Loud & Clear

Obtaining Disability Benefits for a Child with Special Needs

By Ram Meyyappan, Social Security Disability Help Parents of children with special needs are well aware of how costly it can be to provide the best care for their loved one. Fortunately, disability benefits are available to provide financial assistance. Conditions that May Qualify Children can medically qualify for disability benefits from the Social Security [...]

2024-05-09T15:57:55-04:00

Unfinished Business

By Michael Morris, Executive Director, National Disability Institute The Commission on Long-Term Care was charged by Congress with developing recommendations for the design and financing of a comprehensive, coordinated and high quality system of services and supports for individuals below and above the age of 65 to live full and healthy lives. Although on October [...]

2024-05-09T15:57:38-04:00

The Do’s and Don’ts When Hiring an Employee with Special Needs

By Amy Goodman, Co-Director, Autism Now The topic of hiring an employee with special needs is important because employers need to know how to be more open- minded and sensitive to the needs of those who may be different. It is important for employers to be considerate of employees' needs in that they do not [...]

2024-05-09T15:56:40-04:00

Not Accepting “No”: Tips on Advocating Change

By James A. Caffry, Esq., Waterbury, Vermont Government transparency - or the lack of it - is much in the news, and it's a concept to bear in mind as you advocate on behalf of a loved one with special needs. All of us have been frustrated at one time or another by bureaucracies that [...]

2024-05-09T15:55:47-04:00

Keeping Seniors with Developmental Disabilities in the Community

By Pamela Merkle, Executive Director, Association on Aging with Developmental Disabilities Thanks to medical advances, people with developmental disabilities are living longer and that longevity is bringing some very difficult and unexpected challenges. Their parents, who have often been their primary caregivers, are passing away and, unlike other seniors, they generally have no adult children [...]

2024-05-09T15:54:39-04:00

Liability for Medicare Set-Asides Largely Undefined

By Robert B. Fleming, CELA, Tucson, Arizona Medicare set-aside agreements (MSAs) constitute an evolving area of law that should be considered by anyone settling a third party liability claim. The issue dates from passage of the Medicare Secondary Payor Act of 1986, which mandated that settlements in workers' compensation cases evaluate Medicare's potential role in [...]

2024-05-09T15:53:20-04:00

Graduating from Special Ed, Anticipating College

Brian L., 19, recently graduated from high school, having been in special education programs since kindergarten. He has a number of learning differences, including autism spectrum disorder. In August, he enters freshman year at Millersville University, in Lancaster County, Pennsylvania. Here, he talks about his public school experience and his eagerness to start college. Q: [...]

2024-05-09T15:52:21-04:00

Remember, Transitional Planning Works at the Other End of the Life Spectrum, Too!

By Catherine Goebel, MA, MS Ed., NCG-CGC, ILLP There is much discussion regarding transitional planning for younger individuals with special needs moving from high school to employment, day programming, or additional education. But remember, it is also essential to have discussions regarding retirement opportunities for individuals with special needs. Never before in history have we [...]

2024-05-09T15:50:44-04:00

Tax Considerations in Personal Injury Settlements

The Special Needs Alliance asked Jeremy Babener to summarize a presentation on tax issues in personal injury cases that he made at the Society of Settlement Planners Annual Meeting in Las Vegas on May 6. Babener is a tax attorney at Lane Powell PC and regularly advises on tax issues relating to lawsuits, structured settlements [...]

2024-05-09T15:49:43-04:00Tags: |

Caregiving in a Digital World

By Professor Naomi Cahn, Harold H. Greene Professor of Law, George Washington University Law School, & Rev. Amy Ziettlow, Affiliate Scholar with the Institute for American Values You've heard all of the advice about backing up your computer regularly, making sure that you have your passwords stored in a safe place, protecting yourself against digital [...]

2024-05-09T15:47:52-04:00

Making School Sports Accessible

By Scott Suzuki, Esq., Honolulu, Hawaii The U.S. Department of Education recently published guidelines clarifying the responsibility of public schools to make sports more accessible to students with disabilities. Although both the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA) have long mandated that public education include sports-related accommodations, many districts [...]

2024-05-09T15:46:49-04:00

How Will the Affordable Care Act Affect SNTs?

Shirley B. Whitenack, Esq., Florham Park, New Jersey Under the Affordable Care Act (ACA), a hybrid system comprised of Medicaid and state-based insurance exchanges seeks to extend health coverage to all Americans. How will this shape the life care plans that families establish for loved ones with disabilities? Will special needs trusts (SNTs) continue to [...]

2024-05-09T15:44:18-04:00

Thinking It Through

What to Consider When Creating a Special Needs Trust By Katherine N. Barr, Esq. Many parents put off the process of setting up a special needs trust (SNT) for a child with disabilities. They worry about complexity and cost and that they'll be faced with difficult decisions. They may finally be prompted to call an [...]

2024-05-09T15:43:38-04:00

Caregiver Burnout Hurts the Entire Family

By Heather Nadler, CELA, Tucker, GA Caregiver burnout is a destructive syndrome. Individuals become so involved with the ongoing needs of a loved one with disabilities that they neglect their own well-being. By placing unreasonable and unrelenting demands on themselves, they descend into a state of emotional and physical exhaustion. Their complete focus on the [...]

2024-05-09T15:42:45-04:00

After the Evaluation . . .

"The child you take home is the same one you brought in." By Chris Kelsey, Board Member, Piedmont Down Syndrome Support Network Parents' first experience of their child's developmental evaluation by "the experts" can be pretty scary. They know their child well, and they know that he or she might not perform. They also may [...]

2024-05-09T15:40:22-04:00

Tax Tips for Families with Special Needs

By Richard L. Sayre, Esq., Spokane, WA It's time to begin organizing your tax documents, an exercise that can be particularly confusing when a family member has special needs. Here are some suggestions to bear in mind. Exemptions and Deductions When a loved one has special needs, the cost of health care is usually a [...]

2024-05-09T15:38:53-04:00Tags: |

Caregiver Agreements Can Clarify Family Roles

By Leonard F. Berg, CELA Paying a relative for care of a frail parent or of an adult child or sibling with disabilities is an option that sometimes solves a variety of problems. "Caregiver agreements" can enable an individual with special needs to remain living within the community at the same time that it provides [...]

2024-05-09T15:37:43-04:00

The Olmstead Decision and Mental Health Systems Reform

By Ronald S. Honberg, Director of Policy & Legal Affairs, National Alliance on Mental Illness In 1999, the U.S. Supreme Court issued a decision in which it found that the Americans with Disabilities Act (ADA) gives people with disabilities, including people living with serious mental illness, the right to receive services in the most integrated [...]

2024-05-09T15:36:44-04:00

Transition Planning Can Shape a Life

By Andrew H. Hook, CELA Transition planning, the preparation of a young person with special needs for adulthood, should begin before the student turns 16. Many school divisions choose to begin this planning when the students enters high school, typically at the age of 14. To the extent possible, the student should work with parents, [...]

2024-05-09T15:35:09-04:00

Structured Settlements Don’t Always Make Sense

By Evan Krame When an individual with disabilities is anticipating a personal injury award, spreading guaranteed payments over time through a "structured settlement" is a popular option. The attractive features of annuitizing a recovery don't always work well, however, for people with special needs. The best reason to support structured settlements is to have payouts [...]

2024-05-09T15:33:42-04:00