By Morris Klein, CELA In December, amidst much euphoria, Congress passed and President Obama signed into law the ABLE Act of 2014 (Achieving a Better Life Experience). ABLE empowers states to create programs enabling individuals with certain disabilities to establish tax-free savings accounts modeled after the popular 529 college savings plans that, if used for [...]
By Carol S. Battaglia, Esq. Medicaid and SSI (Supplemental Security Income) often provide the bedrock of economic security for individuals with disabilities. But these needs-based programs require that recipients have no more than $2,000 in "countable resources-$3,000 for a married couple - meaning that receiving an inheritance, personal injury settlement or other lump sum can [...]
By Annie Acosta, Director of Fiscal and Family Support Policy, The Arc The midterm elections are over and many wonder how they will impact the disability community in the 114th Congress. And with all of the 24/7 news coverage, it can be hard to know what really matters for people with intellectual and developmental disabilities [...]
Savings Accounts to Fund Care for Individuals with Disabilities With overwhelming support, Congress has passed the ABLE Act of 2014 (Achieving a Better Life Experience), providing a new opportunity for qualified individuals with special needs and disabilities to have tax-free savings accounts that will support their health and independence while preserving their means-tested government benefits. [...]
A little-publicized provision in the recently passed bipartisan National Defense Authorization Act (NDAA) will help military veterans safeguard quality of life for children with disabilities after a parent’s death. Military retirees with a Survivor Benefit Plan pension may now assign such funds to a first party special needs trust (SNT) established on behalf of the [...]
By Robin L. Shaffert, Senior Executive Officer, and Liz Mahar, Program Manager, Individual and Family Support, The Arc The Center for Future Planning is pleased to announce the launch of its website https://futureplanning.thearc.org/. The website is the Center's first step in supporting and encouraging families and adults with intellectual and developmental disabilities (I/DD) to plan [...]
By Barbara Isenhour, Esq. Navigating the acronym-ridden maze of government benefits is tough and misconceptions abound. Families may be unaware of the full range of options available to individuals with I/DD, or they may be confused about eligibility, assuming that they have too much income to consider means-based programs. Most individuals with I/DD can benefit [...]
By Cindy Schaeffer, M.S., R.N., A.P.N., Travel Care & Logistics Inc. As a flight RN, I have assisted hundreds of seniors with air travel over the past 12 years, and I have come to recognize that many misconceptions prevail. While you can no longer "book a ticket and run," it's quite possible-with adequate planning-to arrange [...]
By Marty Ford, Senior Executive Officer, Public Policy, The Arc Aging parents of adults with intellectual and developmental disabilities (I/DD) often worry about what the future will hold for their sons and daughters, and many families need support and guidance to plan for the future. Recognizing this growing need, The Arc decided to take action. [...]
When a Child Has Special Needs By Mary Schmitt T. Smith, Esq. As a special needs attorney and a Mom of two adult sons with disabilities, I bring an added dimension of experiencing reality "in the trenches" to my work with clients. Yes, I know how it feels to receive a diagnosis you never anticipated [...]
By Joanne Marcus, MSW, Executive Director, Commonwealth Community Trust The first months, or even years, after receiving the diagnosis are filled with unexpected questions and challenges when you have a loved one with special needs. “Here-and-now” needs like healthcare, therapy, education and other immediate needs can quickly take priority over future planning, which is understandable. [...]
In summer 2013, Brian L., who has learning differences, was interviewed about his recent graduation from high school and eagerly anticipated college experience. Here, he and his mom describe the last 12 months of his educational journey. Q: What was your first semester of college like? Brian: I loved the social aspect. The atmosphere was [...]
By Rebecca L. Berg, CELA Social Security Disability Insurance (SSDI) is a federal program offering monthly cash payments and eventual Medicare coverage to individuals with long-term disabilities that prevent them from holding down a job. While it's a vital lifeline to many, it's often misunderstood. The Census Bureau reports that roughly one in 10 Americans [...]
By Michael C. Walther, President, Oak Wealth Advisors Serving as a trustee requires administrative and technical skills in addition to strong interpersonal communication skills. Identifying the appropriate trustee is difficult in general; a Special Needs Trust (SNT) presents additional challenges. While most families will name a relative to serve as the trustee of their family’s [...]
By Barbara Hughes, Esq., and Edward V. Wilcenski, Esq. Studies indicate that divorce rates increase with the onset of a disability. While any divorce is likely to be disruptive, when one or both partners have special needs, there are additional complications. Marital laws differ by state, but here are issues to consider. Question of Capacity [...]
SNA attorneys have ongoing involvement with a wide array of issues faced by individuals with disabilities, their families, and the professionals who serve them. Below is a sampling of recent posts from member blogs. Service Dogs: What to Do if Your Service Dog is Denied Public Access Businesses are required under the Americans with Disabilities [...]
By Mary O’Byrne, Esq., and Stephen W. Dale, Esq. Previous installments of this three-part series have examined the scope and causes of the housing crisis faced by people with disabilities, as well as government programs designed to address it. This final article explores models being used by nonprofits, families and private industry-often with the help [...]
On Paper, Filial Support Laws Hold Adult Children Accountable By Jason Frank, CELA, CAP, Fellow of NAELA It's no secret that long-term care is in crisis. Today, many nursing home bills are paid by Medicaid, but with the aging of baby boomers and increased longevity, that program will face increasing pressure. As states seek budget-balancing [...]
By Douglas Shaw, COO, Medivest and Tom Matson, National Account Manager, Medivest An injury settlement of any variety can present a host of complex issues that the settling parties must take into account. One such issue centers around a dually eligible claimant, who is either currently receiving, or is eligible to receive, both Medicare and Medicaid [...]
By Nell Graham Sale, CELA During World War I, it was termed "shell shock." But while the psychological toll of war isn't new, veterans with post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI) continue to battle the common misperception that mental health and "war injury" are mutually exclusive. They face the same stereotypes foisted [...]