By Nell Graham Sale, CELA During World War I, it was termed "shell shock." But while the psychological toll of war isn't new, veterans with post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI) continue to battle the common misperception that mental health and "war injury" are mutually exclusive. They face the same stereotypes foisted [...]
Representing SNA at the recent annual conference of the National Alliance of Medicare Set-Aside Professionals (NAMSAP), Kristen L. Behrens, of the Begley Law Group, and Shannon A. Laymon-Pecoraro, of the Hook Law Center, discussed how to integrate Medicare set-asides (MSAs) with first party special needs trusts (SNTs) created to hold personal injury settlements. An SNT [...]
HCBS--A Cost-Effective Method of Providing Care Home and community-based care is less expensive than nursing home care and has the potential to ease states' Medicaid burden. Read on. https://lawprofessors.typepad.com/elder_law/2014/05/hcbs-a-cost-effective-method-of-providing-care.html Does the Least Restrictive Environment (LRE) Work for Your Child? An inclusive environment isn't always the best educational solution for a student with special needs. Read [...]
By Mary O’Byrne, Esq., and Stephen W. Dale, Esq. In the first article of this three-part series, we examined the scope and causes of the crisis in housing for individuals with disabilities. Here, we describe government efforts to address it. The performance of government at all levels has been inconsistent with regard to the housing [...]
By Bridget O’Brien Swartz, CELA, Vice President & Senior Trust Officer, First International Bank & Trust Beneficiaries and their families generally have high expectations regarding special needs trusts (SNTs), which are designed to enhance quality of life for a loved one with disabilities without threatening eligibility for means-tested government programs. But SNTs are subject to [...]
SNA President Marielle F. Hazen, CELA recently spoke on the "Impact of the Affordable Care Act (ACA) on SNT and Settlement Planning" to an audience of 200 at the 2014 annual meeting of National Structured Settlements Trade Association. After providing a quick overview of the ACA, she focused on its potential effect on personal injury [...]
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 recent posts from member blogs: New Report Finds that Spouses Who Are Caregivers Are More Likely than Other Caregivers to Perform Demanding Medical/Nursing Tasks A study [...]
This issue of the Voice was written by Robert B. Fleming, CELA, a founding member of the Special Needs Alliance and a partner in the Tucson, Arizona, law firm of Fleming & Curti, PLC. Mr. Fleming represents family members who are guardians, conservators or trustees; he also frequently acts as trustee of special needs trusts. He travels and speaks extensively on taxation and trust administration issues. His website is at https://elder-law.com/.
By Cindy S. Alvear, Esq. and Julian E. Gray, CELA Most people are aware, to some extent, that the Veterans Administration (VA) offers benefits for service-related disabilities. Many don't realize, however, that for veterans with war-time service-even if stationed stateside-there may be coverage for certain non-service-related disabilities, as well. Here's an overview: Service Connected Disability [...]
The Special Needs Alliance and other prominent advocacy groups have long supported two pieces of legislation that would greatly benefit individuals with disabilities. Now we're asking you to help sign up additional co-sponsors in the U.S. Senate and House of Representatives. The Special Needs Trust Fairness Act (H.R. 2123/S.1672) This bipartisan legislation was introduced in [...]
By Leigh Ann Davis, M.S.S.W., M.P.A., Program Manager, Justice Initiatives The Arc, the nation's leading organization for people with intellectual and developmental disabilities (I/DD), has been awarded a two-year grant for $400,000 by the U.S. Department of Justice, Bureau of Justice Assistance (BJA) to develop a National Center on Criminal Justice and Disability, specifically focused [...]
Edward V. Wilcenski and Tara Anne Pleat, Estate Planning Magazine,
Kaitlin Ahern, NYMetroParents.com
SNA attorneys have daily involvement with a wide array of issues facing individuals with disabilities, their families and the professionals who serve them. Below is a sampling of recent posts from member blogs: High Expectations of PI Attorneys When Advising Clients During Settlement A recent client suit against personal injury attorneys illustrates the care with [...]
By Mary O’Byrne, Esq., and Stephen W. Dale, Esq. This is the first in a series of articles addressing scarce housing for people with disabilities. The shortage in housing for individuals with disabilities has reached crisis proportions, with some special needs attorneys citing it as their clients' number one issue. "Pricing Out in 2012," a [...]
By Michael J. Astrue, Former Commissioner, Social Security Administration I moved back to the Boston area last year after my six-year term as Commissioner ended. It has mostly been a joyous transition for me, but one small but recurring annoyance is that one of my radio stations keeps playing advertisements for a financial advisor who [...]
The Special Needs Alliance and The Arc collaborate on issues of mutual interest. The Arc promotes and protects the human rights of people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout their lifetimes. The Bureau of Justice Statistics (BJS) recently released a report on Crime Against [...]
By Sally L. Schoffstall, CELA During this mid-term election year, there are urgent issues at stake that directly affect the lives of people with disabilities. Budget battles at every level of government threaten Medicaid, SSDI, Medicare and other programs that are essential to their quality of life. Special education continues to face resource challenges. Yet [...]
By Martha C. Brown, CELA When a loved one of any age requires the round-the-clock care of a nursing home, it’s important to select one that fulfills both their medical and social needs. Each facility has its own culture, and since this will be your family member’s home, the environment should be a welcoming fit. [...]
By Franchelle C. Millender, CELA Working with a care manager can significantly lower family stress, providing reassurance that the right steps are being taken to ensure a loved one's quality of life. Care managers are often trained nurses, psychologists or social workers, and their familiarity with local services and supports can provide invaluable assistance to [...]