By Linda M. Gorczynski, Esq. For many families, negotiating for their child’s special ed services is highly stressful. So much depends on a young student’s getting the tools to prepare for adulthood. By law, every child with disabilities is entitled to a “free and appropriate” public education (FAPE), but coming to agreement on exactly what [...]
SNA attorneys have ongoing involvement with the wide-ranging issues faced by individuals with disabilities, their families and the professionals who serve them. Below is a sampling of posts from member blogs and newsletters. Family Case Study Planning for the long-term needs of a loved one with disabilities is a big job. Check out this case study about [...]
By Robert F. Brogan, CELA It was in late 2013 that the Bipartisan Policy Center (BPC), led by former Senators Tom Daschle (D) and Bill Frist (R), began studying the financing and delivery of long-term care. It took only a few months for them to assess the problem's scope. Long-term care is costly in the [...]
By The Arc "Vote as if your life depends on it," Justin Dart, Jr., the disability rights pioneer often known as the father of the Americans with Disabilities Act, implored us, "Because it does." Our core values call us to focus on voting during Developmental Disabilities Awareness Month in this critical election year. The Arc's [...]
By James McCarten, Esq. With all the daily responsibilities that parents juggle when one of their children has a disability (and, therefore, special needs), it's tough to find time to plan for the future. But that's what it takes when a loved one has a disability that may affect his/her ability to be self-supporting. It [...]
By Mary Waltari, Esq. The summer camp experience can benefit a child with special needs and parents alike, but they're likely to feel anxious ahead of time. For kids, it's fear of the unfamiliar. For parents, it's worries about having someone who doesn't really know their child suddenly take charge. But if properly researched, spending [...]
By Tara Anne Pleat, Esq. In many states, the Medicaid program can generally be seen as having a strong institutional bias when it comes to coverage of long-term care, forcing many families to place loved ones in skilled care facilities or similar institutional settings, despite longstanding efforts to serve individuals with disabilities in mainstream settings. [...]
Shirley B. Whitenack, Esq. The Affordable Care Act (ACA) was passed nearly six years ago and its insurance exchanges are over two years old. How have individuals with disabilities fared under the new system, which is meant to make health coverage universally available? Improvements are undeniable, but gaps remain. While there are more options, making [...]
By Jason Frank, CELA and Jenna L. Snyder Both the Americans with Disabilities Act (ADA) and the Supreme Court's related Olmstead decision support an individual's right to receive long-term care in the least restrictive manner possible. Yet when families ask if Medicaid can help them pay for home and community-based services (HCBS), the answer is [...]
By B. Bailey Liipfert, III, CELA Acting as trustee for a special needs trust (SNT) is a demanding responsibility, and one person or bank trust department may not possess all the knowledge and skills needed for the job. Families sometimes create a trust advisory committee to guide professional trustees who don't know the beneficiary well, [...]
By Michael A. Kirtland, CELA When a young person reaches the age of 18 (19 or 21 in certain states), they are legally considered an adult. For many it's an exciting threshold, full of promise. Still, they may face medical, financial and educational decisions which could benefit from the advice and assistance of others. Unless [...]
By Jo-Anne Herina Jeffreys, Esq. Holiday crowds, twinkling lights and unfamiliar scents can confuse and even frighten a child with disabilities. The season’s disruptions can be particularly painful for those who don’t handle change well. But with a little planning, you can contain the stress. Prepare Your Child Preparing your child in advance by revisiting [...]
By Shawn Majette, Esq. Over the last 30 years, I have participated in more than 10,000 involuntary civil commitment hearings. Each involved someone alleged to have been so seriously mentally ill or substance-addicted that he or she could not safely remain in the community. Each involved lawyers, handcuffs and forensic examiners. This note explains how [...]
By John Ariale, Esq., Guest Blogger One year ago, the chances for passage of the Achieving a Better Life Experience (ABLE) Act seemed bleak. However, for those of us advocating for its passage, our lame duck strategy worked, and the ABLE Act was signed into law on December 19, 2014. The intent behind ABLE was [...]
By Jefferey Yussman, Esq. Employment is an important road to independence and self-esteem. But some individuals with disabilities worry that accepting a job offer will disqualify them for means-tested benefits, such as SSI (Supplemental Security Income) and SSDI (Social Security Disability Income). Since such programs may be the bedrock of their financial security, what happens [...]
By Emma Hemness, CELA Before representing the Special Needs Alliance (SNA) at the Glut1 Deficiency Syndrome Foundation's annual conference in Orlando, I knew very little about the disease being discussed. Unfortunately, my lack of awareness wasn't unusual. According to the National Institutes of Health, since first identified in 1991, only a few hundred cases of [...]
By Robin Shaffert, Senior Executive Officer, Individual & Family Support, The Arc You may have heard about supported decision-making and wonder what it is and how it applies to your practice. Supported decision-making is an effort to promote the rights of people with disabilities to make their own decisions by developing the skills and support [...]
By Pi-Yi G. Mayo, CELA & Bryn Poland, Esq. When a personal injury suit is being settled, one often overlooked step is the creation of a "Medicare Set-Aside (MSA)," money earmarked for future injury-related costs that would otherwise be covered by Medicare. The confusion arises because CMS (The Centers for Medicare and Medicaid Services) has [...]
By Tara Anne Pleat, Esq. As a new school year approaches, nerves often take center stage for many families who have children with special needs. Parents and children alike worry about teachers, the other children, homework, lunchtime and much, much more. Get Ahead of the Curve Before classes begin make arrangements to take your child [...]
By Robert B. Fleming, CELA As the parent of a child with disabilities, you may already know that you have to establish a trust to handle any inheritance you leave for your son or daughter. But do you know the most important question? Selecting your trustee is at least as critical as getting the trust [...]