Officers
Janet L. Lowder, President
Janet L. Lowder, a partner with the firm of Hickman & Lowder in Cleveland, Ohio, (www.hickman-lowder.com) has devoted her career to protecting the legal rights of individuals with disabilities.
After graduating from law school, she began working with a small firm made up of former Legal Aid attorneys. She and her partner, Franklin Hickman, were determined to create a nonprofit to assist people who were unable to pay for the professional management of special needs trusts for their loved ones. The Community Fund Management Foundation, established in 1993, was one of the first organizations of its kind in the nation. Janet was recognized with the 2000 Top Hat Award from the Cuyahoga County Board of Developmental Disabilities for the "thousands" of volunteer hours she has devoted to it.
She is also committed to the work of the Bioethics Committee of Hattie Larlham, a nonprofit serving children with profound developmental disabilities. "In that capacity, I have helped to make decisions for people who may not have family members to advocate for them. I am honored to be entrusted with that responsibility, and it has profoundly shaped my awareness of issues relating to quality of life for individuals with severe developmental disabilities.
"The type of law that I practice is incredibly rewarding. The families I work with are so resilient and accepting. It means a lot to me that when they call our law firm with a question, they know we’re going to find the answer for them."
Janet is a member of the National Academy of Elder Law Attorneys and is a Certified Elder Law Attorney (CELA) by the National Elder Law Foundation. She has been named one of Ohio’s Super Lawyers and has been listed in Best Lawyers in America since 2005. She was recognized as one of the Top 50 Women Lawyers in Ohio in 2005 and 2006.
Janet received her law degree, summa cum laude, from Cleveland Marshall College of Law.
Pi-Yi Mayo, President-Elect
Pi-Yi Mayo practices special needs and elder law in Baytown, Texas (www.pi-yimayo.com). "The work I do is about families," he stresses. "When I help a person with disabilities, I'm almost always affecting the lives of parents, grandparents, and siblings, too."
Pi-Yi explains that the ability to analyze the interaction of personal assets and a wide array of public benefit programs—and to understand the sometimes circuitous workings of government agencies—enables special needs attorneys to solve problems that may have long frustrated clients.
"I sometimes see parents who have already been to half a dozen attorneys. One woman drove two and half hours to see me and brought along two other lawyers and a financial planner. At the end of an hour, I was able to assure her that she wasn't going to lose her assets."
Pi-Yi also works with veterans. He describes a situation in which the widow of a Viet Nam era vet was having problems with her disability and pension claims. "Lots of people don't know what VA benefits they're eligible for," he explains. "I was able to do a lot more than sort out the problems she brought to me. She had a daughter with a disability, too, and I pointed out that the child had second-generation eligibility for her father's disability benefits. Then we created a special needs trust to protect those funds so that they wouldn't disqualify her for other government programs. Many VA attorneys would have been unaware of the special needs implications of the case."
A member of the National Academy of Elder Law Attorneys and certified as an Elder Law Attorney (CELA) by the National Elder Law Foundation, Pi-Yi is also accredited by the Department of Veterans Affairs. He earned a B.A., magna cum laude, from the University of Houston and a law degree from Bates College of Law at University of Houston.
Marielle F. Hazen, Vice President
Marielle F. Hazen, who practices special needs, estate planning and elder law in Harrisburg, Pennsylvania, (www.hazenelderlaw.com) first became involved with disability issues while working summers during college at an Easter Seal Society camp for children and adults with disabilities. "That's when I began learning about the challenges faced by families whose loved ones have special needs," she says. "I heard many stories from the campers and their families about the challenges they faced, and I started to understand the importance of advocacy."
Marielle built upon that experience during law school, where she studied under Lawrence A. Frolik, a nationally recognized authority on special needs and elder law. "During my last year of school, I participated in an elder law clinic that was the first of its kind in the nation. We represented alleged incapacitated individuals to safeguard their rights in guardianship proceedings. It was natural that my own practice would focus on the areas of special needs and elder law.
"I'm especially drawn to public policy and have made several trips to Washington, D.C., on behalf of the Special Needs Alliance and the National Academy of Elder Law Attorneys to advocate on issues impacting individuals with disabilities. It's important to me to give voice to the issues that I hear about every day from my clients."
She has also played an active role in advocacy at the state level, sometimes testifying at legislative hearings or committee meetings about issues affecting special needs trusts, eligibility criteria for public benefit programs, assisted living regulations, guardianships, and end-of-life decision-making.
Marielle is certified as an elder law attorney (CELA) by the National Elder Law Foundation and is the immediate past president of the Pennsylvania Association of Elder Law Attorneys. In 2010 she received the Excellence in Elder Law Award from the Pennsylvania Bar Association. She is a frequent lecturer for the Pennsylvania Bar Institute's continuing legal education seminars on special needs and elder law topics. She has been selected by her peers as a "Super Lawyer," one of the Top 50 Women Lawyers in Pennsylvania, and one of the "Best Lawyers in America."
Marielle earned a B.A. in economics from Indiana University of Pennsylvania, where she graduated magna cum laude, and a Juris Doctorate from the University of Pittsburgh School of Law.
Bradley J. Frigon, Treasurer
Bradley J. Frigon, who practices tax, special needs, trust and estates, and elder law in Denver, Colorado, (www.bjflaw.com) believes in the power of collaboration. "All members of the Special Needs Alliance are highly experienced in special needs law, and we regularly call upon each other for advice concerning unusual legal situations. If something groundbreaking is happening in California, we discuss it, and then I'm better prepared if I encounter that situation locally. That's really what the Special Needs Alliance is about: attorneys committed to sharing information in order to better serve families with special needs."
Brad stresses the complexity of providing for a loved one with special needs. "Unfortunately, good intentions aren't enough. Trust law, public benefits, and tax regulations entwine in the creation of a solid special needs trust. What's more, developing a single document—even a really good one—isn't enough to build security for a child with special needs. You need to consider guardianship, the selection and monitoring of the trustee(s), a letter of intent, and even more."
Brad was appointed by the governor to serve on the Colorado Advisory Council for People with Disabilities. In that capacity, he advises the governor's office on issues affecting individuals with special needs. He is also a board member for the Colorado Fund for People with Disabilities, a non-profit charitable organization that administers pooled trusts for people with disabilities. In addition, he is a Certified Elder Law Attorney (CELA) through the National Elder Law Foundation and an officer of the National Academy of Elder Law Attorneys.
Brad earned a master of law in taxation from the University of Denver; a Juris Doctor from Washburn University School of Law; and a bachelor of arts from the University of Kansas.
Richard A. Courtney, Secretary
Richard ("Rick") A. Courtney, founding partner of Frascogna Courtney, PLLC, Jackson, Mississippi, became active in the special needs community when one of his daughters was diagnosed with cerebral palsy over 30 years ago. As he explored the public benefits system on behalf of his family, it was natural that he expand his estate planning practice to include the special requirements of families whose loved ones have disabilities. Over the years, his activities have evolved to include seniors with disabilities and working with personal injury and family law attorneys to ensure that settlements do not interfere with clients' eligibility for government programs.
"I am especially concerned about the waiting lists in Mississippi for home - and community-based services for individuals with disabilities," he says. "There's an emphasis in this state on institutionalization and not enough housing and transportation alternatives. People with disabilities want to be part of the community and this is a serious obstacle to their independence."
Rick has served as past president and director of the Cerebral Palsy Foundation of Mississippi, Inc., helping families pay for equipment and therapeutic services; as president of the Advisory Board of Hospice Ministries Inc., which is the only in-patient facility of its kind in Mississippi; as director of the Heritage School for children with learning disabilities; and as a member of the Occupational Therapy Council of Advisors for the state's department of health.
At the Special Needs Alliance, Rick serves on the Membership Committee, which seeks qualified attorneys throughout the country who serve the disability community and who wish to become SNA members.
He is an alumnus of Mississippi College and the University of Mississippi School of Law, where he served as assistant dean and adjunct professor of law. He was the first attorney in the state to be designated a Certified Elder Law Attorney (CELA) by the National Elder Law Foundation and is a fellow of the American College of Trust and Estate Counsel (ACTEC). In 2009, Rick received the 15th annual Theresa Award from the New York-based Theresa Foundation for community service and professional advocacy on behalf of children and adults with special needs.
Neal Winston, Immediate Past President
Neal A. Winston, a partner with Moschella & Winston, LLP, (www.moschellawinston.com) in Somerville, Massachusetts, has always been an activist. He began by joining VISTA after college graduation and seeking out a position with Legal Aid. "I got in on the ground floor with SSI (Supplemental Security Income) in 1972, when the legislation was passed and the agency started preparing the public for the new program. Then I crossed paths with Frank Manning, a retired labor organizer, who had become an impassioned advocate for the elderly. By that time, I'd decided to go to law school at night. During the day, I worked for Frank, who had founded the Massachusetts Association of Older Americans and was having great success in organizing elders and petitioning politicians to create state and federal programs serving seniors. He was an inspiration to me, as was one of his close friends, Donald Thompson, a Universalist minister who had marched in Selma in support of desegregation.”
Today, Neal is involved at both the state and federal levels in legislative issues affecting individuals with disabilities. "Other members of the Special Needs Alliance and I seek to help policy makers understand the real life implications of complex benefit programs. Too often in our political system, the loudest voices don't belong to the neediest individuals. Politicians are charged with allocating limited resources, and the SNA seeks to ensure that individuals with disabilities get their seat at the table.
"What I like best, though, is working directly with families to solve the problems that threaten the financial security and quality of life of their loved ones with disabilities. There is no better way to spend one's career." Neal's law practice focuses on estate and disability planning and asset protection.
Neal is a nationally recognized authority on special needs trusts and needs-based public benefit programs. He has also been named a Super Lawyer since 2006. He is a member of the National Academy of Elder Law Attorneys (NAELA), past president of his state NAELA chapter, and has been certified as an elder law attorney (CELA) by the National Elder Law Foundation.
Neal is a graduate of Utica College of Syracuse University and received his Juris Doctor degree at Suffolk University Law School.
Board Members
Katherine N. Barr
Katherine N. Barr, a shareholder at Sirote & Permutt, P.C.'s, office in Birmingham, Alabama, dates her involvement with the special needs community from summers spent volunteering at a residential facility for individuals with developmental disabilities. As an estate planning attorney, the focus of much of her law practice involves planning for individuals with special needs to obtain and preserve government benefits eligibility.
Katherine spends much of her free time helping with advocacy matters for individuals with special needs and serving on the boards of directors of two local 501(c)(3) charities that serve this population.
She is very active on the board of VSA Alabama, a non-profit affiliated with the J.F. Kennedy Center for Performing Arts, which sponsors creative opportunities for individuals with disabilities. "The arts are so empowering," says Katherine. "I love seeing the art VSA clients create while working with local artists. I've filled my office and home with wonderful paintings from VSA art auctions."
Katherine also serves on the board of Triumph Services, a non-profit that provides services to individuals with special needs to help them live as independently as possible. In addition, she is on the advisory boards of Camp ASCCA, a nationally recognized year-round camp for children and adults with disabilities that is sponsored by Easter Seals, and the Alabama Family Trust, a pooled trust for persons with special needs.
A fellow of the American College of Trust and Estate Counsel, Katherine has been selected as an Alabama Super Lawyer for the past five years and has been listed in the Best Lawyers in America since 2008. She is past chair of the American Bar Association's (ABA) Committee on Long-Term Care, Medicaid and Special Needs Trusts and presently serves on the Governing Council of the ABA's Section of Real Property, Trust & Estates Law. Katherine received her J.D. cum laude from Cumberland School of Law at Samford University in Birmingham.
Martha C. Brown
Martha C. Brown, St. Louis, Missouri, has been practicing law for over 25 years. As a pioneer in the field of elder law, her interest in special needs evolved naturally.
Active with local social service organizations, Martha has contributed both legal expertise and fundraising acumen. Since she became a board member for the Association for Aging with Developmental Disabilities, the organization's annual budget has risen to one million dollars. As a board member for the local chapter of NAMI (National Alliance on Mental Illness), she obtained invitations to an internationally renowned singer's backstage parties for auctioning at the organization's annual gala.
She's also on the boards of the Mid-East Area Agency on Aging and the Long-Term Care Ombudsman Program for Eastern Missouri, where she advocates for nursing home residents. Her efforts to promote understanding of the rights and needs of seniors and persons with special needs were recognized in 2008 with NAELA's (National Academy of Elder Law Attorneys) Powley Award.
Martha is a Certified Elder Law Attorney (CELA) through the National Elder Law Foundation and a fellow of both ACTEC (American College of Trust and Estate Counsel) and NAELA. She has been named a Missouri and Kansas Super Lawyer annually since 2006. She earned her J.D. from the University of Missouri-Kansas City.
Stephen W. Dale
Stephen W. Dale, of the Dale Law Firm, Pacheco , California, spent the first 17 years of his career as a psychiatric nurse, following in the footsteps of his father and grandfather. Although the work was fulfilling, he also found the general living conditions and treatment of the patients appalling. Through this experience, he became a passionate advocate for individuals with disabilities.
After attending law school, Steve became involved with the Disability Rights Education and Defense Fund, which played a central role in passage of the Americans with Disabilities Act (ADA). It was during that time that he became familiar with special needs trusts (SNTs) and how they could be utilized to protect and advocate for citizens with disabilities and their families.
"The systems serving the special needs community are terribly complex," he says, "so I spend a lot of time on both professional and public education." One of his websites, www.AchievingIndependence.com, provides families with the tools they need to ensure that their loved ones "live as independently as possible, free from abuse and neglect."
"I look at SNTs as care plans," says Steve, "and I’m concerned that many well-meaning trustees are ill-equipped to make the decisions for which they’re responsible. I try to bring social service professionals together with trustees to ensure that their choices promote the best care possible."
In recognition of Steve’s outstanding contributions, he received the 2007 NAELA (National Academy of Elder Law Attorneys) Powley Award and the 2010 Theresa Foundation Award. He earned a J.D. from Armstrong Law School and an LL.M in taxation from Golden Gate University.
Barbara A. Isenhour
Barbara A. Isenhour, of Isenhour Bleck, Seattle, Washington, began handling government benefits cases 36 years ago, while working for Legal Services. Establishing a practice that focuses on special needs planning was a natural next step.
"I find working with families each day enormously rewarding," says Barbara. "The government benefit system is complex and always changing, yet it’s central to the well-being of most individuals with disabilities. I’ve devoted my career to helping people assemble the financial building blocks that are so important to their quality of life."
Recognized for her scholarship in public entitlements and special needs trusts, Barbara chairs SNA’s Publications Committee, which coordinates member-written articles on issues affecting individuals with special needs and their families. She also takes an active role in SNA’s public policy initiatives, especially those involving Social Security.
Active in her community, Barbara is on the boards of the National Alliance on Mental Illness (NAMI) and Full Life Care, a day health program for adults with disabilities.
She has repeatedly been cited by Seattle Magazine as one of the city’s top attorneys and has been named a "Super Lawyer" by Law and Politics Magazine. She earned her J.D. from the University of Washington Law School.
Bridget O’Brien Swartz
Immediate past SNA President Bridget O’Brien Swartz, of Jaburg Wilk, Phoenix, Arizona, began her career as a social worker. "I spent a year volunteering for Covenant House, which helps runaway and homeless children. Then I began working with kids who had mental health issues. But I became frustrated by the limits of the system and of my position as a case manager. That’s when I decided to go to law school."
Upon graduating, she clerked for an attorney who was advocating for changes to the mental health laws. It was then that she began learning about special needs trusts, and soon special needs law became her focus.
Bridget is co-chair of SNA’s Public Policy Committee, and in 2010, she represented the organization at the National Summit on Disability Policy, convened every 10 years by the National Council on Disability. "I’m concerned," she says, "about the national budget debate as it relates to Medicaid and how that will translate to the states and the population we serve, which is very vulnerable."
Bridget is Certified as an Elder Law Attorney (CELA) by the National Elder Law Foundation. She earned a J.D. and M.P.A. from Arizona State University and a B.A. from the University of Notre Dame.
Brian N. Rubin
Brian N. Rubin, of Brian Rubin and Associates, Buffalo Grove, Illinois, limits his practice to "special needs future planning." He cites the 1981 birth of son Mitchell, who has autism, as a personal fork in the road. "Mitchell has enabled my family to better appreciate what’s truly important in life, and because of him, I spend each day assisting other families with special needs. For me, it’s a mission.
"I tell them that our work isn’t about documents, it’s about relationships. Because the entire family is affected when someone has special needs. I help them navigate the system, write letters of intent, adjust when their child moves out of the family home."
Brian is a tireless volunteer. He is president of The Arc of Illinois and a board member of Clearbrook, an agency that serves over 3,500 individuals with disabilities. He speaks proudly of his work with community-based residences and of kids who grow up knowing that people with disabilities make great neighbors.
A village trustee for 13 years, he was instrumental in developing an enhanced 911 service for people with special needs. He works with the state’s Quality Care Board to ensure prompt, thorough investigations of neglect and abuse allegations. And as co-chairman of the Illinois legislature’s Autism Taskforce, he focuses on the need for early intervention.
At the Special Needs Alliance, he chairs the Affiliations Committee, which partners with other national organizations that serve individuals with disabilities.
Brian received a J.D. from Chicago-Kent College of Law, Illinois Institute of Technology, and a B.S. in accounting from the University of Illinois at Urbana-Champaign.
Scott Suzuki
Prior to attending law school, Scott Suzuki was a gerontologist at the Scripps Gerontology Center and the Council on Aging of Southwestern Ohio during the Clinton Administration. At the close of the administration, he attended the University of Hawaii, where he graduated in the top tier of his class with a J.D. and concurrently completed a Master of Public Health degree in gerontology.
"Special needs law was a logical extension," he explains. "I realized that many of the issues facing seniors were familiar to me from a time when a close relative had been seriously injured in a car accident—the worries, the confusion about resources. I recognized that special needs law offered a great opportunity to provide services having the potential to change lives."
Scott has been a Special Olympics coach for the past 11 years, devoting four hours each week to coaching individuals of all ages in basketball, track and field, and softball. "My youngest athlete is about seven, while the oldest is in his late forties. Three years ago, we won a gold for basketball at the state level—that had to be one of my proudest moments. When we began, our team didn’t know how to dribble. But each year they improved until they were the best in Hawaii."
Scott is a founding member of Aloha Independent Living Hawaii; former vice president of Family Voices, which facilitates community-based, family-centered care for children with special needs; and a longtime volunteer with the University of Hawaii Elder Law Program.
Jefferey M. Yussman
Jefferey M. Yussman, with the firm of Wyatt, Tarrant & Combs, LLP, in Louisville, Kentucky, gravitated to special needs law while investigating the resources available to his two children with disabilities.
"Sorting through the options was overwhelming," he remembers. "There’s no good clearinghouse that families can go to in order to get all the information they need."
Nearly three decades of volunteer work for the local chapter of United Way, with its 97 member agencies, have since given him a good basis for advising clients about services to consider.
"I talk to my clients about so much more than legal issues. Because they know I understand what they’re facing, we talk about education, the transition to adulthood, living arrangements—all the issues so central to families dealing with special needs."
He notes that, since the recession, there’s been tremendous pressure on government programs that have been instrumental in providing quality of life for individuals with disabilities. "We need to be advocates for those unable to speak for themselves," he says.
Jeff is on the board of Wellspring, which provides crisis stabilization, rehabilitation, and housing to persons with mental illness. He is also a board member with the Community Foundation of Louisville, which advises individuals on charitable gifting and planning.
He is a fellow of the American College of Trust and Estate Counsel (ACTEC) and has been recognized in both Kentucky Super Lawyers® and Best Lawyers in America®. He received a J.D. from the University of Louisville’s Brandeis School of Law and a B.S. in accounting from the University of Kentucky.
Click here to read about Jeff Yussman in Louisville Business First.