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 [...]
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 [...]
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 [...]
By Heather Nadler, CELA, Tucker, GA Caregiver burnout is a destructive syndrome. Individuals become so involved with the ongoing needs of a loved one with disabilities that they neglect their own well-being. By placing unreasonable and unrelenting demands on themselves, they descend into a state of emotional and physical exhaustion. Their complete focus on the [...]
"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 Leonard F. Berg, CELA Paying a relative for care of a frail parent or of an adult child or sibling with disabilities is an option that sometimes solves a variety of problems. "Caregiver agreements" can enable an individual with special needs to remain living within the community at the same time that it provides [...]
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 Andrew H. Hook, CELA Transition planning, the preparation of a young person with special needs for adulthood, should begin before the student turns 16. Many school divisions choose to begin this planning when the students enters high school, typically at the age of 14. To the extent possible, the student should work with parents, [...]
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 Leonard F. Berg, CELA Alzheimer's is a disease that affects the entire family in major ways, but given that its onset is often gradual, there are opportunities to make adjustments that may reduce the turmoil. The early stages, before severe dementia intervenes, are a time to understand your loved one's wishes and to begin [...]
By Karen Kirks Alexander, AIA, President, KKA Architecture, PA As families and their attorneys plan for the special needs of their loved ones, critical health care is always rightfully at the top of the list of concerns. However, the family and a team of professionals, including attorney, financial planner, life coach and specialized architect, should [...]
By Jo-Anne Herina Jeffreys, Esq. It's well documented that individuals with disabilities are far more likely to suffer abuse and violence than the rest of the population. They're often isolated, poor, and dependent upon others for living assistance, making them particularly vulnerable. Trusted caregivers, in fact, are frequently the perpetrators. In addition to sexual and [...]
By Robert F. Brogan, CELA At one time, it was common for neurologists to wait until a child was about five to broach the topic of developmental delays with parents. Since children learn fastest during their early years, that meant that valuable time was lost, during which therapy might have reduced or reversed physical and [...]
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 Lili A. Vasileff There are few challenges more difficult than going through divorce and having a child with special needs. As a divorced, single parent of a beautiful daughter with special needs, I can tell you that you realize immediately that the burden of future planning, well-being and protection fall squarely on your shoulders [...]