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Dear Grandma and Grandpa…

The Voice is the e-mail newsletter of the Special Needs Alliance. This installment was written by Special Needs Alliance member Edward V. Wilcenski, Esq., a founding partner of the law firm of Wilcenski & Pleat PLLC in Clifton Park, New York. He practices in the areas of Special Needs Planning, Elder Law, and Trust and Estate Planning and Administration. Ed is a past President of the Special Needs Alliance, and writes and lectures frequently on issues affecting individuals with disabilities and their families

Long-time readers of The Voice know that we rarely repeat an issue. In the world of disability there are many important topics to choose from, so the challenge has really been in deciding which topics are of most interest to our readers rather than finding something interesting in the first place. Because the Voice has many new readers each year, we know that many of our current readers may have missed this article when it first appeared in November of 2010. With this in mind, we've decided to reprint this article written by Edward V. Wilcenski, hoping that it may catch newer readers before they make their final decisions on how to make holiday gifts to their family members and friends with disabilities.

2021-07-21T15:37:49-04:00

Is There a Place for a Family Member with Special Needs in The Family Business?

Jefferey Yussman, Esq. is a member of the Estate Planning Group of Wyatt Tarrant & Combs, LLP, in Louisville, Kentucky, where he chairs the firm's special needs planning practice. His practice is concentrated in the areas of estate planning and administration, business succession planning and charitable planning, but the birth of his two special needs children 20 years ago led him into the sub-specialty of planning for individuals with special needs. In addition to the Special Needs Alliance (where he is a member of the board), Mr Yussman is a Fellow of the American College of Trust and Estate Counsel, and is listed in America's Best Lawyers, Estate Planning (Kentucky estate planner of the year in 2010) and Elder Law, as well as Kentucky Super Lawyers. Mr. Yussman is the current board chairman of Wellspring, a Kentucky organization providing crisis stabilization and housing supports for mentally ill adults, and is a current executive board member of The Community Foundation of Louisville.

2024-02-29T09:25:24-05:00

Work History Requirements for Social Security Disability Insurance

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Gregory Wilcox, of the Law Office of Gregory Wilcox in Berkeley, California. His firm focuses on government benefits and estate planning for the elderly and for individuals with disabilities. Greg is a Certified Elder Law Attorney (CELA); co-author of Special Needs Trusts: Planning, Drafting, and Administration and California Elder Law Resources, Benefits, and Planning; and a board member of California Advocates for Nursing Home Reform (CANHR) in San Francisco. Other articles he has written can be found on the CANHR website.

2021-01-08T12:56:50-05:00

How Work Can Affect Title II Disability Benefits Part II: Ticket to Work and Extension of Medicare and Medicaid Benefits

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Barbara Isenhour, Esq., of the firm of Isenhour Bleck, PLLC in Seattle, Washington. The firm focuses on government benefits for individuals with disabilities and estate planning for families with special needs children. A board member of NAMI Eastside in Redmond, Washington, and Full Life Care in Seattle, Barbara frequently lectures around the state of Washington on issues involving special needs trusts and government benefits for the elderly and disabled.

2024-03-12T11:16:25-04:00

Can you Work While on a Disability

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Barbara Isenhour, Esq., of the firm of Isenhour Bleck, PLLC in Seattle, Washington. The firm focuses on government benefits for individuals with disabilities and estate planning for families with special needs children. A board member of NAMI Eastside in Redmond, Washington, and Full Life Care in Seattle, Barbara frequently lectures around the state of Washington on issues involving special needs trusts and government benefits for the elderly and disabled.

2024-03-12T11:20:16-04:00

Special Needs Information on the Internet: Proceed with Caution

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment’s author is Edward V. Wilcenski, Esq., a founding partner of the law firm of Wilcenski & Pleat PLLC in Clifton Park, New York. He practices in the areas of special needs planning, elder law and trust and estate planning and administration. A member and past president of the Special Needs Alliance, Ed writes and lectures frequently on issues affecting individuals with disabilities and their families.

2022-11-25T10:22:24-05:00

Utilizing the Spend Down Option to Maintain SSI and/or Medicaid Eligibility

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Carol S. Battaglia, Esq. of San Diego, California. She is one of the authors of Special Needs Trusts: Planning, Drafting and Administration, published by the State Bar of California. Carol also serves as counsel to the Special Needs Trust Foundation of San Diego, a charitable pooled special needs trust. Her practice is limited to the creation of estate plans using special needs trusts and assisting trial lawyers in implementing special needs trusts and other strategies to receive an injured party's settlement funds while maintaining eligibility for government assistance.

2022-06-28T10:25:55-04:00

Better Advocacy Through Acronyms

The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member James A. Caffry, Esq., a sole practitioner in Waterbury, Vermont. Jim's practice is concentrated in special needs planning and advocacy. One of Jim's three children, his eleven year old son, has autism and other special needs. Jim is a current member of the Vermont Developmental Disabilities Council, and a past member of the Vermont Autism Task Force and the Vermont Act 135 Autism Planning Committee. You can learn more about Jim, his firm and his practice at www.caffrylaw.com.

2021-01-08T12:52:04-05:00

The Mission Project

The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Craig C. Reaves, CELA of Reaves Law Firm, PC. in Kansas City, Missouri. Holding the CELA (Certified Elder Law Attorney) designation from the National Elder Law Foundation, he is a Past President and Fellow of the National Academy of Elder Law Attorneys, a Fellow of the American College of Trust & Estate Counsel (ACTEC), and has been selected for inclusion on the Kansas and Missouri Super Lawyers list for every year since 2005. Mr. Reaves is an adjunct professor of elder law at the law schools of the University of Kansas and the University of Missouri-Kansas City. He practices law in Kansas and Missouri with major emphasis in the areas of estate planning, elder law, special needs trusts and planning for persons who have a disability.

2021-01-08T12:51:33-05:00

Planning for Adult Children with Disabilities

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Bryn Poland, Esq. and Pi-Yi G. Mayo, CELA, of the Law Office of Pi-Yi Mayo, in Baytown, Texas (mayopoland.com). Their practice focuses on elder law and special needs planning, including special needs trusts, Medicare set-asides, and Qualified Settlement Funds. Both are members of the National Academy of Elder Law Attorneys and the Texas chapter (TX NAELA). Pi-Yi is a Certified Elder Law Attorney, Special Needs Alliance Executive Committee member, and currently serves on the Board of the TX NAELA chapter. Bryn graduated from Washburn University School of Law in 2007 and currently serves as Co-Chair of the Elder Law Committee of the Houston Bar Association. Together they have authored many papers covering topics from long term care insurance to Pickle people (https://mayopoland.com/resources/).

Buying a House for a Special Needs Beneficiary: Proceed with Care!

The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Martha C. Brown, CELA, at the St. Louis, Missouri law firm of Martha C. Brown & Associates, LLC. She limits her practice to elder law and special needs law. A Fellow of the National Academy of Elder Law Attorneys and a Certified Elder Law Attorney, Martha has been designated a Super Lawyer in Kansas City Magazine for the last five years. Through her continuing legal education presentations and community presentations, Martha helps attorneys and the public understand and address legal issues concerning the elderly and people with disabilities.

2024-02-29T09:23:35-05:00Tags: |

Avoid This Common Banking Error

The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Robert Mason, a partner in the Savannah elder law firm of MasonCerbone and the North Carolina firm of Mason Law, PC. Bob is certified as an elder law attorney by the National Elder Law Foundation, is past Chairman of the Elder Law Section of the North Carolina Bar, and secretary of the Elder Law Section of the Georgia State Bar. You can e-mail Bob at [email protected], or visit his website at www.masonlawpc.com.

2021-01-08T12:50:51-05:00

Decisions Arising with the Death of a Child

The Voice® is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Leonard F. Berg, CELA. A graduate of the Washington University School of Law in St. Louis, Missouri, Leonard is a solo practitioner in East Alton, Madison County, Illinois. Leonard's prior experience includes service as a public defender, prosecutor, and municipal attorney and he has participated in mental health commitment hearings representing both patients and the state. His practice currently focuses on estate planning, special needs planning and elder law. Leonard has been designated as an Illinois Leading Lawyer. He is involved in a variety of civic organizations and has been a speaker for numerous civic groups.

2023-08-14T11:09:50-04:00Tags: |

The Pre-Existing Condition Insurance Plans (PCIP) Under 2010’s Health Care Reform Law

The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Sarasota, Florida attorney Mary Alice Jackson, Esq., a member of the Special Needs Alliance and active participant on its Public Policy Committee. She is a partner at Boyer & Jackson, P.A., where her practice includes special needs and long term care planning, estate planning, probate and end-of-life issues. Mary Alice is also an active member of the National Academy of Elder Law Attorneys, a past Chair of the Florida Bar Elder Law Section, and an adjunct professor in the Stetson University College of Law Elder LL.M. program.

2021-01-08T12:50:34-05:00

The Pitfalls of Caregiver Employment: Paying, Withholding, and Reporting Requirements

The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Peter J. Losavio, Jr., CELA, an attorney with Losavio & DeJean, LLC in Baton Rouge, Louisiana. Holding both a law degree and LLM in tax, Pete is certified as an elder law attorney by the National Elder Law Foundation and as a Tax Specialist and Estate Planning and Administration Specialist by the Louisiana Board. Pete is a charter member of the Life Care Planning Law Firms Association and a member of the Society of Louisiana CPAs. He limits his practice to asset protection, life care planning and estate and tax planning.

2024-04-16T12:05:20-04:00Tags: |

The Impact of Special Needs Trusts on Eligibility for Subsidized Housing

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Massachusetts Special Needs Alliance member Emily S. Starr, CELA, an attorney with Starr Vander Linden LLC with offices in Worcester & Fitchburg, Massachusetts. Her practice focuses on estate planning, elder law, and government benefits issues for families which include individuals with special needs. Emily is a Fellow of the National Academy of Elder Law Attorneys, the 2007 recipient of The Theresa Award, a national honor recognizing extraordinary contributions of attorneys to the community of individuals with disabilities, and a recipient of the 2008 Scholar Mentor Award from Massachusetts Continuing Legal Education, Inc.

2023-08-14T10:53:29-04:00Tags: |

The Other Special Need: Planning for Those with Severe Mental Illness

The Voice is the e-mail newsletter of the Special Needs Alliance. This installment was written by Special Needs Alliance member Shawn Majette, Esq. of Richmond, Virginia. Mr. Majette was recently named to Virginia Lawyers Media 2010 class of Leaders in the Law. This program, now in its fifth year, aims to honor the lawyers who are setting the standard for other lawyers. Mr. Majette has been recognized by Best Lawyers in America in Elder Law since 2007. He is also an active member of NAELA and was recently the focus of the organization's magazine cover story, The Magician of Elder Law. Mr. Majette's many articles can be found on the t-mlaw.com website. Involuntary Civil Commitment is one of the most recent posted online.

2022-11-25T10:25:18-05:00Tags: |

Comparing Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance members Ann N. Butenhof, CELA and Judith L. Bomster, Esq., of Butenhof & Bomster, PC, in Manchester, New Hampshire (www.butenhofbomster.com). Ann and Judith focus their practices on estate planning, special needs planning, elder law and probate and trust administration. Both are members of the National Academy of Elder Law Attorneys and the local New Hampshire chapter ("NH NAELA").

Ann is a Certified Elder Law Attorney, a Fellow of the American College of Trust & Estate Counsel, has been listed as one of New Hampshire's Top Lawyers since 2003, and has been designated one of New England's Super Lawyers.

Judith currently serves on the Board of NH NAELA, on the Ethics Committee of the New Hampshire Bar Association, and was the primary draftsperson for New Hampshire's first pooled special needs trust program for third-party trusts, a program launched in 2010 by the Enhanced Lives Options Group, a New Hampshire non-profit organization that manages several pooled special needs trust programs.

2023-12-30T01:36:02-05:00

Special Benefits for Military Families — Elect With Care

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Sandra L. Smith, CELA, a partner with Oast & Hook, P.C. in Suffolk and Virginia Beach, Virginia. She is the editor of the firm's weekly newsletter, the "Oast & Hook News," which is available on the firm's website. She is certified as an elder law attorney by the National Elder Law Foundation. Ms. Smith is the co-author of the "Special Needs Trusts" chapter for the Elder Law in Virginia handbook published by Virginia CLE. She is a member of the Board of Directors and the immediate past president of Commonwealth Community Trust, a pooled trust in Richmond, Virginia. She retired from the United States Air Force as a Lieutenant Colonel with over 20 years active duty service, and earned her Juris Doctorate degree from the College of William and Mary School of Law.

2022-11-25T10:21:32-05:00