By Charlene K. Quade, Esq. Individuals establish special needs trusts (SNTs) to protect assets intended to supplement means-tested government benefits for a sole beneficiary, and to preserve the individual’s eligibility for such programs. SNTs exist in the form of first party, first party pooled, third party, and third party pooled trusts. First party and first [...]
By Elisa Dillard Rainey, CELA Since 1987, when President Ronald Reagan declared March to be “Developmental Disabilities Awareness Month,” this has been a time to celebrate progress and recognize the remaining challenges facing those with special needs. One of the biggest victories has been the increased involvement of individuals with disabilities in mainstream life. I [...]
By Robert F. Brogan, CELA Public benefit programs are likely to see significant modifications. Legislators are already proposing major changes to the Affordable Care Act (ACA), Medicaid, Social Security, Medicare and other programs of enormous importance to individuals with disabilities. Legislative action is likely to impact the following: Repeal or revision of ACA Block grants [...]
The 2014 CMS Home and Community-Based Settings Rule By James McCarten, Esq. This is the second in a series of three articles exploring the challenges, options and effects of new regulations on community-based living for individuals with disabilities. The author is both a special needs attorney and father to Kathryn, who has autism. The first [...]
Watch Out for the Details By Andrew H. Hook, CELA Retirement accounts are often among a family’s largest assets, so you may have thought about leaving a portion to your son or daughter with disabilities. But if they will ever need means-tested benefits, your good intentions could disqualify them for important programs such as Medicaid [...]
By James McCarten, Esq. First and foremost, I am Diane's husband and Kathryn's father. After that, I am an attorney and a "tax nerd," which is the title bestowed on me with much love, affection and humor by my daughter, Kathryn. Kathryn is almost 24 and has autism. Her mother and I want as independent [...]
By Shirley B. Whitenack, Esq. New regulations from the Centers for Medicare and Medicaid Services (CMS), scheduled to become effective November 28, 2016, prohibit federally funded nursing homes from requiring applicants to agree to binding arbitration in the event of future disputes. The regulations, however, are currently on hold due to an injunction entered by [...]
By Mary Alice Jackson, Esq. (From left) Joyce Fossmeyer, Kristina Ferguson and Mary Alice Jackson at the airport. It was a Saturday afternoon in early September when my staff and I arrived at the Austin-Bergstrom International Airport to participate in "Wings for All," an opportunity for children with autism and other developmental disabilities to practice [...]
By Taylor Woodard MPAff & MSSW, Program Associate, The Arc There have been numerous developments in ABLE programs since the enactment of the Stephen Beck, Jr. Achieving a Better Life Experience (ABLE) Act in 2014. With this piece of legislation, lawmakers made it possible for some individuals with disabilities with onset prior to age 26 [...]
By Taylor Woodard MPAff & MSSW, Program Associate, The Arc The Stephen Beck, Jr. Achieving a Better Life Experience (ABLE) Act authorizes tax-advantaged savings accounts for some people with disabilities and their families. Modeled after the existing qualified tuition (529) accounts, these accounts allow for more individual choice and control over spending, while protecting eligibility [...]
By Janet Lowder, CELA, and Elena Lidrbauch, CELA Directly receiving a personal injury settlement, inheritance or other sizable sum of money can derail the finances of someone with disabilities. That's because having more than $2,000 in resources makes them ineligible for means-tested government programs such as Medicaid and SSI (Supplemental Security Income), which may be [...]
By Mary Waltari, Esq. Are you aware of the federal government programs available to minors? Some cover all minors and some cover only minors with disabilities. They vary from cash payments to healthcare coverage to a range of other supports. Cash Payments Supplemental Security Income (SSI) Children with qualifying disabilities whose families meet SSI's low [...]
By Paula Peaden, Esq. In-home services are often the key to keeping individuals with disabilities of all ages living in the mainstream community. But hiring and working with aides in the family home can be an emotion-fraught experience. Here are some tips. Think Through Needs Carefully consider exactly what services your loved one requires. These [...]
By Stephen W. Dale, Esq. The first ABLE programs have been launched in Florida, Nebraska, Ohio and Tennessee, and three of them welcome applicants from other states. Since accounts can be rolled over from one state to another, families throughout the U.S. may want to begin exploring their options now. ABLE accounts, which grow tax-free, [...]
By Katherine N. Barr, Esq. Only 17.8 percent of U.S. working age individuals with disabilities have jobs. For adults who have autism, a developmental disability that has skyrocketed in prevalence, the unemployment rate is 80% (The Economist, April 2016). On average, those with jobs only worked part-time and faced large pay gaps compared to the [...]
By Taylor Woodard, MPAff & MSSW, Program Associate, The Arc Janet Locke tossed her books down on the counter and got up her nerve. "Hey, Mom, there is something Lyn and I want to discuss with you and Dad. You two have done so much for Lyn all these years, making sure she had every [...]
By Jennifer L. Lile, CELA There are up to 134,000 children with "special needs" awaiting permanent homes, according to the National Adoption Center, and the demand is growing. In the context of foster care and child welfare, "special needs" refers not only to a child who has disabilities, but to children whose risk factors for [...]
By Jane Skelton, Esq. Long-term care is expensive, and an older individual may consider Medicaid to pay for that care. If the individual has a family member or friend with a disability, a sole benefit trust could be considered. If drafted correctly, transfers of the individual’s assets to a sole benefit trust would hasten Medicaid [...]
By Christopher W. Smith, Esq. When a special needs trust (SNT) is being set up, families are typically most concerned about government benefit programs like Medicaid and Social Security. But how might an SNT impact an individual's ability to receive federal financial aid for college? The answer is surprisingly gray. Let's first state the obvious. [...]
Discrimination Against Parents with Disabilities By Robert L. McClelland, CELA The National Center on Parents with Disabilities estimates that at least 4.1 million Americans with children under 18 (6.2 percent) have disabilities of their own. Every day, in countless ways, those moms and dads battle deep-rooted stereotypes as they take on that toughest of jobs [...]