Legally blind woman worried she'll lose benefits over father's will

A legally blind woman says she's frustrated after Nova Scotia's Department of Community Services lost documents and put her at risk of losing her income assistance — and at one point wrongly thought she was deaf.

"I feel like I'm doing circles," said 42-year-old Tanya Smith. "It's left me feeling stressed and angry. Really angry."

The Truro woman has been legally blind since she was a toddler and has been getting benefits her entire adult life. She has other health issues that prevent her from working.

The problems started two years ago when Smith's father died and left an inheritance for her and her siblings. Smith knew getting such an inheritance could jeopardize her benefits, so she renounced her interest. She sent the paperwork to the department in September 2017. 

Despite that, the next month she got a letter saying her benefits would be cut off. She lost her benefits for about a week. 

Smith got that sorted out, but in January of this year she got another letter stating that she was at risk of losing her benefits because she had access to assets in her father's estate. 

Never got money from her father

Smith estimates her inheritance would have been a few thousand dollars and land worth several thousand more, but she doesn't know for sure. 

"I never had assets because it went directly from my dad to my sister. Never at any given time was it in my name," said Smith, sitting on a couch near a photo of her parents in her well-kept apartment.

Smith's lawyer, Michelle Lahey, said the department was reminded that Smith had renounced her interest.

"The department then admitted that they had lost the renunciation and asked that she provide another renunciation for their files," said Lahey. 

"She has now sent, at the request of the department, three copies of the same renunciation in the estate."

Shannon Kerr, spokesperson for community services, said the department does not comment on specific cases. But she said as a rule, the employment support and income assistance program considers all sources of income and assets to decide if someone's eligible. 

"To properly assess a client's situation, documentation is required to verify the circumstances," Kerr wrote in an email. 

"Staff are committed to working with clients to ensure they fully understand the types of documentation that may be required and why, as well as offering other assistance where needed."

The department would not comment on the documents Smith said were lost, but did say in a statement to CBC News that staff "receive training to acquire proper filing and storage practices that are followed as part of our records management."

'Tanya has been living with uncertainty'

Lahey said the situation has caused considerable stress on her client.

"Since 2017, quite literally month-to-month, Tanya has been living with uncertainty if she will get income-assistance benefits," said Lahey. 

"She's a vulnerable person and she relies exclusively on this income assistance and has since 1995."

In 2005, the department lost her medical records and wrongly called her deaf, said Smith. She said she received a phone call in March that year saying her medical records had been misplaced and that she needed to come into the office.

She said she expressed concerns about getting to the office as the sidewalks were icy. She said the person told her because she was deaf she could make it in on her own.

"I said, 'If I'm deaf, how am I having this conversation with you?'" said Smith. She said the community services staff member apologized and agreed to come to her apartment.

'We're really confused'

Lahey said her client has done everything the department has asked.

"We don't really know what else Tanya can do," Lahey said. "She has satisfied any and all requests. She has been diligent. She has been honest.

"We're really confused and Tanya is quite frustrated as she feels she's not being listened to."

Lahey said the department is reviewing the land portion of her father's estate to see if she got money from it.

She said the department has access to her client's bank account and so could see she hasn't received inheritance money or money from the land. 

Smith urged people who are considering leaving an inheritance to someone on social assistance to speak with a lawyer about the possible ramifications.

"I just hope no other family goes through this," said Smith. "Families should be able to do their wills and not have regrets afterwards."