Advances and Setbacks By Robert B. Fleming, CELA In 1987 President Ronald Reagan proclaimed March “Developmental Disabilities Awareness Month.” The deinstitutionalization movement of the seventies and early eighties had laid the foundation for significant social change, and the presidential proclamation called upon Americans to provide the "encouragement and opportunities" necessary for people with developmental disabilities [...]
By Martha C. Brown, CELA Today, the expectations of individuals with special needs are radically different from those of previous generations. They plan to participate in community life to the fullest extent possible, based upon their individual capabilities. And this attitude is mirrored by many family members. A growing self-advocacy movement stresses the intention of [...]
By Ram Meyyappan, Social Security Disability Help Parents of children with special needs are well aware of how costly it can be to provide the best care for their loved one. Fortunately, disability benefits are available to provide financial assistance. Conditions that May Qualify Children can medically qualify for disability benefits from the Social Security [...]
By Michael Morris, Executive Director, National Disability Institute The Commission on Long-Term Care was charged by Congress with developing recommendations for the design and financing of a comprehensive, coordinated and high quality system of services and supports for individuals below and above the age of 65 to live full and healthy lives. Although on October [...]
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 [...]
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 [...]
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 [...]
"The child you take home is the same one you brought in." By Chris Kelsey, Board Member, Piedmont Down Syndrome Support Network Parents' first experience of their child's developmental evaluation by "the experts" can be pretty scary. They know their child well, and they know that he or she might not perform. They also may [...]
By Richard L. Sayre, Esq., Spokane, WA It's time to begin organizing your tax documents, an exercise that can be particularly confusing when a family member has special needs. Here are some suggestions to bear in mind. Exemptions and Deductions When a loved one has special needs, the cost of health care is usually a [...]
By Ronald S. Honberg, Director of Policy & Legal Affairs, National Alliance on Mental Illness In 1999, the U.S. Supreme Court issued a decision in which it found that the Americans with Disabilities Act (ADA) gives people with disabilities, including people living with serious mental illness, the right to receive services in the most integrated [...]
By Evan Krame When an individual with disabilities is anticipating a personal injury award, spreading guaranteed payments over time through a "structured settlement" is a popular option. The attractive features of annuitizing a recovery don't always work well, however, for people with special needs. The best reason to support structured settlements is to have payouts [...]
By Jeremy Hilton I am a Navy veteran and spouse to an active duty Air Force member. After our daughter, Kate, was born with a number of significant disabilities, I resigned my commission to be a stay-at-home dad. This year I was honored as Military Spouse of the Year for my advocacy on behalf of [...]
By John Chimarusti, Ph.D, LMSW During the 1960s and 1970s, there was a concept that was commonly referred to as "chronic sorrow" for parents who had children with special needs. Psychologists believed that most families went through seven stages of grieving: shock, confusion, anger/guilt, hope, depression, understanding and acceptance. It was thought that parents experienced [...]
By Pi-Yi G. Mayo, CELA It's been said that navigating the Social Security and Medicaid systems is a "sprint," while applying for Veterans Administration (VA) benefits is a "marathon." The relevant law is far more complex and the process is riddled with challenges. In 2009, the VA set itself the goal of the resolving all [...]
By Mohan Mehra, President, The Arc Board of Directors, Washington, D.C. The Arc recently completed a national study of over 5,000 parents, siblings and caregivers of people with intellectual and developmental disabilities (I/DD). The study, titled FINDS (Family and Individual Needs for Disability Supports), asked about their needs and access to a broad range of supports [...]
By Lois M. Zerrer It's an election year, and budget discussions at all levels of government are threatening decades of progress on behalf of individuals with disabilities. The stakes are high, and campaigning officials will be especially open to conversations with their constituents. If you've never before advocated with elected representatives, this is a good [...]
By Richard A. Courtney, CELA Accessible transportation is central to quality of life for individuals with disabilities. Unfortunately, it's just one more public service that has fallen victim to budget-cutting. I know that what I'm observing here in Jackson, Mississippi, is replicated throughout the U.S. Too few routes and wheelchair-accessible buses to support a growing [...]