I first learned about victim compensation when I became an attorney funded by NYS Office of Victim Services (OVS) representing victims of domestic violence. I noticed my grant required me to help victims apply for victim compensation from OVS, so I figured I better learn what it was and how to apply for it. In all honesty, I never did help a client apply. I only had a basic understanding and was so busy with their other legal issues that I never got the chance. I would try to let my clients know it was available and suggest they ask their advocate for help applying. That all changed when I started here at the Crime Victims Legal Network (CVLN) Team at Empire Justice Center.
The CVLN Team at Empire Justice Center learned and recognized that there are challenges applying for victim compensation:
1. Victims frequently don’t seek help from advocates, apply for the wrong type of claim, and are denied;
2. Advocates do an amazing job at applying and working with OVS on pending applications, but if the application is denied they might not know or have the ability to take the next steps to question the denial; and
3. Lawyers and paralegals may not have the time or knowledge to help with the applications or denials.
So, as Regional Attorney Coordinator, I volunteered to learn as much as I could about victim compensation to try to help victims as well as the OVS-funded professionals who are part of the statewide Crime Victims Legal Network. My hope is that more of you will be able to help with victim compensation once you know you have the support you might need.
Read on for 3 things – basic information, navigator/guide, and help – that might be useful to you.
(1) Basic Information
(A) Types of Claims
There are three types of claims: (1) Personal Injury Claim; (2) Essential Personal Property Claim; and (3) Death Claim.
Although that seems straightforward, it is not. There are nuances and exceptions so someone who was not physically injured may still be eligible to apply for a Personal Injury Claim. Why does it matter? Because the types of expenses reimbursed vary by the type of claim. Personal Injury Claims reimburse the most types of expenses. So, for example, if you have an elderly victim of crime who was not actually physically injured, they may still be eligible to apply for a Personal Injury Claim, which then opens them to a greater number of expenses that may be reimbursed.
(B) Denials or Partial Denials
If the victim’s application is denied, you have options:
1. You can ask OVS to reopen the claim – OVS may reopen a claim at any time;
2. You can file an appeal to OVS within 30 days (regulations refer to this as a request for reconsideration, but OVS calls it an appeal);
3. An attorney or pro se victim can file an Article 78 with the Supreme Court.
Keep in mind, OVS’s decision must provide a reason or explanation for the denial. And OVS’s initial and final decision must contain “notice of appeal rights” language. A defective notice (including failure to include a reason or appeal rights, for example) can toll the time in which to file an appeal. Matter of Zellweger v. New York State Dept of Social Services, 74 N.Y.2d 404 (1989).
(2) Victim Compensation Navigator and Guide
We, the CVLN Team at Empire Justice Center along with partner Pro Bono Net, developed the Navigator and Guide to help victims, advocates, paralegals, and attorneys determine threshold issues such as eligibility and to help with applications.
By answering a few questions, the Navigator will let you know:
1. whether the victim may be eligible;
2. what type of claim should they apply for; and
3. what expenses might be reimbursable.
Once those questions are answered, the Guide then provides detailed page-by-page instructions on:
1. what you will need to file the claim application;
2. how to apply;
3. specific tips for each aspect of the application;
4. what to expect;
5. timeframes;
6. sample documents; and
7. what to expect or next steps to take after getting an OVS decision on the claim.
The Guide and Navigator can be used together. We hope these resources provide the support you might need to venture into victim compensation if this area is new to you.
(3) Help for Issues with Applications and Denials – $18,000!!
We, the CVLN Regional Attorney Coordinators (Amy Molloy Bogardus and I), are here to help you at any stage of the process – from application to appeal. We are extremely familiar with the victim compensation statutes, implementing regulations, and case law as well as OVS published guidelines.
Last year, an attorney, who was not familiar with victim compensation, told us their client, an elderly crime victim, with the help of an advocate, had applied for and been denied compensation. Both the advocate and the attorney thought that was the end of the line for compensation. But, it wasn’t! We learned the facts, did some research, and spoke to OVS. Based on that work and conversation, OVS reversed their decision and awarded the client $18,000 in compensation.
I feel honored to have learned so much about victim compensation to help victims recover at least some of the expenses they incurred as a consequence of being a crime victim. I hope my words invite you to step into this work or reach out to us for help.