By Scott Suzuki, Esq. Laws have to apply to everyone and this rigid standard can cause problems when dealing with the issue of "legal capacity," because capacity can’t be measured by a single standard. Someone may be perfectly capable of managing some daily tasks but may need assistance with others. For example, a person may [...]
By Krista S. Peyton, Esq., Guest Blogger Families find it difficult to navigate the special ed system. In my experience, there’s a tendency for school districts to push a one-size-fits-all model, with parents expected to accept what’s on offer. My son, Maxwell, was diagnosed with autism at the age of three, and through grade nine, [...]
By Neal A. Winston, CELA When individuals with disabilities live with family members, it can complicate their eligibility for Supplemental Security Income (SSI). Since SSI’s monthly cash payments are meant to pay for food and shelter, contributions from others for such living expenses may reduce SSI or could disqualify the beneficiary completely. With planning, that [...]
In case you missed this: Adopting a Child with Special Needs By Mary L. Waltari, Esq. There's a growing need by children with disabilities for permanent, loving homes. If you think you're ready to adopt a child with special needs, it's important to the child, yourself and your family to research the financial, educational, medical and [...]
By Richard A. Courtney, CELA In addition to performing helpful tasks, service dogs offer unconditional love and opportunities for social interaction. Service animals can change lives. My daughter, Melanie, who’s had service dogs for years, comments that beyond the many helpful tasks they perform and the unconditional love they provide, they open up opportunities for [...]
The “ABLE” account is a relatively new planning tool that offers an individual with disabilities a tax-free savings option (similar to a 529 College Savings Plan) that does not interfere with the individual’s eligibility for means-tested government benefits, such as Supplemental Security Income (SSI) and Medicaid. Special needs trusts (SNTs) are well-established savings tools that [...]
By Joanne Marcus, MSW, Executive Director, Commonwealth Community Trust Buying a vehicle is a big financial decision involving research and patience. For individuals receiving Medicaid and SSI (Supplemental Security Income), the rules allow for ownership of one vehicle without jeopardizing benefit eligibility. When an individual has adequate funds in a pooled special needs trust (PSNT), using the [...]
By Ann N. Butenhof, CELA & Judith L. Bomster, Esq. Medicaid and SSI (Supplemental Security Income) are often essential to quality of life for individuals with disabilities. So it can be very stressful if benefits are denied, decreased or terminated. But federal law guarantees the right to appeal if you think a mistake has been [...]
By Cora A. Alsante, Esq. A recent decision by the United States Supreme Court regarding Individualized Education Plans (IEPs) has been widely praised. The Individuals with Disabilities Education Act (IDEA) guarantees “free appropriate public education” to students with disabilities. The definition of “appropriate,” however, was at issue. The Supreme Court unanimously ruled that in order [...]
By Mary Alice Jackson, Esq. The American Health Care Act (ACHA), which has the objective of repealing and replacing major parts of the Affordable Care Act (ACA or Obamacare), passed the U.S. House of Representatives on May 4, 2017, by a razor thin margin─217 in favor, 213 against. Not many stakeholders like the House’s plan [...]
By Roxanne J. Chang, Esq. Individuals who have disabilities or who are older are at higher risk of abuse, neglect and exploitation. According to the National Center on Elder Abuse, approximately 30 percent of individuals with disabilities who need assistance with daily care, maintaining health and safety, and accessing the community have experienced some form [...]
By Charlene K. Quade, Esq. Individuals establish special needs trusts (SNTs) to protect assets intended to supplement means-tested government benefits for a sole beneficiary, and to preserve the individual’s eligibility for such programs. SNTs exist in the form of first party, first party pooled, third party, and third party pooled trusts. First party and first [...]
By Elisa Dillard Rainey, CELA Since 1987, when President Ronald Reagan declared March to be “Developmental Disabilities Awareness Month,” this has been a time to celebrate progress and recognize the remaining challenges facing those with special needs. One of the biggest victories has been the increased involvement of individuals with disabilities in mainstream life. I [...]
By Robert F. Brogan, CELA Public benefit programs are likely to see significant modifications. Legislators are already proposing major changes to the Affordable Care Act (ACA), Medicaid, Social Security, Medicare and other programs of enormous importance to individuals with disabilities. Legislative action is likely to impact the following: Repeal or revision of ACA Block grants [...]
The 2014 CMS Home and Community-Based Settings Rule By James McCarten, Esq. This is the second in a series of three articles exploring the challenges, options and effects of new regulations on community-based living for individuals with disabilities. The author is both a special needs attorney and father to Kathryn, who has autism. The first [...]
Watch Out for the Details By Andrew H. Hook, CELA Retirement accounts are often among a family’s largest assets, so you may have thought about leaving a portion to your son or daughter with disabilities. But if they will ever need means-tested benefits, your good intentions could disqualify them for important programs such as Medicaid [...]
By James McCarten, Esq. First and foremost, I am Diane's husband and Kathryn's father. After that, I am an attorney and a "tax nerd," which is the title bestowed on me with much love, affection and humor by my daughter, Kathryn. Kathryn is almost 24 and has autism. Her mother and I want as independent [...]
By Shirley B. Whitenack, Esq. New regulations from the Centers for Medicare and Medicaid Services (CMS), scheduled to become effective November 28, 2016, prohibit federally funded nursing homes from requiring applicants to agree to binding arbitration in the event of future disputes. The regulations, however, are currently on hold due to an injunction entered by [...]
By Mary Alice Jackson, Esq. (From left) Joyce Fossmeyer, Kristina Ferguson and Mary Alice Jackson at the airport. It was a Saturday afternoon in early September when my staff and I arrived at the Austin-Bergstrom International Airport to participate in "Wings for All," an opportunity for children with autism and other developmental disabilities to practice [...]
By Taylor Woodard MPAff & MSSW, Program Associate, The Arc There have been numerous developments in ABLE programs since the enactment of the Stephen Beck, Jr. Achieving a Better Life Experience (ABLE) Act in 2014. With this piece of legislation, lawmakers made it possible for some individuals with disabilities with onset prior to age 26 [...]