By James A. Caffry, Esq., Waterbury, Vermont Government transparency - or the lack of it - is much in the news, and it's a concept to bear in mind as you advocate on behalf of a loved one with special needs. All of us have been frustrated at one time or another by bureaucracies that [...]
Morningstar.com
By Pamela Merkle, Executive Director, Association on Aging with Developmental Disabilities Thanks to medical advances, people with developmental disabilities are living longer and that longevity is bringing some very difficult and unexpected challenges. Their parents, who have often been their primary caregivers, are passing away and, unlike other seniors, they generally have no adult children [...]
By Robert B. Fleming, CELA, Tucson, Arizona Medicare set-aside agreements (MSAs) constitute an evolving area of law that should be considered by anyone settling a third party liability claim. The issue dates from passage of the Medicare Secondary Payor Act of 1986, which mandated that settlements in workers' compensation cases evaluate Medicare's potential role in [...]
Brian L., 19, recently graduated from high school, having been in special education programs since kindergarten. He has a number of learning differences, including autism spectrum disorder. In August, he enters freshman year at Millersville University, in Lancaster County, Pennsylvania. Here, he talks about his public school experience and his eagerness to start college. Q: [...]
Will Congress Correct this Inequity? By Kelly A. Thompson, Esq., Virginia Poor word choice can derail intent. Nearly a decade ago, legislation governing the military's Survivor Benefit Plan stipulated that payments be made to a "person." A literal reading of that language has meant that veterans who have children with special needs can't assign those [...]
Katia Savchu, The Village Voice News
Sonya Stinson, Bankrate.com
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Amy C. O`Hara, CELA and her co-author, Sheryl Frishman. Amy and Sheryl are attorneys with the New York law firm Littman Krooks LLP, specializing in special needs planning, trust administration, guardianships, elder law, and estate planning and administration. Amy is an active participant of the Special Needs Alliance publications committee and is a member of the New York State Bar Association. Sheryl's practice is devoted entirely to the advocacy and life planning needs of children and adults with disabilities and their families. She is immediate past President of the Board of Directors of Westchester Arc. Sheryl also serves on the Board of Governors and Legal Committee of NYSARC Inc.
By Catherine Goebel, MA, MS Ed., NCG-CGC, ILLP There is much discussion regarding transitional planning for younger individuals with special needs moving from high school to employment, day programming, or additional education. But remember, it is also essential to have discussions regarding retirement opportunities for individuals with special needs. Never before in history have we [...]
Martha White, Financial Planning
By Mary Andrus, Asst. Vice President, Govt. Relations, Easter Seals Office of Public Affairs As Yogi Berra once put it, "It's déjà vu all over again." On May 16, 2013, the House of Representatives voted for the 37th time to repeal or defund at least part of the Affordable Care Act. Though nothing in Washington [...]
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Hyman Darling, Esq., a partner in the Springfield, Massachusetts, firm of Bacon Wilson, P.C. Mr. Darling concentrates his practice in estate planning, elder law, probate, special needs and guardianships/conservatorships. Before joining Bacon Wilson, he was a trust officer for several years. A frequent speaker for civic and charitable organizations, he serves on the American Cancer Society National Professional Advisory Committee and the boards of several western Massachusetts nonprofit organizations for persons with disabilities. He serves on the board of directors and has served as Secretary of the National Academy of Elder Law Attorneys (NAELA).
The Special Needs Alliance asked Jeremy Babener to summarize a presentation on tax issues in personal injury cases that he made at the Society of Settlement Planners Annual Meeting in Las Vegas on May 6. Babener is a tax attorney at Lane Powell PC and regularly advises on tax issues relating to lawsuits, structured settlements [...]
Centre Daily Times
By Professor Naomi Cahn, Harold H. Greene Professor of Law, George Washington University Law School, & Rev. Amy Ziettlow, Affiliate Scholar with the Institute for American Values You've heard all of the advice about backing up your computer regularly, making sure that you have your passwords stored in a safe place, protecting yourself against digital [...]
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Laurie Hanson, Esq., a shareholder in the Minneapolis, Minnesota, elder law firm of Long, Reher & Hanson, P.A. with the help of her law clerk, Christine Jensen. The firm's focus is to provide positive strategies for individuals who are aging or living with disabilities to help them live as independently as possible for as long as possible. Laurie concentrates her practice exclusively in the areas of government benefit eligibility, special needs trusts, trust and public benefit litigation, estate planning, and planning for incapacity. She is the past president of the Elder Law Section of the Minnesota State Bar Association and is repeatedly named a super lawyer in the field of elder law by her peers.
By Scott Suzuki, Esq., Honolulu, Hawaii The U.S. Department of Education recently published guidelines clarifying the responsibility of public schools to make sports more accessible to students with disabilities. Although both the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA) have long mandated that public education include sports-related accommodations, many districts [...]
Shirley B. Whitenack, Esq., Florham Park, New Jersey Under the Affordable Care Act (ACA), a hybrid system comprised of Medicaid and state-based insurance exchanges seeks to extend health coverage to all Americans. How will this shape the life care plans that families establish for loved ones with disabilities? Will special needs trusts (SNTs) continue to [...]
What to Consider When Creating a Special Needs Trust By Katherine N. Barr, Esq. Many parents put off the process of setting up a special needs trust (SNT) for a child with disabilities. They worry about complexity and cost and that they'll be faced with difficult decisions. They may finally be prompted to call an [...]