It was in 2011 that individuals living at Harbor's Edge, a continuing care retirement community (CCRC) in Norfolk, asked a Special Needs Alliance member attorney to file a discrimination suit on their behalf. The facility was in violation of the Americans with Disabilities Act and Fair Housing Act, having barred residents of its assisted living [...]
By Emily A. Donaldson, CELA This year marks the 25th anniversary of the Americans with Disabilities Act (ADA), landmark legislation likened in scope to the Civil Rights Act of 1964. With its passage in July 1990, discrimination based on disabilities was banned in employment, public accommodations, telecommunications and government programs. Sponsored by recently retired Senator [...]
By Professor Kim Dayton Making medical and financial choices for an aging parent or other adult with special needs can be stressful. Health care directives and financial powers of attorney are meant to establish an agent's decision-making authority, but in practice, it doesn't always work that way. Time and again, health care professionals ignore medical [...]
Who doesn't love summer vacation? But when a child has special needs, all that free time brings challenges. Youngsters who thrive on routine can find schedule changes disorienting. Some may become socially isolated without classes to attend. And, of course, if their life skills and academic work aren't being consistently reinforced, months of hard-won progress [...]
By Robert B. Fleming, CELA & Dennis S. Voorhees, CELA Technology is reshaping home and workplace--and law offices are no exception. Software, cloud computing and mobile devices have introduced convenience and efficiencies that benefit families with special needs. Assistive Technology Technical advances are making it easier to communicate directly with clients who are nonverbal. One [...]
By Ron M. Landsman, Esq. Special needs trusts (SNTs) enable funds to be saved on behalf of an individual with disabilities without affecting their eligibility for means-tested programs such as SSI (Supplemental Security Income) and Medicaid. Since income generated within trusts is often subject to high tax rates, it’s sometimes assumed that the same is [...]
By Margaret Graham, Esq. March is Developmental Disabilities Awareness Month. Owing to parent advocacy and landmark legislation, communities have become significantly more responsive to the needs of people such as my daughter, Emily, who has cerebral palsy and autism. But challenges remain, and families continue to band together throughout the U.S. to help one another, [...]
By Neal A. Winston, CELA According to the Social Security Administration (SSA), over seven million individuals currently require assistance with their monthly SSI (Supplemental Security Income) or Social Security Retirement, Survivors and Dependents Insurance (RSDI) benefits. For that reason, SSA has the Representative Payee Program, through which it authorizes family members, friends, government agencies, and [...]
Special Needs Planning for Moving to a New State By Wendy H. Sheinberg, CELA No one enjoys moving; it's hard work and involves lots of detail (not to mention all of those boxes). Managing the transition for someone with special needs can be difficult; it's wise to begin planning as soon as you begin seriously [...]
By Morris Klein, CELA In December, amidst much euphoria, Congress passed and President Obama signed into law the ABLE Act of 2014 (Achieving a Better Life Experience). ABLE empowers states to create programs enabling individuals with certain disabilities to establish tax-free savings accounts modeled after the popular 529 college savings plans that, if used for [...]
By Carol S. Battaglia, Esq. Medicaid and SSI (Supplemental Security Income) often provide the bedrock of economic security for individuals with disabilities. But these needs-based programs require that recipients have no more than $2,000 in "countable resources-$3,000 for a married couple - meaning that receiving an inheritance, personal injury settlement or other lump sum can [...]
By Annie Acosta, Director of Fiscal and Family Support Policy, The Arc The midterm elections are over and many wonder how they will impact the disability community in the 114th Congress. And with all of the 24/7 news coverage, it can be hard to know what really matters for people with intellectual and developmental disabilities [...]
Savings Accounts to Fund Care for Individuals with Disabilities With overwhelming support, Congress has passed the ABLE Act of 2014 (Achieving a Better Life Experience), providing a new opportunity for qualified individuals with special needs and disabilities to have tax-free savings accounts that will support their health and independence while preserving their means-tested government benefits. [...]
A little-publicized provision in the recently passed bipartisan National Defense Authorization Act (NDAA) will help military veterans safeguard quality of life for children with disabilities after a parent’s death. Military retirees with a Survivor Benefit Plan pension may now assign such funds to a first party special needs trust (SNT) established on behalf of the [...]
By Robin L. Shaffert, Senior Executive Officer, and Liz Mahar, Program Manager, Individual and Family Support, The Arc The Center for Future Planning is pleased to announce the launch of its website https://futureplanning.thearc.org/. The website is the Center's first step in supporting and encouraging families and adults with intellectual and developmental disabilities (I/DD) to plan [...]
By Barbara Isenhour, Esq. Navigating the acronym-ridden maze of government benefits is tough and misconceptions abound. Families may be unaware of the full range of options available to individuals with I/DD, or they may be confused about eligibility, assuming that they have too much income to consider means-based programs. Most individuals with I/DD can benefit [...]
By Cindy Schaeffer, M.S., R.N., A.P.N., Travel Care & Logistics Inc. As a flight RN, I have assisted hundreds of seniors with air travel over the past 12 years, and I have come to recognize that many misconceptions prevail. While you can no longer "book a ticket and run," it's quite possible-with adequate planning-to arrange [...]
By Marty Ford, Senior Executive Officer, Public Policy, The Arc Aging parents of adults with intellectual and developmental disabilities (I/DD) often worry about what the future will hold for their sons and daughters, and many families need support and guidance to plan for the future. Recognizing this growing need, The Arc decided to take action. [...]
When a Child Has Special Needs By Mary Schmitt T. Smith, Esq. As a special needs attorney and a Mom of two adult sons with disabilities, I bring an added dimension of experiencing reality "in the trenches" to my work with clients. Yes, I know how it feels to receive a diagnosis you never anticipated [...]
By Joanne Marcus, MSW, Executive Director, Commonwealth Community Trust The first months, or even years, after receiving the diagnosis are filled with unexpected questions and challenges when you have a loved one with special needs. “Here-and-now” needs like healthcare, therapy, education and other immediate needs can quickly take priority over future planning, which is understandable. [...]