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Understanding VA Disability Benefits

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 [...]

2024-12-10T11:03:58-05:00

Call to Action! Ask Federal Legislators to Co-Sponsor Bills Benefiting People with Disabilities

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 [...]

2022-05-19T09:43:18-04:00

The Arc Launches New Center for Criminal Justice and Disability

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 [...]

2024-12-10T11:05:29-05:00

Blog Roundup: PI Settlements/College Supports/Eldercare/Employment/SNTs & SSI

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 [...]

2022-11-28T08:05:41-05:00

Tough Choices: People with Disabilities Face Housing Crisis

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 [...]

2024-12-10T11:07:05-05:00

Working With the Social Security Administration: Some Thoughts for the Perplexed

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 [...]

2024-12-10T11:08:49-05:00

The Arc Reacts to Startling New Bureau of Justice Statistics on Crimes against People with Cognitive and Other Disabilities

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 [...]

2024-12-10T11:11:47-05:00

Getting Out the Vote: Improving Access for Voters with Disabilities

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 [...]

2024-12-10T11:14:01-05:00

Choosing the Right Nursing Home

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. [...]

2024-12-10T11:15:45-05:00

Care Managers Can Reduce Family Pressures

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 [...]

2024-12-10T11:17:21-05:00

Transferring Guardianship Between States

By Scott Suzuki, Esq. With the increasing mobility of American families, the need to transfer guardianships between states is on the upswing. A new job (or military assignment), supports that better meet the ward's needs, or even a more favorable climate are among the many motivations. Moving is one of the most stressful things that [...]

2024-12-10T11:18:52-05:00

Do Not Hospitalize Directives Often Confuse

By Elizabeth L. Gray, Esq. A recent article by Judith Graham, "The New Old Age, A Misunderstood Directive," (New York Times, 20 November, 2013) got me thinking about "Do Not Hospitalize" (DNH) orders. As attorneys, we routinely put such orders in our advance directives without a detailed explanation to our clients. What is a "Do [...]

2024-05-13T15:52:07-04:00

Young Artist with Autism Finds Critical Acclaim

His art has been exhibited throughout the U.S., in Kiev, Galapagos, Curacao and the Cayman Islands. He can compose music on a computer, without the benefit of sound. He's won medals for ballroom dancing. Yet a skills evaluation, conducted, when Seth Chwast - who has profound autism - was 18, indicated that he could look [...]

2024-05-13T15:51:43-04:00

End-of-Year Tax Considerations

By H. Amos Goodall, Jr., CELA Caring for a loved one with special needs can run into millions of dollars over the course of their lifetime, so the last thing families need is to pay unnecessary taxes. I'd estimate that before beginning to work with a special needs attorney, 30 percent of my clients had [...]

2024-05-13T15:49:40-04:00Tags: |

The Affordable Care Act and Its Impact on Individuals with Special Needs

This issue of the Voice was written by SNA member Shirley B. Whitenack, Esq. of Schenck, Price, Smith & King, LLP and an associate at her firm, Crystal West Edwards. Shirley's practice focuses on elder and special needs law and estate and trust litigation, planning and administration. She is a Fellow and the Vice President of the National Academy of Elder Law Attorneys (NAELA) and is a member of its Council of Advanced Practitioners (CAP). Crystal's practice focuses on elder and special needs law. She is a member of the Elder and Disability Law Section of the New Jersey Bar Association, NAELA, and Secretary of the New Jersey Chapter of NAELA and the Garden State Bar Association.

2024-05-06T14:37:24-04:00

Guardianship and Mental Illness

By Martha C. Brown, CELA When someone is living with severe mental illness, the process of obtaining guardianship can be particularly complex. Symptoms may be intermittent, leading individuals to resist legally imposed assistance and making it difficult for a court to establish whether or not they are competent to care for themselves. The goal, of [...]

2024-03-12T10:22:20-04:00