Loud & Clear: Family Conversations is written by our member attorneys and guests for individuals with disabilities and their families. We tackle the day-to-day and long-range issues that affect the quality of life. Readers are welcome to comment on the discussion, though we can not answer legal questions here. For answers to specific legal questions, please find an attorney in our Directory.
Not Accepting “No”: Tips on Advocating Change
By James A. Caffry, Esq., Waterbury, Vermont Government transparency - or the lack of it - is much in the news, and it's a concept to bear in mind as [...]
Keeping Seniors with Developmental Disabilities in the Community
By Pamela Merkle, Executive Director, Association on Aging with Developmental Disabilities Thanks to medical advances, people with developmental disabilities are living longer and that longevity is bringing some very difficult [...]
Liability for Medicare Set-Asides Largely Undefined
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 [...]
Graduating from Special Ed, Anticipating College
Brian L., 19, recently graduated from high school, having been in special education programs since kindergarten. He has a number of learning differences, including autism spectrum disorder. In August, he [...]
Remember, Transitional Planning Works at the Other End of the Life Spectrum, Too!
By Catherine Goebel, MA, MS Ed., NCG-CGC, ILLP There is much discussion regarding transitional planning for younger individuals with special needs moving from high school to employment, day programming, or [...]
Tax Considerations in Personal Injury Settlements
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 [...]
Caregiving in a Digital World
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 [...]
Making School Sports Accessible
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 [...]
How Will the Affordable Care Act Affect SNTs?
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 [...]
Thinking It Through
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 [...]
Caregiver Burnout Hurts the Entire Family
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 [...]
After the Evaluation . . .
"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 [...]
Tax Tips for Families with Special Needs
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 [...]
Caregiver Agreements Can Clarify Family Roles
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 [...]
The Olmstead Decision and Mental Health Systems Reform
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 [...]
Transition Planning Can Shape a Life
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 [...]
Structured Settlements Don’t Always Make Sense
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 [...]
Alzheimer’s Alters Family Roles
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 [...]
Don’t Forget Living Space Adaptations When Planning for Special Needs
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 [...]
Preventing the Abuse of Individuals with Disabilities
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, [...]