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A Delicate Balance – How Working Affects Public Benefits

By Jefferey Yussman, Esq. Employment is an important road to independence and self-esteem. But some individuals with disabilities worry that accepting a job offer will disqualify them for means-tested benefits, such as SSI (Supplemental Security Income) and SSDI (Social Security Disability Income). Since such programs may be the bedrock of their financial security, what happens [...]

2025-12-30T16:20:18-05:00

Representative Payee for Social Security Benefits

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Martha C. Brown, CELA, a Special Needs Alliance member in St. Louis, Missouri. Martha Martha Brownlimits 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 for the last six years. Through her numerous community presentations and continuing legal education presentations, Martha helps attorneys and the public understand and address legal issues concerning the elderly and people with disabilities. Currently Martha is participating in the statewide task force to rewrite the guardianship code in Missouri.

2024-12-12T10:51:01-05:00

Distributions from Special Needs Trusts: In Kind Distributions, Credit Cards, Gift Cards, or Debit Cards

You are the trustee of a special needs trust. Your beneficiary (Beth) lives in public housing, receives SSI (Supplemental Security Income) and MA (Medical Assistance), and has just asked you for a $200 gift card to Target so that she can buy headphones, clothes, toiletries, and some food. Remember, a special needs trust (SNT) is [...]

2024-12-12T10:53:01-05:00Tags: |

Roundup: Special Needs Trusts/Vets with Disabilities/Medicare

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. Mother's Gifts to Children Create Dispute over Special Needs Daughter When planning for the longtime financial security of a child with disabilities, it's best [...]

2021-07-20T16:06:55-04:00

Glut1 Deficiency Syndrome: A Little-Understood Disability

By Emma Hemness, CELA Before representing the Special Needs Alliance (SNA) at the Glut1 Deficiency Syndrome Foundation's annual conference in Orlando, I knew very little about the disease being discussed. Unfortunately, my lack of awareness wasn't unusual. According to the National Institutes of Health, since first identified in 1991, only a few hundred cases of [...]

2024-12-10T09:17:27-05:00

Ignoring Medicare Set-Asides Puts Coverage at Risk

By Pi-Yi G. Mayo, CELA & Bryn Poland, Esq. When a personal injury suit is being settled, one often overlooked step is the creation of a "Medicare Set-Aside (MSA)," money earmarked for future injury-related costs that would otherwise be covered by Medicare. The confusion arises because CMS (The Centers for Medicare and Medicaid Services) has [...]

2024-12-10T09:25:27-05:00

Telephone Scams Preying on Vulnerable Adults

This installment of the Voice was written by H. Amos Goodall, Jr., CELA of the State College, Pennsylvania law firm Goodall & Yurchak, P.C. His practice emphasizes estate planning and implementation for elders, persons with special needs and their families. A member of the Special Needs Alliance and the National Academy of Elder Law Attorneys, Amos is also a Fellow of the American College of Trusts and Estates Counsel. Amos wrote this article in consultation with Officer Kelly Aston of the State College Bureau of Police Services, State College, Pennsylvania.

2024-12-12T10:54:33-05:00

Back-to-School Tips for Children with Special Needs

By Tara Anne Pleat, Esq. As a new school year approaches, nerves often take center stage for many families who have children with special needs. Parents and children alike worry about teachers, the other children, homework, lunchtime and much, much more. Get Ahead of the Curve Before classes begin make arrangements to take your child [...]

2024-12-10T09:27:16-05:00

Siblings Don’t Always Make the Best Trustees

By Robert B. Fleming, CELA As the parent of a child with disabilities, you may already know that you have to establish a trust to handle any inheritance you leave for your son or daughter. But do you know the most important question? Selecting your trustee is at least as critical as getting the trust [...]

2024-12-10T09:29:43-05:00Tags: |

Roundup: Supported Decision-Making/Bullying/Pre-Dementia Planning

SNA attorneys have ongoing involvement with a wide array of 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. Supported Decision-Making: A Model Alternative to Guardianship? Supported decision-making is an approach to enabling individuals with intellectual and developmental disabilities to control the [...]

2021-07-20T16:07:02-04:00

Justice Department Upholds Rights of Seniors with Disabilities

It was in 2011 that individuals living at Harbor's Edge, a continuing care retirement community (CCRC) in Norfolk, asked a Special Needs Alliance member attorney to file a discrimination suit on their behalf. The facility was in violation of the Americans with Disabilities Act and Fair Housing Act, having barred residents of its assisted living [...]

2024-12-10T09:31:35-05:00

Justice Department Upholds Rights of Seniors with Disabilities

It was in 2011 that individuals living at Harbor's Edge, a continuing care retirement community (CCRC) in Norfolk, asked a Special Needs Alliance member attorney to file a discrimination suit on their behalf. The facility was in violation of the Americans with Disabilities Act and Fair Housing Act, having barred residents of its assisted living [...]

2022-05-18T11:31:15-04:00

Americans with Disabilities Act Turns 25

By Emily A. Donaldson, CELA This year marks the 25th anniversary of the Americans with Disabilities Act (ADA), landmark legislation likened in scope to the Civil Rights Act of 1964. With its passage in July 1990, discrimination based on disabilities was banned in employment, public accommodations, telecommunications and government programs. Sponsored by recently retired Senator [...]

2024-12-10T09:33:26-05:00

Having Your Say: What if Advance Directives Are Ignored?

By Professor Kim Dayton Making medical and financial choices for an aging parent or other adult with special needs can be stressful. Health care directives and financial powers of attorney are meant to establish an agent's decision-making authority, but in practice, it doesn't always work that way. Time and again, health care professionals ignore medical [...]

2025-06-03T05:01:12-04:00