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.
Changing Attitudes Towards Guardianship
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 [...]
Special Ed Needs Flexibility
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 [...]
Avoiding SSI Reductions When An Adult With Disabilities Lives With Family
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 [...]
In Case You Missed This: Adopting A Child With Special Needs
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 [...]
Where Can Service Animals Go?
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 [...]
ABLE Accounts and SNTs: How to Choose?
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 [...]
Buying A Vehicle With Funds From A Pooled Special Needs Trust
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 [...]
Appealing Medicaid And SSI Decisions: Know Your Rights
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 [...]
Supreme Court Special Ed Decision Leaves Questions Unanswered
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) [...]
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 [...]