A Appeal Letter

Part B Appeal Letter

Medicare Carrier Addresses


CALIFORNIA

If the beneficiary resides in the county of Los Angeles, Orange, San Diego, Ventura, Imperial, San Luis Obispo, or Santa Barbara, the "Upland" Medicare carrier is appropriate. The toll-free number available to residents of these counties is 1-800-675-2266.

If the California beneficiary resides in any other county, then the "Chico" Medicare carrier is appropriate. If the beneficiary's telephone number begins with area code 209, 408, 415, 707, or 916, the toll-free number is 1-800-952-8627.

If the beneficiary's telephone number begins with the following area code--213, 310, 619, 714, 805, 818 or 909 -- and the beneficiary does not live in Los Angeles, Orange, San Diego, Ventura, Imperial, San Luis Obispo, or Santa Barbara county--the toll-free number is 1-800-848-7713.


KANSAS

If the beneficiary resides in the county of Johnson or Wyandotte, then the "Kansas City, Missouri" address is appropriate, and the toll-free number is 1-800-892-5900. In all other counties, the "Topeka, Kansas" address is appropriate, and the toll-free number is 1-800-432-3531.


MARYLAND

If the beneficiary resides in the county of Montgomery or Prince Georges, then the "Camp Hill, Pennsylvania" address is appropriate, and the toll-free number is 1-800-233-1124. If the beneficiary lives in any other county, then the "Timonium, Maryland" address is appropriate and the toll-free number is 1-800-492-4795.


MINNESOTA

If the beneficiary resides in the county of Anoka, Dakota, Fillmore, Goodhue, Hennepin, Houston, Olmstead, Ramsey, Wabasha, Washington, or Winona, the "Bloomington" address is appropriate. The corresponding toll-free number for these counties is 1-800-352-2762.

If the Minnesota beneficiary lives in any other county, the "St. Paul" address is appropriate, and the toll-free number is 1-800-392-0343.


MISSOURI

If the beneficiary resides in the county of Andrew, Atchison, Bates, Benton, Buchanan, Caldwell, Carroll, Cass, Clay, Clinton, Davies, DeKalb, Gentry, Grundy, Harrison, Henry, Holt, Jackson, Johnson, Lafayette, Livingston, Mercer, Nodaway, Pettis, Platte, Ray, St. Clair, Saline, Vernon, or Worth, then the "Kansas City, Missouri" address is appropriate. The corresponding toll-free number is 1-800-892-5900.

If the Missouri beneficiary lives in a county other than those listed above, then the "St. Louis, Missouri" address is appropriate. The corresponding toll-free number is 1-800-392-3070.


NEW YORK

In NEW YORK, if the beneficiary resides in the county of Bronx, Columbia, Delaware, Dutchess, Greene, Kings, Nassau, New York, Orange, Putnam, Richmond, Rockland, Suffolk, Sullivan, Ulster, or Westchester, the appropriate address is "Peekskill," and the corresponding toll-free number is 1-800-442-8430.

If the New York beneficiary lives in Queens county, the appropriate address is "Ansonia Station, New York, New York." You may attempt to place a collect call to the toll number 212-721-1770.

If the New York beneficiary lives in any other county than those mentioned above, then the "Binghamton" address is appropriate, and the toll-free number is 1-800-252-6550.


VIRGINIA

If the beneficiary lives in Arlington or Fairfax county, or in the city of Alexandria, Falls Church, or Fairfax, then "Camp Hill, Pennsylvania" is the appropriate address. The toll-free number is 1-800-233-1124. If the beneficiary lives in a county or city other than those mentioned above, the "Richmond, Virginia" address is appropriate. The corresponding toll-free number is 1-800-552-3423.


Other Government Issues
Government Issues

In addition to matters related to Social Security and Medicare, Personal Advocate provides information and letters relating to a number of other government issues. You can create letters regarding a range of subjects as depicted by the categories on the buttons displayed here.

Click on any category to get started, and make sure you read Personal Advocate's extensive background information on your rights to request official records and documents from government agencies according to the Freedom of Information Act. You can view letters requesting information under this act and, if you are denied the information, how to appeal the denial.


FBI and CIA Records

This letter allows you to verify whether the Federal Bureau of Investigation (FBI) or the Central Intelligence Agency (CIA) has any information on you in its records. The Freedom of Information Act provides that any person may obtain federal agency records except those that fall within specified exemptions of the Act. In addition, the federal Privacy Act establishes limits on how the executive agencies gather, maintain, and disseminate personal information. The Privacy Act also allows individuals to obtain information a federal agency may have on the individual. You may only request information on yourself under the Privacy Act.

The federal government compiles a wide range of information on individuals. Give as much information as possible as to why you think the agency may have information on you. For example, if you served in the military or were employed by a federal agency, there should be a record of your service. You may use the "Freedom of Information Request" to obtain such information.

Under the Privacy Act the agency can only charge the cost of copying the records, and not for any time spent locating or reviewing the records. There is no time limit for the agency's response. Therefore the letter also makes the request under the Freedom of Information Act (FOIA) which requires an agency to respond within ten days of your request, subject to certain exceptions.

Most agencies require proof of identity. This letter provides that your signature be notarized, thus providing proof of your identity. If the information about you is incorrect, you have the right to request that the records be amended. Include all pertinent documentation supporting your change. You may appeal under the FOIA, or use the individual agency Privacy Act appeal procedures.

For more information, see:

Freedom of Information Act

Agencies Subject to FOIA

Documents Available Under FOIA

FOIA Fees

Freedom of Information Appeal

Agency Response

FOIA Exemptions

Other Government Issues


Letter to Government Official

This letter provides the format for composing a letter to your congressperson, governor, or any other government official to whom you wish to write. The Government Officials address book in Personal Advocate provides addresses for many government officials.

Every year Staff Directories, Ltd. publishes a current listing of the names, addresses, and phone numbers of all members of the United States Congress. This publication is entitled "Congressional Staff Directory" for the appropriate year and you can find it at your local library.

For more information, see:

Other Government Issues


Request for Government Publications

Take advantage of the variety of information available from the U.S. government in the form of pamphlets or other types of publications by using Personal Advocate's Request for Information from the Government Printing Office letter. This letter may be used to request a Consumer Information Catalog (which is updated and published quarterly) or any number of publications from the U.S. Government Printing Office.

For more information, see:

Consumer Information Catalog

Information Available from Government Printing Office

Government Printing Office Request


Consumer Information Catalog

A variety of free and low-cost ($0.50 to $11.00) federal publications are available from numerous federal agencies. This letter requests a catalog listing these publications, with a brief description of each, and an order form.

The pamphlets include the following topics: careers, cars, children, consumer information, education, food, freedom of information, health, housing, life insurance, money management, small business, travel and hobbies, vital records, and miscellaneous sources of assistance. Various pamphlets providing information about federal programs such as Veterans Benefits, Medicare, and Social Security are also listed in the catalog. The catalog is updated quarterly, and new publications are listed in each update.

For more information, see:

Request for Government Publications

Information Available from Government Printing Office

Government Printing Office Request


Information Available from Government Printing Office

Numerous publications are available from the Government Printing Office located in Washington, D.C. Over 15,000 books, pamphlets, posters, periodicals, subscription services, and other Government publications are available for purchase from the Superintendent of Documents. Over 3,000 new titles are available each year, as many titles are revised or go out of print. An index or catalog of the information available from the Government Printing Office is available at your local library.

Separate catalogs are published for certain subject areas. These catalogs are called "Subject Bibliographies." The bibliographies provide a brief description of some of the publications and subscriptions available, ordering information, and date of publication. There are more than 200 bibliographies, and they are available without charge. This letter can also be used to request Subject Bibliographies which allow you to identify publications you may want to order. There is also a Subject Bibliography Index to assist you in deciding which Subject Bibliography is appropriate for your needs.

A complete listing of all periodicals and subscriptions services is available in a free catalog called "Price List 36." This catalog lists hundreds of books on agriculture, business, children, energy, health, history, space, and many other subjects.

A free catalog is also available listing almost 1,000 of the Government's new and popular books. Addresses for all the catalogs described above are provided by Personal Advocate.

For more information, see:

Request for Government Publications

Government Printing Office Request

Consumer Information Catalog


Government Printing Office Request

The Government Issues menu provides a letter for ordering publications from the Government Printing Office. Payment is required with your order. You may use a check or money order drawn on a U.S. bank (or a bank of any U.S. possession) or a Canadian bank, in U.S. dollars. Returned checks are subject to a penalty of up to 10 percent of the amount of the check with a minimum charge of $5.00.

You may also order by using your VISA, MasterCard, or Superintendent of Documents Prepaid Deposit Account. Discounts of 25 percent are offered on orders of 100 or more units of a particular item mailed to a single address. Separate letters must be written if you are ordering both publications and subscriptions (referred to as "periodicals").

For more information, see:

Request for Government Publications

Information Available from Government Printing Office

Consumer Information Catalog


Veteran's Benefits Inquiry

Veterans who have served in the United States military may qualify for a variety of benefits. In addition, dependents of a veteran may also qualify. Congress continues to enact legislation that affects the entitlement and programs provided by the Department of Veterans Affairs (VA). To obtain current information on VA benefits, contact the nearest VA regional office as listed in the Federal Agencies address book in Personal Advocate. Counselors can answer questions about benefit eligibility and application procedures. If necessary you will be referred to other VA facilities such as medical centers and national cemeteries.

VA regional offices also process claims for VA benefits and administer the benefit programs such as disability compensation, pension, home loan guaranty, life insurance, education, vocational training for disabled veterans, burial allowance, and survivors' compensation, pension, and educational programs.

For information about medical care benefits, you should contact your local VA facility. You will find the number listed under "U.S. Government, Dept. of Veterans Affairs" in your telephone directory. For example, information on all types of medical care including nursing home, dental, drug and alcohol dependency, prosthetics, readjustment counseling, and Agent Orange or radiation exposure examinations is available.

VA national cemeteries or regional offices can answer questions about eligibility of veterans and dependents for burial.

For more information, see:

Filing a Claim for Veteran's Benefits

Other Government Issues


Filing a Claim for Veteran's Benefits

Eligibility for most VA benefits is based on discharge from active military services under "other than dishonorable" conditions for a minimum period specified by law. The Department of Defense issues each veteran a military discharge form, DD 214, which identifies the condition of discharge. VA decides whether a specific discharge was under "dishonorable" or "other than dishonorable" conditions.

Either a copy of the DD 214 or the veteran's full name, military service number, branch of service, and dates of service must be submitted. Once a claim is filed, the veteran's VA file number ("C" number) or social security number serves as his or her identifier.

The following documents, if not in the VA file, will be required to process a claim related to a veteran's death:

1.	Marriage certificate, if the claim is for a surviving spouse or children.

2.	Death certificate, if the veteran did not die in a VA medical facility.

3.	Children's birth certificates.

4.	Veteran's birth certificate, if parents want to establish benefit eligibility.

Birth, marriage, and death certificates may be obtained with letters available in Personal Advocate.

You can also use Personal Advocate's Catalog from the Consumer Information Center request to obtain a booklet providing information on Veterans Benefits. This booklet is available for a minimal charge.

For more information, see:

Veteran's Benefits Inquiry

Consumer Information Catalog

Request for Birth or Death Certificate

Request for Marriage Certificate or Divorce Decree


Information on Insurance

Personal Advocate documents assist you in obtaining general information on life insurance and more specific information on how life insurance carriers are rated. Additionally, you can request an explanation if you are denied benefits from a claim, and receive information about various state insurance regulators.

For more information, see:

Life Insurance Information

Life Insurance Ratings Information

Explanation of Denial of Claim

State Insurance Regulators


Life Insurance Information

If you are seeking basic information about life insurance, a helpful pamphlet entitled "A Consumer's Guide to Life Insurance" is available from the American Council of Life Insurance. The Life Insurance Information letter can be used to request it.

The pamphlet explains different types of life insurance policies (such as term, whole life, universal life, and variable life) and provides a glossary of common life insurance terms. It also contains helpful information about the type of policy that you should buy, how much life insurance is enough, choosing an agent, and comparing costs.

For more information, see:

Life Insurance Ratings Information


Life Insurance Ratings Information

If you are seeking ratings information about a specific life insurance company, the Life Insurance Information letter can be used to contact one of the following ratings companies:

A. M. Best Company	908-433-2200

Duff & Phelps, Inc.	312-263-2610

Moody's Investor Service	212-553-0300

Standard & Poors Corp.	212-208-8000

The National Underwriter	800-543-0874

Ratings information provides some indication of the financial stability of insurance companies. This information is important to you as a consumer because financial stability provides some indication of whether the insurance company would have the ability to pay you if you made a claim under your insurance policy.

For more information, see:

Life Insurance Information

Explanation of Denial of Claim


Explanation of Denial of Claim

The Denial of Insurance Claim letter can be used to challenge a denial of a claim that you believe should have been covered by insurance. For example, you may have received a medical diagnostic test at a hospital, but your health insurance company refused to pay the hospital's charge as submitted by the hospital. This letter can be used to challenge the insurance company's denial of coverage.

Similarly, this letter can be used with respect to insurance claims involving auto insurance, homeowners' insurance, life insurance, or other forms of insurance.

For more information, see:

State Insurance Regulators

Life Insurance Information

Life Insurance Ratings Information


State Insurance Regulators

Each state has a "state insurance department" that regulates insurance companies. Sending a copy of the Denial of Insurance Claim letter to your state's insurance regulator may help emphasize your desire to receive a satisfactory response from the insurance company.

It may be more appropriate to send a copy to your state's insurance regulator if you are writing a second letter because the insurance company's response to your first letter was inadequate.

For more information, see:

Explanation of Denial of Claim

Life Insurance Information

Life Insurance Ratings Information


Divorce Issues

A divorce decree may specify responsibilities in several areas for one or both parties. It may assign responsibility for payment of alimony by one party to the other. If custody of a minor child is awarded to one parent, the decree may also specify child support payments and visitation rights for the non custodial parent. Personal Advocate provides letters for demanding payment of alimony and child support, for making arrangements for a child's visit, and for requesting compliance with visitation provisions.

For more information, see:

Demand for Payment of Child Support

Demand for Payment of Alimony

Visitation

Enforcement of Visitation Rights

Rights of Custodial and Noncustodial Parents

Request for Marriage Certificate or Divorce Decree


Alimony and Child Support

A divorce decree may specify responsibilities in several areas for one or both parties. It may assign responsibility for payment of alimony by one party to the other. If custody of a minor child is awarded to one parent, the decree may also specify child support payments and visitation rights for the non custodial parent. Personal Advocate provides letters for demanding payment of alimony and child support, for making arrangements for a child's visit, and for requesting compliance with visitation provisions.

For more information, see:

Demand for Payment of Child Support

Demand for Payment of Alimony

Visitation

Enforcement of Visitation Rights


Demand for Payment of Child Support

A divorce decree or other custody agreement may require one of the parents to pay child support. In addition to a cash payment, the court may order that a parent pay other amounts such as medical and dental expenses, the maintenance of a health insurance policy, the cost of college tuition or lessons, or amounts for special activities or special needs of the children. A decree also may provide that a parent maintain a life insurance policy on the parent with the child named as beneficiary.

The purpose of the Payment of Child Support letter is to transmit bills that are the responsibility of one parent, or to remind the parent that child support payments have not been made. If child support payments are not paid timely, this letter documents your attempt to resolve the matter.

A court which entered a divorce decree or child support order retains the power to enter a judgment for delinquent child support obligations. However, to enforce child support payments, you will need to contact your local legal services office or your personal attorney to pursue legal enforcement methods such a garnishment of wages or a contempt proceeding.

For more information, see:

Demand for Payment of Alimony

Visitation


Demand for Payment of Alimony

A divorce decree or separation agreement may specify that one person shall assist in the support and maintenance of the other. Alimony is not limited only to cash payments. In addition, the court may order payment of unreimbursed medical expenses, dental expenses, house payments, maintenance of a life insurance policy on the life of the ex-spouse with you named as beneficiary, or other expenses.

The purpose of the Demand for Payment of Alimony letter is to notify the ex-spouse of responsibility for certain payments or to remind him or her that support payments have not been made. If alimony payments are not paid in a timely manner, this letter documents your attempt to resolve the matter.

A court which enters a decree of divorce containing an order for alimony retains the power to enter a judgment for delinquent alimony obligations. However, to enforce alimony payments, you will need to contact your local legal services office or your personal attorney. Legal enforcement methods to be pursued include garnishment of wages or a contempt proceeding.

For more information, see:

Demand for Payment of Child Support

Visitation


Visitation

When a divorce decree awards custody of minor children to one parent, generally visitation rights are given to the non custodial parent. Some courts also recognize that grandparents have visitation rights. The decree often provides specific details as to the times of visitation.

This document allows either parent to advise the other parent of the arrangements for a child's visit. In addition to specifying the time and location of pickup and return of the children, the program permits the user to identify special activities of the visitation that the other parent should know.

For more information, see:

Enforcement of Visitation Rights

Demand for Payment of Child Support

Demand for Payment of Alimony


Enforcement of Visitation Rights

An optional feature of this letter is to request compliance with visitation provisions of a divorce decree or similar agreement. This letter would be the first step in informing the other parent that you will be pursuing enforcement of visitation rights.

Generally, visitation rights can be legally enforced only by initiating a legal proceeding called a contempt proceeding. For example, if a mother refuses to permit a child's father to exercise his visitations rights, she can be charged with refusing to comply with the visitation as ordered by the court. This charge is called "contempt of court." A court may refuse to enforce a visitation order if the party seeking enforcement has been found to be an unsuitable parent or previously retained custody of the child wrongfully. If you desire enforcement of child visitation rights, you should contact your local legal services office or your personal attorney.

For more information, see:

Legal Counsel

Demand for Payment of Child Support

Demand for Payment of Alimony


Credit Issues

Personal Advocate provides a number of letters designed to help you safeguard your rights as a consumer with respect to the extension of credit, credit card billing, and reporting of credit status.

For more information, see:

Challenge to a Denial of Credit

Request for Credit Report

Challenge to Credit Report

Credit Card Billing Error

Recourse Against Collection

Demand for Money Owed


Credit Card Billing Error

Federal law provides specific rules that you must follow for promptly correcting credit card billing errors. The credit card issuer is required to give you a statement describing these rules when you open the credit card account, and at least once per year. If you follow these rules, the card issuer must accord you specific rights as a card user. Many card issuers print a summary of your rights on each bill they send you. (See the Fair Credit Billing Act topic for a list of the rules and of your rights as a credit card user.)

According to the rules provided by federal law, you must respond to errors in credit card billings in writing. You should keep a copy of all correspondence.

Personal Advocate provides a letter to help you follow these rules when you respond to credit card billing errors. This Challenge to a Billing Error letter may be used if your statement:

1.	Lists a charge that you did not make or that you cannot identify.

2.	Lists a charge for an incorrect amount.

3.	Lists a charge for goods which you did not accept.

4.	Fails to reflect credit for a return or payment.

5.	Contains an arithmetic error.

You are allowed by the Fair Credit Billing Act to withhold payment on the amount you are disputing.

Often the credit card company will specify an address or telephone number on the billing statement for billing error inquiries. Be sure to send this letter to the specified address for billing inquiries as designated by the card issuer. Although you can call the company to correct a billing problem, phoning does NOT trigger the legal safeguards provided under the Fair Credit Billing Act. You may want to send your letter by certified mail "Return Receipt Requested" so that you have proof it was received.

For more information, see:

Fair Credit Billing Act

Description of Credit Card Billing Errors

Request for Credit Report

Copies


Fair Credit Billing Act

The relevant details of the Fair Credit Billing Act can be found in the disclosure statements of every credit card or business that offers revolving credit accounts.

Credit card billing errors do occur. The procedure for resolving a billing error is quite straightforward if you know how to use the Fair Credit Billing Act. Under this Act, you must send the credit card issuer a written notice about the problem to avoid paying for any charges you dispute. MANY CONSUMERS FORFEIT THEIR RIGHTS UNDER THIS ACT BECAUSE THEY RELY ON CALLING THE ISSUER TO CORRECT A BILLING PROBLEM. You may call if you wish, but phoning does not trigger the legal safeguards provided under the Act.

To take full advantage of your rights under the Fair Credit Billing Act, you must do the following to notify the credit card issuer of a billing error:

1.	Write to the bank, financial institution or retailer who issued the card. Your notice must be received within 60 days after the company mailed the first bill containing the error. (For this reason, keep your credit card receipts and promptly compare them when your bills arrive).

2.	Be sure to send the letter to the special address for billing inquiries, as designated by the card issuer. Frequently, you can find the proper address directly on your billing statement under a heading such as "send inquiries to..."

3.	In your notification letter include: your name and account number; the date, type, and dollar amount of the charge you are disputing; and why you think there was a mistake.

4.	Do NOT put your letter in the same envelope as your payment because the payment generally goes to a different address. (However, you can include a copy of the billing error letter with your payment to explain why you are deducting the disputed amount from your payment). To be sure the credit card issuer receives your letter, you also may wish to send it by certified mail.

If you follow the above requirements, the credit card issuer is required to do the following:

1.	Acknowledge your letter in writing within 30 days after it is received, unless the problem has been resolved within that time.

2.	Conduct a reasonable investigation and, within two billing cycles (but not more than 90 days), either explain why the bill is correct or correct the error.

3.	Include documents showing that the charge was correct, if the creditor states the bill is correct and if you asked for such documentation in your letter.

Under the Act, you do not have to pay the amount in dispute. However, you are still obligated to pay the portion of your bill that is not in question, and you are obligated to make at least the minimum payment amount. Also, while the issuer is investigating your question, the issuer cannot report the amount in dispute as delinquent or take any action to collect the amount in dispute. Further, the card issuer cannot close your account just because you disputed a bill under the Act.

If you continue to have problems with the credit card issuer, you might wish to seek legal advice or contact your local consumer protection agency. (For more information on the addresses of consumer protection agencies, access the Consumer address book in Personal Advocate).

Under the Fair Credit Billing Act, the credit card issuer must provide documentation that the disputed item was correct if you asked for such documentation in your letter.

Under the Fair Credit Billing Act, the credit card issuer must acknowledge your letter in writing within 30 days after it is received, unless the problem has been resolved within that time. Also, the credit card issuer must conduct a reasonable investigation and resolve the dispute within two billing cycles (but not more than 90 days) after receipt of your letter.

For more information, see:

Credit Card Billing Error

Description of Credit Card Billing Errors

Copies


Description of Credit Card Billing Errors

When describing the billing error, be specific and to the point. Explain, if you can, why you believe there is an error. A detailed summary of the billing error will aid the credit card issuer in resolving your problem.

If you need more information about a particular transaction on your credit card statement, describe the item that you are questioning. A detailed description of the item will aid the credit card issuer in resolving your questions.

For more information, see:

Fair Credit Billing Act

Credit Card Billing Error

Copies


Copies

If available, attach copies of all documentation which supports your claim that the credit card statement is incorrect, including credit card charge slips, receipts, or proof of payment. Do NOT send your original documents.

For more information, see:

Fair Credit Billing Act

Credit Card Billing Error

Description of Credit Card Billing Errors


Challenge to a Denial of Credit

If your application for a loan or purchase of item(s) on credit has been denied, you can request the reasons or additional information regarding the denial. If unfavorable action is taken regarding an existing account, you can request the reasons and additional information related to such action. You must make this request within 60 days of receiving a denial of credit or notice of other adverse action.

The lending institution or entity extending credit must disclose the nature of the adverse information. The lending institution is generally required to respond to your request within 30 days of receiving it. The institution should give you sufficient identifying information to allow you to verify the accuracy. If the reason is incorrect, you may use this letter to advise the lending institution of the correct information.

For more information, see:

Request for Credit Report

Challenge to Credit Report

Investigative Report

Fair Credit Reporting Act


Investigative Report

An investigative consumer report is a special credit report with more detail than a routine report. It includes information about your character, general reputation, and personal characteristics. It also may include information from interviews with neighbors, friends, or associates, and information concerning your credit standing and driving habits and record.

If the information you receive from the lending institution indicates that an investigative report is being undertaken, you have the right (within a reasonable period of time) to request, in writing, a complete and accurate description of its nature and scope.

The lending institution must provide this information not later than five days after receiving your request. It is not required to respond unless an investigation actually is performed, nor is it required to provide you information sources or a copy of the completed report.

Financial institution regulators recommend that institutions provide a complete and accurate description of the types of questions to be asked and the number and types of persons to be interviewed, along with the name and address of the investigating agency.

For more information, see:

Challenge to a Denial of Credit

Request for Credit Report

Challenge to Credit Report

Fair Credit Reporting Act


Challenge to Credit Report

The purpose of this letter is to challenge an unfavorable entry in your credit report.

When you receive your credit report, you should review it carefully for any mistakes or information more than seven years old (ten years for bankruptcy). If you do not understand something, ask. The credit bureau staff is required by law to explain your report to you.

If there is a mistake or you wish to challenge an incorrect entry in your credit report, use the Challenge to a Credit Report letter. You have a right to respond to a negative entry on your report and to have your response made part of your credit report. Usually the credit bureau will advise you to contact the party that provided the negative information directly.

If there are mistakes, you can take the following actions:

1. 	Notify the credit bureau of the problem by using the Challenge to Credit Report letter in Personal Advocate.

Provide as much information as you can about what is wrong with the report. The credit bureau must reinvestigate the disputed information at no charge to you. The credit bureau must correct any mistake or delete any information it cannot verify.

2.	It may be helpful to contact the creditor directly to ensure that the creditor's records are correct.

3.	If the above steps do not resolve the problem, you can file a written statement of up to 100 words with the credit bureau explaining your side of the story. This explanation will be included in your credit report.

Usually a copy of the actual credit report identifying the incorrect or challenged entry is useful for the credit bureau to investigate the problem.

There are instances in which you may not have a copy of the report. In such cases, identify the parties, the nature of the account, the outstanding balance on the account, and the nature of your complaint so that it may be easily identifiable.

Respond to the negative entry in your credit report file by explaining why the entry is incorrect; for example, explain that the outstanding balance is incorrect or payment already has been made. Provide all information which might be relevant and useful to the credit bureau investigating your complaint.

For more information, see:

Request for Credit Report

Copies of Credit Report File

Joint Credit Report

Credit Bureaus

Fair Credit Reporting Act

Challenge to a Denial of Credit


Fair Credit Reporting Act

The Fair Credit Reporting Act covers all reporting on individuals as consumers when you apply for and obtain credit, employment, and insurance. The Act creates 13 consumer rights:

1.	When a credit report is a factor in turning down an application, the reasons and the name and address of the credit reporting agency must be given.

2.	Upon request, the credit reporting agency must inform you about the nature and substance of information in your credit file.

3.	Upon request, the credit reporting agency must tell you who has received a report of your credit report file. This extends to the past six months for credit and insurance purposes, and to the past two years for employment purposes.

4.	If you find inaccurate and unverifiable information, it must be deleted from your credit file.

5. 	When you find inaccurate information, the credit reporting agency must reinvestigate it.

6.	If, after reinvestigating, the credit reporting agency determines that the information is accurate, you have a right to dispute the item. A brief explanation can be filed and made part of all future credit reports.

7.	Your credit file must be kept confidential and used only for a legitimate business purpose.

8.	Personal information in your credit file must not be provided to government agencies unless a court order is obtained.

9.	If adverse personal information is in public records, you must be informed when it is reported for employment purposes. You also can have this information kept current.

10.	Adverse information must be deleted after seven years, or ten years for bankruptcy.

11.	If an investigative report is made on your personal life, you have the right to be informed, upon request, of the scope and nature of the report.

12.	If you find that an investigative report contains adverse information, you have the right to have that item reinvestigated before the report can be reused.

13.	If a credit reporting agency is negligent, you can collect actual damages. If the negligence was willful, it may be possible to collect punitive damages plus attorney's fees and court costs.

If you have any questions or concerns regarding any of the above-mentioned "rights," consult your personal attorney. Remember, you are responsible for ensuring that your credit file is updated and accurate.

For more information, see:

Request for Credit Report

Challenge to Credit Report

Challenge to a Denial of Credit

Investigative Report


Request for Credit Report

If you have been denied credit or if other adverse action regarding your credit has been taken on the basis of a consumer credit report, you may want to use the "Request for Credit Report" to obtain a copy of your credit report and verify the information contained in it. If the information reported is incorrect, you may use the "Challenge to a Credit Report Letter" to provide correct information to the credit reporting agency.

The purpose of the Request for Credit Report letter is to assist you in obtaining a copy of your credit history, particularly if you have been denied credit within the last 30 days. The credit report tells how you have managed credit in the past. Companies examine your credit report before deciding whether to give you credit. The Fair Credit Reporting Act does not permit you to obtain a copy of your credit report by telephone due to the confidential nature of your credit file. However, a copy can be obtained by a signed written request. If a joint report of a husband and wife is requested, both the husband and wife must sign the request. This request can be made in the form of a letter.

If you have moved within the last several years, credit bureaus require previous address information. You will need to include all addresses you have had for the last 2 to 5 years, depending on the credit bureau. If you are making a joint request, provide the previous address of both spouses.

In addition, other information, including date of birth, social security number, employer, and phone number may be required. Some credit bureaus require that you provide proof of identity such as a copy of your driver's license, military ID, insurance ID, or a current utility bill.

When you receive your credit report you should carefully review it. You have the right to respond to a negative entry on your report and to have your response made part of your credit report.

For more information see:

Copies of Credit Report File

Joint Credit Report

Credit Report Fees

Challenge to Credit Report

Fair Credit Reporting Act

Challenge to a Denial of Credit

Credit Bureaus

Complimentary Credit Report


Complimentary Credit Report

TRW now provides one free credit report each calendar year. To obtain this free report you must write to:

TRW
P.O. Box 2350
Chatsworth, CA 91313-2350
ATTN: Complimentary Report Request

You must provide your full name, current address and addresses for the past 5 years, social security number, year of birth, and your spouse's name. Also, you must include a proof of identity such as a copy of your driver's license, military ID, insurance ID, or a current utility bill.

For more information, see:

Credit Bureaus

Request for Credit Report

Challenge to Credit Report

Credit Report Fees


Credit Bureaus

The first step in obtaining your credit report is to check the telephone directory in your area for the name and address of the local credit bureaus. You may find them listed in the telephone Yellow Pages under "Credit Bureaus" or "Credit Reporting Agencies." Your local bank or retailer also may be able to identify them. Credit bureaus must share with you any information they have on file about you. Call the credit bureau to determine the fee that you will be charged to obtain a copy of your credit report. If you have been denied credit in the last 30 days, there should be no charge. Most credit bureaus will mail you a copy of your report, but you may wish to visit their offices to review your credit report.

There are three main credit bureau agencies in the United States that have credit information:

*	Equifax

*	TRW Credit

*	TransUnion Corporation

The local credit bureaus have access to the information from your file through one of these three main agencies. Although these main bureaus have basically the same information from which to compile the report, they may provide slightly different information depending on a number of factors:

1.	The geographic location in which the company is the strongest,

2.	How quickly they can obtain the information,

3.	Their general access to the information, and

4.	The number of times you have moved or changed addresses.

For more information, see:

Request for Credit Report

Copies of Credit Report File

Joint Credit Report

Credit Report Fees

Challenge to Credit Report

Challenge to a Denial of Credit

Complimentary Credit Report


Joint Credit Report

If a joint credit report is requested for a husband and wife, each spouse must provide his or her full name, current address and previous address within the last several years, social security number, date of birth, current employer, and phone number during normal business hours. In addition, it is necessary for both spouses to sign the letter.

If your name includes Jr., Sr., III, or a similar appendage, be sure to include this with your name.

For more information, see:

Credit Bureaus

Request for Credit Report

Challenge to Credit Report

Fair Credit Reporting Act

Credit Report Fees


Credit Report Fees

The fee for obtaining a credit report ranges from $8.00 for an individual report to $25.00 for a joint report of a husband and wife. Contact the credit bureau to whom you are sending the request to find out the cost of obtaining a report. Phone numbers for the major credit bureau offices are listed in the address book under the topic Consumer and the subtopic Credit Bureau Companies.

If you have been denied credit within the last 30 days, your credit report should be provided free of charge, but it is necessary for you to provide a copy of the letter from the company, agency, or organization which denied you credit within the last 30 days.

For more information, see:

Fair Credit Reporting Act

Request for Credit Report

Credit Bureaus

Complimentary Credit Report


Copies of Credit Report File

If you have a copy of the credit report file, it is advisable to enclose a copy of the report and circle, highlight or otherwise identify the portion of the credit report file which you are challenging. Obviously, enclosing a copy of the credit report file with the entry highlighted or circled is the best practice.

There are, however, instances in which you may not have a copy of the report. In such cases, you should identify the parties, the nature of the account, the outstanding balance on the account, and the nature of your complaint so that it may be easily identifiable.

For more information, see:

Fair Credit Reporting Act

Challenge to Credit Report

Joint Credit Report

Credit Bureaus


Recourse Against Collection

The purpose of this letter is to respond to a demand letter sent to you by a creditor regarding your Account, Promissory Note, or Agreement. This is your opportunity to explain why the demand for payment is incorrect. You might explain, for example, that the balance is incorrect, a discount was not honored, payment has been made, or the invoice was never received because of a change in address.

Your rights as a debtor are governed by both the Fair Debt Collection Practices Act and your state's own collection requirements. If you have any questions about the applicability of these requirements to you, consult your personal attorney.

Attach copies of returned checks, payment records, and any other documentation which supports your claim that the balance as stated in the demand letter is incorrect. If you have documentation to support your claim for a discount, attach it to this letter. If you have a copy of a returned check in payment of the amount owed, it is helpful to attach it also. Do NOT send original documents.

For more information, see:

Fair Debt Collection Practices Act

Demand for Money Owed


Demand for Money Owed

The only permissible purpose of the Demand for Money Owed letter is for a creditor acting on his or her own behalf to collect debts owed to him or her. The person preparing and signing this letter must be the person claiming the amount of money owed.

If the letter is not prepared for this purpose, you may be required to comply with the stringent requirements of the Fair Debt Collection Practices Act. Your state may have its own collection requirements which also need to be considered.

If the letter is prepared for collecting money owed to someone else, it is necessary for you to see your attorney to determine whether or not you qualify for one of the exceptions under the Fair Debt Collection Practices Act or whether you satisfy your individual state's requirements.

It is customary to allow approximately 30 days for payment of money owed on a past due account, promissory note, or agreement. However, there is some flexibility as to when you set the deadline date. Keep in mind that the deadline for payment must be a reasonable time after the date of the letter and should not be less than 10 to 20 days.

For more information, see:

Fair Debt Collection Practices Act

Recourse Against Collection

Accrued Interest Illustration


Accrued Interest Illustration

The following example illustrates how to calculate "accrued interest" for the Demand for Money Owed letter.

Assume the following facts:

1.	The debtor owes you $5,000.00 on an account or note that had an original balance of $8,000.00.

2.	The amount owed bears interest at an annual rate of 12 percent.

3.	Interest is owed from January 15, 1992.

4.	The current date (or other specified date) is May 17, 1992.

You must calculate the accrued interest through the current (or specified) date. You must also calculate the amount of interest that will be owed for each additional day after the specified date that the debt remains unpaid.

To determine the accrued interest amount:

1.	Calculate the days from January 15 through May 17.

(16 + 28 + 31 + 30 + 17 = 122)

2.	The interest rate of 12 percent becomes the decimal figure .12.

3.	The accrued interest amount is $200.55, based on this calculation:

$5,000.00 x .12 x 122/365 = $200.55.

The program automatically calculates the daily accrual of interest as follows:

1.	It calculates the annual amount of interest:

$5,000.00 x .12 = 600.00.

2.	It divides the annual amount of interest by 365 to obtain the daily accrual amount: $600.00/365 = $1.64.

For more information, see:

Consumer Complaints

Complaint to Better Business Bureaus

Complaint to Attorney General's Office

Demand for Money Owed

Request for Credit Report

Challenge to Credit Report

Challenge to a Denial of Credit

Recourse Against Collection


Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act covers the collection of any personal, family, or household debt. The Act applies to the following:

1.	Any person in the business of collecting debts.

2.	Any creditor who collects debts using a name other than his/her own.

3.	Anyone who collects or tries to collect debts for another person.

The Act does NOT apply to banks, other lenders, or businesses that collect their own debts, using their own names.

A collector may contact a person other than the debtor ONLY for the purpose of locating the debtor. In doing so, the collector must do the following:

1.	Identify himself or herself.

2.	Not reveal the consumer's debt.

3.	Not use a postcard or any other means that might reveal the debt-collection activity.

4.	Not contact the person more than once unless absolutely necessary.

5.	If the collector learns the identity of an attorney who is representing the debtor, the contact must be with that attorney.

A collector CANNOT do the following:

1.	Contact the debtor before 8 a.m. or after 9 p.m.

2.	Contact the debtor at unusual places.

3.	Contact the debtor at the place of employment if it is known that the employer prohibits such contact.

4.	Harass or abuse the debtor. This includes, but is not limited to:

a.	Using or threatening violence or harm to the person, the person's reputation, or property;

b.	Using obscene language;

c.	Publicizing the debt;

d.	Making annoying, repetitive, or anonymous phone calls;

e.	Providing false or misleading information as to the collector's identity;

f.	Collecting an additional fee not authorized by law or the terms of the debt agreement;

g.	Charging the debtor with collect calls or telegram fees;

h.	Communicating by postcard.

5.	During the period when a debt is being verified, the collector may not ask for payment.

Within five days of contacting a debtor, the collector must send a written letter that includes the following information:

1.	The amount of the debt.

2.	The name of the creditor.

3.	Notice that the debt will be assumed to be valid unless disputed within 30 days.

4.	Notice that if the debt is disputed, the collector will verify and send a copy of the verification of judgment against the consumer.

If a debt collector does not comply with the Fair Debt Collection Practices Act, the debtor may sue the collector within one year after the violation. It may be possible for the debtor to recover actual damages, additional damages up to $1,000, court costs, and reasonable attorney's fees.

If you have any questions or concerns regarding the application of the Act, consult your personal attorney.

For more information, see:

Challenge to a Denial of Credit

Request for Credit Report

Challenge to Credit Report

Investigative Report

Recourse Against Collection

Demand for Money Owed


Consumer's Issues
Consumer Issues

Generally speaking, consumer issues are inquisitive in nature. The consumer typically needs more information or is requesting action on the part of the company. This can be in the form of simply sending information, or responding to a grievance or dissatisfaction with a product or service. Personal Advocate provides letters that pertain to either situation.

You can jump to either general topic by clicking on the appropriate button on the left. In addition to the letters, Personal Advocate includes information on how to request materials from various corporations, organizations, and government agencies. You can learn the differences between the Attorney General's Office and the Better Business Bureau, as well as how to follow up on a complaint you feel has not been properly responded to.


Consumer Complaints

There are two basic steps in making a consumer complaint. First, contact the person or company who sold the item or performed the service. Explain the problem and what action you would like to see taken. If you are unsuccessful, ask to speak with the supervisor or manager. Often, a complaint is resolved at this level.

If you fail to receive a response at the local store, next call or write to the person responsible for consumer complaints at company headquarters. The Consumer Complaint letter in the program can help you write a letter. Address letters to the company president or consumer office. Many companies have toll-free telephone numbers, often printed on the product's package. To find out if a company has a toll-free number, call:

1-800-555-1212

You may also want to write a letter to your local consumer protection office. Consult your telephone directory for county or city consumer protection offices. The Consumer address book in Personal Advocate contains addresses for state consumer protection offices. If no consumer protection office exists for your state, refer to the Attorney General subtopic. You may want to write to the Better Business Bureau or Attorney General with Personal Advocate letters.

When preparing to file a complaint, it is important to maintain records. Make copies of correspondence and keep written record of the people with whom you speak and what action was taken. Do NOT send your original documents to the company.

For more information, see:

Company Contacts and Brand Name Information

Complaint to Better Business Bureaus

Complaint to Attorney General's Office

Distinction Between Better Business Bureaus and State Government Offices

Filing a Consumer Complaint

Renter / Landlord Disputes


Company Contacts and Brand Name Information

If contact with the sales person or company representative does not resolve the problem, the next step is to send a letter to company headquarters. A listing of several major corporate contacts is available in the Personal Advocate program.

Additional sources for company and brand name information can be obtained from the product label or warranty information or from the "Consumer's Resource Handbook" prepared by the Office of the Special Advisor to the President for Consumer Affairs. A free copy of the handbook may be obtained by writing: Handbook, Consumer Information Center, Pueblo, Colorado 81009.

You also can obtain information from the following books in your local library:

*	Standard & Poor's Register of Corporations, Directors, and Executives

* 	Standard Directory of Advertisers

*	Thomas Register of American Manufacturers

*	Trade Names Directory

For more information, see:

Complaint to Better Business Bureaus

Complaint to Attorney General's Office

Consumer Complaints

Filing a Consumer Complaint

Distinction Between Better Business Bureaus and State Government Offices


Complaint to Better Business Bureaus

There are currently about 180 Better Business Bureaus (BBB's) in the United States. These BBB's are nonprofit organizations sponsored by private local businesses. They offer a variety of information on products or services, reliability reports, background information on local businesses and organizations, and records of a company's complaint-handling performance.

Each BBB has its own policies regarding whether or not it will disclose the nature of a complaint against a business. However, all BBB's will disclose whether a complaint has been registered against the business in which you are interested.

Many of the BBB's will accept written complaints and will contact a firm on your behalf. However, BBB's do not judge or rate individual products or brands, handle complaints concerning the prices of goods or services, or give legal advice. If there is a situation involving potential liability (that is, an injury), the BBB will refer the complaint to the appropriate state government consumer office. However, many BBB's do offer binding arbitration upon request.

A listing of the BBB's in the United States is available in Personal Advocate's Consumer address book. Additional information regarding Better Business Bureaus may be obtained from:

Council of Better Business Bureaus, Inc.,
4200 Wilson Blvd.
Arlington, VA 22203
PHONE: 703-276- 0100

Or from the "Consumer's Resource Handbook," published by the Office of the Special Advisor to the President for Consumer Affairs and available free by writing:

Handbook
Consumer Information Center
Pueblo, CO 81009

For more information see:

Consumer Complaints

Complaint to Attorney General's Office

Distinction Between Better Business Bureaus and State Government Offices

Filing a Consumer Complaint


Distinction Between Better Business Bureaus and State Government Offices

The question of whether to write to the Better Business Bureau or the Attorney General's office depends on the questions involved and the nature of the complaint. If you have been injured by a product, have contacted an attorney, or are interested in the legal ramifications of your rights, the Attorney General's office is a more appropriate choice.

If, however, you are interested in getting background information on the business's track record of handling complaints and want help contacting the business's company representative, the Better Business Bureau is better suited to handle such a complaint. Explaining the nature of your complaint to the Better Business Bureau or the Attorney General's office will result in either one referring you to the proper agency. Another option is to first write a letter to the Better Business Bureau. If that avenue is ineffective, then write a letter to the Attorney General. Include copies of all correspondence with the company and the Better Business Bureau.

For more information, see:

Complaint to Better Business Bureaus

Complaint to Attorney General's Office

Company Contacts and Brand Name Information

Filing a Consumer Complaint

Consumer Complaints


Complaint to Attorney General's Office

State government consumer offices can be helpful because they are easy to contact and are familiar with the state's businesses and laws. State consumer offices are set up differently across the nation. Some states have separate departments of consumer affairs, while others have a consumer affairs office as part of the governor's office or attorney general's office. A listing of State Consumer Protection offices is available in Personal Advocate's Consumer address book. If an address is not available for your state, consult your governor's office to help you locate the proper office or to refer you to the proper agency.

Another good source for the addresses and telephone numbers of state consumer offices is the "Consumer's Resource Handbook" published by the Office of the Special Advisor to the President for Consumer Affairs and available free by writing:

Handbook
Consumer Information Center
Pueblo, CO 81009.

If your consumer problem relates to a business outside of the state in which you live, you should contact the consumer office in the state where you made the purchase. When you contact any state consumer office, you will need copies of the sales receipts and other sales documents and all correspondence you have had with the company.

For more information, see:

Complaint to Better Business Bureaus

Filing a Consumer Complaint

Company Contacts and Brand Name Information

Consumer Complaints

Distinction Between Better Business Bureaus and Government Offices


Filing a Consumer Complaint

When you lodge a consumer complaint, whether by a telephone call or letter, it is important to provide specific information regarding the product or service in question. The description of the product should include the serial or model number, the size, color, and any other distinguishing characteristics. Provide an accurate description of the service you received, the name of the person who performed the service, and when you received the service.

When describing the problem, be specific and to the point. Merely stating that the product "did not work" does not give enough information. A detailed summary of your complaint will aid the company in resolving your problem.

The seller or manufacturer has the right to replace or repair the defective product before offering a refund. Only when a product was misrepresented or defective does the seller or manufacturer have a legal obligation to refund the consumer's money. Some businesses, however, follow a cash refund policy no matter what the reason for returning the merchandise. Other businesses may have a return policy that all sales are final on credit for returned merchandise. Therefore, it is advisable to find out the store's return policy before making the purchase.

Do NOT send your original documents to the company. Send COPIES of all the items that directly relate to your complaint. Retain the originals and extra copies for your records. Allow the company sufficient time to resolve your problem before seeking additional assistance.

For more information, see:

Consumer Complaints

Company Contacts and Brand Name Information

Complaint to Better Business Bureaus

Complaint to Attorney General's Office

Distinction Between Better Business Bureaus and State Government Offices


Renter / Landlord Disputes
Tenant / Landlord Disputes

Personal Advocate provides letters you can use to protect your legal rights as a tenant. It also provides letters for contacting your landlord for notification of lease termination and for maintenance and repair requests.

For more information, see:

Return of Security Deposit and Damage Statement

Terminating a Lease

Request to Landlord for Maintenance and Repairs

Steps to Protect Your Security Deposit as a Tenant

Steps to Protect Your Legal Rights as a Tenant

Legal Counsel

Consumer Complaints


Return of Security Deposit and Damage Statement

When a house or an apartment is rented, a landlord usually collects a rental deposit (also called a security deposit) in advance to pay for any damage to the premises, to cover unpaid rent, or to cover other expenses.

The landlord DOES have the right to inspect your apartment for compliance with your rental agreement and charge the expense of cleaning or repairing damage against your security deposit. For your information and records, however, it is advisable to request an itemization of the amounts charged and the claimed damage.

Some states have a statutory requirement for landlords either to return the security deposit within a certain number of days or to specify the reason(s) why the deposit is withheld. Contact your personal attorney or the legal aid office to determine how long the landlord has to return the security deposit in your specific jurisdiction.

For more information see:

Steps to Protect Your Security Deposit as a Tenant

Steps to Protect Your Legal Rights as a Tenant

Legal Counsel

Request to Landlord for Maintenance and Repairs

Terminating a Lease


Steps to Protect Your Security Deposit as a Tenant

As a tenant, there are a number of ways you can protect your security deposit:

1.	Get a receipt when the deposit is delivered to the landlord. The receipt should say it is for a rental deposit, and it should state the amount and date it was received.

2.	Make a list of any existing damage before you move into the premises. The landlord should help you make the list, if possible. It also is advisable to have another person there as a witness. It is best if the list is signed by both the tenant and the landlord (or the landlord's agent, if the landlord is not available). Both the landlord and tenant should keep a copy of the damage list for their records. Photographs of the premises taken before you move in also are helpful in identifying any existing damage.

3.	Inform the landlord immediately of damages which occur while you are renting the premises. If possible, do this in writing. Explain the cause of the damages fully.

4.	Give the proper notice when you want to move out within the number of days specified in your rental agreement. This letter provides a means for giving the landlord notice of your intent to vacate the premises.

5.	Give the landlord a mailing address at the time you move out or before. This can be your new address, the address of a friend, or wherever you want your deposit sent. Give your forwarding address to the landlord in writing, and keep a dated copy for your own records. If no mailing address is given to the landlord within one year, you may lose the right to get any of the deposit back.

If you are moving a great distance away, you may want to give the landlord the address of a trusted local friend to whom to send the deposit. Some landlords may be tempted to keep the deposit unfairly if you are moving far away. They may think it is going to be too inconvenient for your to take legal action in the local court to recover the deposit.

6.	Leave the premises in the same or better condition as it was when you moved in. Normal wear and tear is expected and need not be fixed or restored. A charge may not be made against your deposit for normal wear and tear.

7.	Arrange a meeting with the landlord at the time you move out. Go through the checklist you made when you moved into the premises. Ask the landlord whether you are going to be charged for any damages or cleaning so that you can take appropriate action before you leave. If the landlord can state no reason for keeping part or all of the deposit, ask to get the deposit back at this meeting.

For more information, see:

Return of Security Deposit and Damage Statement

Steps to Protect Your Legal Rights as a Tenant

Terminating a Lease

Request to Landlord for Maintenance and Repairs


Terminating a Lease

This letter should be mailed to your landlord or landlord's agent in accordance with the requirements for terminating the lease as set forth in your lease agreement. For your own protection, at least one copy should be sent by certified mail with a return receipt requested. A second copy should be mailed first class.

Be sure to note under "forwarding address" the address to which your security deposit refund should be mailed.

Keep two copies of this letter so that you will have one copy to use or to give to your personal lawyer if it becomes necessary for you to initiate legal action to obtain the refund of your security deposit.

For more information, see:

Return of Security Deposit and Damage Statement

Steps to Protect Your Legal Rights as a Tenant

Steps to Protect Your Security Deposit as a Tenant


Request to Landlord for Maintenance and Repairs

In order to obligate your landlord to make a repair or resolve a problem with the leased premises, the landlord must know about the problem. Notice to an agent or employee of the landlord also is considered notice to the landlord. However, it is advisable to send your notice directly to the person or entity listed in your lease agreement as the party who receives notices from the tenant.

The best way to give a landlord notice is to provide written notice and send it to the landlord or agent by registered or certified mail. Proof of mailing insures that the landlord cannot later claim that notice was not received.

You also may contact the landlord by telephone to describe the problem, then follow up that conversation with this letter. The landlord must have a reasonable amount of time to fix the problem.

For more information, see:

Steps to Protect Your Security Deposit as a Tenant

Steps to Protect Your Legal Rights as a Tenant


Steps to Protect Your Legal Rights as a Tenant

There are a number of steps you can take to protect your legal rights as a tenant:

1.	Take photographs of any condition of the rental property which existed prior to your tenancy.

2.	Put in writing any important messages to your landlord, keeping a copy for your own records.

3.	Keep copies of all written documents pertaining to the leased premises.

4.	Get receipts for rental payments and for the return of keys to your landlord.

5.	Have a witness available to see or hear anything that could later be the subject of dispute.

6.	Keep a record of when important events take place. For example, record when you first complained about the need for repairs, or when the landlord entered the premises without knocking.

If you are unable to resolve your problem satisfactorily, contact your personal attorney or the legal aid office in your community to explore your legal options.

For more information, see:

Return of Security Deposit and Damage Statement

Steps to Protect Your Security Deposit as a Tenant

Terminating a Lease

Request to Landlord for Maintenance and Repairs


Consumer Inquiries
Consumer Requests

Personal Advocate provides letters for requesting information from or action on the part of companies and organizations. For more information, click on a topic below. You will also find letters requesting more specific information under the general topics on Government, Personal Records, Other Letters, Medicare, and Social Security.

Information About an Organization

Request for State Lemon Law Information

Request for Corporate Annual Reports

Request Your Name be Removed from a Mailing List

Request for Direct Mail Advertising

Request for Consumer Information Catalog

Request for Credit Report

Request for Birth or Death Certificate

Request for Marriage License or Divorce Decree

Request to Landlord for Maintenance and Repairs

Request for School Records

Request for Government Publications

Consumer Issues

Consumer Complaints


Information About an Organization

The Letter Requesting Information About an Organization can be used to obtain information regarding an organization in which you are interested. For example, you might be interested in joining an organization, but would like to receive additional information before making such a decision. The first paragraph of this letter is as follows:

"I am interested in your organization and its goals. Please send me information that explains your organization."

You are allowed to include optional sentences requesting information concerning membership or the financial report for a nonprofit organization. You can also compose an additional paragraph in which you can provide further information regarding your interest in the organization. This paragraph could also be used to be more specific regarding the information that you are requesting. The final paragraph advises the organization on how to contact you, and also provides a "thank you."

For more information, see:

Consumer Requests

Corporate Annual Reports


Removal of Name from Mailing List

Use the Removal of Name from Mailing List letter to request that your name be removed from mailing lists in an effort to receive LESS direct advertising material. The letter may be addressed to the Direct Marketing Association (DMA) or to any company (such as a mail order firm or catalog company) that you believe may be selling or renting mailing lists containing your name.

The DMA is a national clearinghouse to which you can write requesting its members to remove your name from the mailing or telephone solicitation lists. Although the DMA has nearly 2,000 members, only a minimal number of the association's members have agreed to voluntarily remove consumers' names from their lists upon request.

Attach these letters to your order form when you order anything by mail to request that your name and address NOT be added to the seller's marketing list or resold to another company.

For more information, see:

Request for Direct Mail Advertising

Consumer Information Catalog


Request for Direct Mail Advertising

Use this letter if you would like to receive MORE direct mail advertising material on selected subjects.

For more information, see:

Removal of Name from Mailing List

Consumer Information Catalog


Request for State Lemon Law Information

Most states have "lemon" laws that provide consumer protection in connection with defective motor vehicles. The defect generally must have appeared within the first year of ownership, and must substantially impair the use, value, or safety of the vehicle. Generally, such laws apply to new vehicles that have required three or more repairs for the same defect or have been out of service for a total of 30 or more days during the lemon law period.

NOTE: ALL MAJOR AUTOMOBILE MANUFACTURERS HAVE ESTABLISHED ARBITRATION PROCEDURES THAT MUST BE FOLLOWED BEFORE RESORTING TO THE LEMON LAW.

You should first consult your owner's manual for this information. If the lemon law applies, you will be entitled to a replacement of your vehicle or a refund of the purchase price, less a reasonable allowance for your use of the vehicle.

This letter will help you obtain the most current information for your state. If you own a motor vehicle with a defective condition that falls within the scope of your state's lemon laws, and if you are unable to obtain a satisfactory resolution, you should consider using Personal Advocate's Consumer Complaint letter or Better Business Bureau/Attorney General letter. If you continue to be unable to obtain a satisfactory result, you should consult with an attorney regarding your options. You should also contact an attorney or your state's Attorney General if you have questions regarding your state's lemon laws.

For more information, see:

Complaint to Better Business Bureaus

Complaint to Attorney General's Office

Company Contacts and Brand Name Information

Consumer Complaints


Request Copy of School Records

The permissible use of this letter is for:

1.	A parent to request access to his or her child's school records, or

2.	A child who is eighteen or begins attending college to request access to his or her school records.

School records are usually maintained on each student to facilitate the instruction, guidance, and education of the student. The records may contain: identification data, attendance data, record of achievement, family background data, aptitude tests, educational and vocational plans, honors and activities, discipline data, objective counselor or teacher ratings, and observations and external agency reports.

You can obtain the name and position of the person responsible for the maintenance of school records by calling the school your child is attending.

The Family Educational Rights and Privacy Act (also known as FERPA or the Buckley Amendment) governs a parent's right of access to student records. For questions about this Act, its regulations, and the interpretation and application of the Act in schools, you can contact the FERPA office at the Family Educational Rights and Privacy Act Office, Department of Education, Switzer Building, 330 C Street SW, Washington, D.C. 20201

For more information, see:

Family Educational Rights and Privacy Act (FERPA)

Records Accessible Under FERPA

How FERPA Guarantees Access

Rights of Custodial and Noncustodial Parents

Destruction of School Records


Family Educational Rights and Privacy Act

In 1974, Congress passed the Family Educational Rights and Privacy Act (also known as FERPA or the Buckley Amendment) to define who may and who may not see student records. The law guarantees parents the right to have access to their child's school records. It also prohibits release of the records to outsiders without parental permission, except in case of emergency.

The law contains five important provisions:

1.	It requires school districts to establish a written policy concerning student records. Districts must inform parents of their rights under the Act each year and of where they can obtain copies of the school's policy for implementing these rights.

2.	It guarantees custodial and non custodial parents the right to inspect and review the educational records of their children. This does NOT include teachers' personal notes about students.

3.	It establishes procedures through which parents may challenge the accuracy of student records and place an explanation in the record of any information with which they disagree.

4.	It protects the confidentiality of student records by preventing disclosure of personally identifiable information to outsiders without prior parental written consent, with limited exceptions.

5.	It entitles parents to file complaints with the FERPA office concerning alleged failures to comply with the Act.

The law applies to all schools which receive funds under any federal program administered by the U.S. Department of Education. This includes funds provided to students attending the school and to schools that receive grants or contracts from the Department of Education. This means that the Act applies to all public schools and colleges and almost all private colleges and universities.

The Act does NOT apply to any parochial school, nor does it apply to most private elementary and secondary schools since, according to the FERPA office, most do not receive direct funding from the Federal Department of Education.

Under FERPA, a school may NOT deny parental access to student records, but it may deny a request for a copy of such records when parents are able to personally inspect them at the school.

For more information, see:

Request Copy of School Records

Records Accessible Under FERPA

How FERPA Guarantees Access

Rights of Custodial and Noncustodial Parents

Destruction of School Records


Records Accessible Under FERPA

Educational records include any information compiled by a school which is directly related to a current student, regardless of whether the record is hand-written, printed, or on tape, film, microfilm, or microfiche. However, FERPA does NOT give parents the right to review personal notes of teachers, psychologists, or administrators that are in their "sole possession" and are not shared with anyone except a temporary substitute.

In addition, students at colleges do NOT have the right to see records of health professionals used only in connection with the treatment of a student, records of a law enforcement unit of the school used solely for law enforcement purpose, or job-related records of students employed by the school.

For more information, see:

Request Copy of School Records

Family Educational Rights and Privacy Act

How FERPA Guarantees Access

Rights of Custodial and Noncustodial Parents

Destruction of School Records


How FERPA Guarantees Access

The law states that no federal funds will be made available to any school that prevents parents from exercising "the rights to inspect and review the educational records of their children."

This includes the rights:

1.	To be informed about the kinds and location of educational records maintained by the school and the officials responsible for them;

2.	To obtain copies of records where necessary (for example, when parents are physically unable to travel to the school to inspect the records); and

3.	To receive an explanation or interpretation of the records if requested.

Officials must comply with a parental request to inspect "within a reasonable time, but in no case more than 45 days after the request." Although a school may not deny parental access to student records, it may deny a request for a copy of such records when parents are able to personally inspect them at the school.

If parents cannot personally inspect their child's records at school because of health reasons or because they live far from the school, the school is required to provide the parents with copies of the educational records. Schools can charge a reasonable fee for making copies of such records unless parents cannot afford to pay.

For more information, see:

Request Copy of School Records

Family Educational Rights and Privacy Act

Records Accessible Under FERPA

Rights of Custodial and Noncustodial Parents

Destruction of School Records


Rights of Custodial and Noncustodial Parents

Parents may assert their child's rights of access and consent until the child becomes eighteen or begins attending college. After this, the right of access may be given only by the student.

However, a college may allow parents of a "dependent student" (as defined by the Internal Revenue Code) to see their child's records. Generally, if the child is between 19 and 24 and the parent furnished over half of the child's support for the calendar year, the child will be considered a "dependent student."

The rights of non custodial parents to see their children's records are generally the same as those of custodial parents. FERPA provides EACH parent with the right of access to the child's records. The Act and its regulations make no distinction based on whether a parent has custody or not.

Therefore, a school district must give a non custodial parent the same right of access as a custodial parent unless the school has been given "a legally binding instrument or a state law or court order governing such matters as divorce, separation, or custody which provides to the contrary."

For more information, see:

Request Copy of School Records

Family Educational Rights and Privacy Act

Records Accessible Under FERPA

How FERPA Guarantees Access

Destruction of School Records


Destruction of School Records

If state law does not regulate the destruction of educational records, schools may destroy some or all of a student's records at any time, except when a request has been made to inspect them under FERPA.

For more information, see:

Request Copy of School Records

Family Educational Rights and Privacy Act

Records Accessible Under FERPA

How FERPA Guarantees Access

Rights of Custodial and Noncustodial Parents


Corporate Annual Reports

Corporations usually are willing to send their corporate annual report to anyone who requests one. Direct your letter to corporate headquarters, specifically, the corporate or public relations department. If you have a previous annual report, an address for requesting future reports is often listed somewhere in it. Another source for corporate annual reports is your local library or your university's business library.

A listing of several major corporate addresses is available in the Personal Advocate Major Corporations address book. Additional sources available from your local library are:

*	Dun and Bradstreet Million Dollar Directory

*	The Directory of Corporate Affiliations

*	Standard and Poor's Register of Corporations, Directors and Executives

*	Encyclopedia of Business Information Sources

Often there is limited printing available at the corporate level. If the corporation does not have enough annual reports printed, it may send you a photocopy of a report with information that you can use.

For more information about reading corporate reports, refer to the "Encyclopedia of Business Information Sources," available from your local library.

For more information, see:

Consumer Information Catalog

Request for Direct Mail Advertising


Free-form Letter
Other Correspondence

The Personal Advocate Free Form Letter provides the format for basic business correspondence and can be used to create letters for any business purpose. You can also transfer addresses from the Address Manager to the free-form letter, and access all other Personal Advocate functions through the letter.

In addition to a free-form letter for use in creating correspondence not covered by any of the existing program letters, Personal Advocate provides information for unusual situations and for very specific purposes. Click on any button to find out more information about the category and jump to related topics.

For more information, see:

Personal Advocate Topic List

Signing Your Documents


Legal Counsel

You may wish to seek legal counsel or contact a licensed attorney (lawyer) if you have a question concerning the construction and legality of your documents. Most lawyers have different areas of specialization, and a certain lawyer's specialization can influence how well that person responds to a specific question.

The type of attorney you contact should depend on the particular documents you want to produce. The following list shows all of the Personal Advocate documents and the related area of law specialization:

TYPE OF DOCUMENT	AREA OF SPECIALIZATION

Consumer Complaint and Credit Letters	Debtor/Credit Law

Landlord/Tenant Issues	Real Estate Law

Medicare/Social Security Programs	Government Entitlement

Alimony/Child Support	Family Law

Government Issues	Business Law

Other	Business Law

In addition, before you choose a lawyer, keep in mind these points related to the size of that person's firm:

1.	In many small (one to five lawyers) or medium-sized (six to thirty lawyers) law firms, the lawyers are considered "general" or "trial" lawyers. Most general lawyers could respond to all or substantially all of the questions raised in the above areas, and many trial lawyers could answer a few general questions.

2.	In large firms, frequently the general lawyers (sometimes called "business" lawyers) are so specialized that they would be able to answer questions only in one or two areas of specialization.

Of course, there would be exceptions to the above generalities. Discuss your concerns with the attorney you decide to hire.

For more information, see:

Locating an Attorney

Personal Advocate Topic List


Locating an Attorney

There are a variety of ways to select a lawyer. The following are possible sources:

1.	Friends and business contacts - You might wish to check with friends or business contacts who may have seen a lawyer regarding a legal issue in the same area of specialization as your problem.

2.	Legal Services corporations - This government-funded agency consists of lawyers who provide legal services primarily for persons who meet certain income guidelines. However, many of these lawyers will answer a few questions or provide a recommendation for anyone who contacts them. Many Legal Services lawyers have good backgrounds and can answer questions regarding employment issues, real estate lease issues, and debtor/credit issues.

3.	State and local bar associations - These associations of lawyers sometimes provide legal information and may offer referral services. To contact your local bar association, see the yellow pages in your telephone book.

4.	Other professionals - Often other types of professionals, such as bankers, life insurance sales agents, and Realtors, provide referral services. For example, loan officers are frequently aware of general business attorneys who can help with questions on real estate, employment, general, and corporate law. In addition, bank trust officers are often familiar with wills and estate planning, and in fact, some trust officers are lawyers. Lastly, accountants are often knowledgeable regarding good business lawyers.

5.	Martindale-Hubble Law Directory - This law directory lists all attorneys in the United States and rates the quality of all attorneys who have been in practice for at least five years. This multi-volume resource is often available in larger public libraries. Such libraries may also have similar services which purport to provide listings of the "best" lawyers and their specialties.

For more information, see:

Legal Counsel

Personal Advocate Topic List


Signing Your Documents

In order for any piece of correspondence to be effective, your original signature or initials should be included in the signature line near the end of a document, or somewhere within the document, depending on the nature of the document. Additionally, some documents may require or merit the signature of a Notary Public, or other witness, to verify your signature and/or the validity of the document.

You can record signature information (dates or other notations and circumstances) in the Safekeeping attachment, available by clicking on the Safekeeping button in the Finalize Document dialog in the Personal Advocate program.