Loud & Clear: Family Conversations is written by our member attorneys and guests for individuals with disabilities and their families. We tackle the day-to-day and long-range issues that affect the quality of life. Readers are welcome to comment on the discussion, though we can not answer legal questions here. For answers to specific legal questions, please find an attorney in our Directory.
American Health Care Act Sparks Controversy
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 [...]
Recognizing and Preventing Abuse, Neglect and Exploitation of Individuals with Disabilities and Older Adults
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, [...]
Terminating a Special Needs Trust
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 [...]
Developmental Disabilities Awareness Month: A Time to Reflect
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 [...]
Proposed Changes to Public Benefits Create Confusion
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 [...]
A Place Of Her Own (Part II)
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 [...]
Retirement Funds and SNTs
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 [...]
A Place Of Her Own
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 [...]
New Rule Would Ban Required Arbitration in Nursing Home Disputes
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 [...]
Kids with Special Needs Learn about Air Travel
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 [...]
ABLE Implementation: Fall 2016 Update
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 [...]
Expanding ABLE: Three Bills to Improve the ABLE Program
By Taylor Woodard MPAff & MSSW, Program Associate, The Arc The Stephen Beck, Jr. Achieving a Better Life Experience (ABLE) Act authorizes tax-advantaged savings accounts for some people with disabilities [...]
When Should You Consider a Pooled Trust?
By Janet Lowder, CELA, and Elena Lidrbauch, CELA Directly receiving a personal injury settlement, inheritance or other sizable sum of money can derail the finances of someone with disabilities. That’s [...]
Government Programs for Children with Disabilities
By Mary Waltari, Esq. Are you aware of the federal government programs available to minors? Some cover all minors and some cover only minors with disabilities. They vary from cash [...]
Finding the Right In-Home Aide
By Paula Peaden, Esq. In-home services are often the key to keeping individuals with disabilities of all ages living in the mainstream community. But hiring and working with aides in [...]
How to Open an ABLE Account
By Stephen W. Dale, Esq. The first ABLE programs have been launched in Florida, Nebraska, Ohio and Tennessee, and three of them welcome applicants from other states. Since accounts can [...]
Coaches Can Help Job-Seekers with Disabilities
By Katherine N. Barr, Esq. Only 17.8 percent of U.S. working age individuals with disabilities have jobs. For adults who have autism, a developmental disability that has skyrocketed in prevalence, [...]
Building Lyn’s Future Plan: Through the Lockes’ Eyes
By Taylor Woodard, MPAff & MSSW, Program Associate, The Arc Janet Locke tossed her books down on the counter and got up her nerve. "Hey, Mom, there is something Lyn [...]
Adopting a Child with Special Needs
By Jennifer L. Lile, CELA There are up to 134,000 children with "special needs" awaiting permanent homes, according to the National Adoption Center, and the demand is growing. In the [...]
Consider Sole Benefit Trusts for Medicaid Spend Down
By Jane Skelton, Esq. Long-term care is expensive, and an older individual may consider Medicaid to pay for that care. If the individual has a family member or friend with [...]