By Kelly A. Thompson, Esq. While post-traumatic stress disorder (PTSD) occurs throughout the U.S. population, military veterans are particularly at risk. Some studies estimate that up to 30 percent of the vets who have served in Iraq and Afghanistan have been diagnosed with PTSD. The disorder, which is caused by experiencing or witnessing a terrifying [...]
This installment of The Voice was written by Special Needs Alliance member Kristen M. Lewis, Esq., who practices in Atlanta, Georgia at Smith, Gambrell & Russell, LLP. Kristen is also a Fellow of the American College of Trust and Estate Counsel. She is a frequent national speaker on Special Needs Planning, and serves on the Boards of numerous non-profits that support individuals with disabilities and their families. In her vast amounts of free time, she trains certified service dogs for Canine Assistants in Milton, Georgia.
Travel can be especially stressful for individuals with disabilities…or it can open doors. During October, members of the Special Needs Alliance participated in programs in Chicago, Houston and Phoenix that were designed to introduce those with special needs to the airport experience. The Houston and Phoenix events were part of a nationwide program, Wings for [...]
By Stephen W. Dale, Esq. Crowdfunding, with websites such as GoFundMe, has increasingly been used to raise money on behalf of individuals with disabilities. In such cases, family, friends and members of the general public want to help pay for medical treatments, home renovations or the many other expenses faced by someone with special needs [...]
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 by a single standard. Someone may be perfectly capable of managing some daily tasks but may need assistance with others. For example, a person may [...]
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 model, with parents expected to accept what’s on offer. My son, Maxwell, was diagnosed with autism at the age of three, and through grade nine, [...]
There are two types of Special Needs Trusts (SNTs), commonly designated as first-party and third-party SNTs. It is important to determine which type of SNT you have or need. This depends upon whose property is funding the SNT. If the property funding the SNT originates with the SNT beneficiary, then it is a first-party SNT. However, if the property funding the SNT always belonged to someone other than the SNT beneficiary, then it must be drafted as a third-party SNT.
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 to pay for food and shelter, contributions from others for such living expenses may reduce SSI or could disqualify the beneficiary completely. With planning, that [...]
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 you're ready to adopt a child with special needs, it's important to the child, yourself and your family to research the financial, educational, medical and [...]
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Gregory Wilcox of Berkeley, California. Greg’s firm focuses on government benefits and estate planning for the elderly and for individuals with disabilities. He is a Certified Elder Law Attorney (CELA) and co-author of Special Needs Trusts: Planning, Drafting, and Administration and of California Elder Law Resources, Benefits, and Planning. He is a core faculty member in attorney training conferences given by California Advocates for Nursing Home Reform (CANHR) in San Francisco, and frequent contributor of articles on special needs topics in CANHR's Legal Network News.
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 had service dogs for years, comments that beyond the many helpful tasks they perform and the unconditional love they provide, they open up opportunities for [...]
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 with the individual’s eligibility for means-tested government benefits, such as Supplemental Security Income (SSI) and Medicaid. Special needs trusts (SNTs) are well-established savings tools that [...]
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 rules allow for ownership of one vehicle without jeopardizing benefit eligibility. When an individual has adequate funds in a pooled special needs trust (PSNT), [...]
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 be very stressful if benefits are denied, decreased or terminated. But federal law guarantees the right to appeal if you think a mistake has been [...]
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) guarantees “free appropriate public education” to students with disabilities. The definition of “appropriate,” however, was at issue. The Supreme Court unanimously ruled that in order [...]
A Supplemental Security Income (SSI) recipient is eligible to receive a monthly cash benefit when the Social Security Administration (SSA) determines that, among other eligibility criteria, the recipient’s income and resources fall below certain limits. Generally, the SSA includes funds held in trust for the benefit of the recipient towards this resource limit; however, funds [...]
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 the U.S. House of Representatives on May 4, 2017, by a razor thin margin─217 in favor, 213 against. Not many stakeholders like the House’s plan [...]
ABLE Accounts Can Help People With Disabilities Save Tax-Free
SNA attorneys have ongoing involvement with the wide-ranging issues faced by individuals with disabilities, their families and the professionals who serve them. Below is a sampling of posts from member blogs and newsletters. The grandparents of my child with special needs left him an inheritance. What do we do? Without special needs planning, a well-intentioned inheritance can leave someone ineligible [...]
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, approximately 30 percent of individuals with disabilities who need assistance with daily care, maintaining health and safety, and accessing the community have experienced some form [...]