We meet the lifetime legal needs of children and adults with disabilities, the elderly, and their families.
My clients are often faced with very stressful situations. That’s why they come to a lawyer in the first place. This is particularly true if a loved one’s needed government benefits are at stake or if there is a dispute within a family. These are tough, emotionally draining cases for those experiencing the conflict. Recently, I represented a client in…
On March 16th, one day before St. Patrick’s Day, my father-in-law passed away quietly in the middle of the night. He was 87 years old. Yes, he had been ill, but he was on the road to recovery—or so we thought—recovering in a rehab facility. The 2:00 a.m. call informing my husband of the news was a shock to the…
On March 7, 2019, the US District Court in Washington D.C. ruled that the current Department of Education had acted arbitrarily and capriciously in failing to implement Obama-era rules which are intended to address the disparities in the treatment of students of color with disabilities. A summary of the action was issued by the Council of Parent Advocates and Attorneys…
As part of my job, I attend a lot of conferences and presentations. One of the presentations I attended recently featured a whole myriad of people who had their opportunity to dazzle us at the podium. (Maybe “dazzle” is a lofty goal for a continuing education course. The goal was probably to keep us awake and not misspeak!) One of…
Girls who struggle with mental health issues, including but not limited to: anxiety, depression, eating disorders, conduct disorders, and panic disorders, are being stigmatized even further in the educational system. They are not qualifying for the specially designed instruction they not only need, but deserve and have a right to receive at their schools. These girls are able to lean-in,…
It’s almost common knowledge that Medicaid imposes a “five-year lookback” to identify gifts made by a Medicaid applicant. In most circumstances, if an individual who is applying for Medicaid has given away their assets within the last five years, Medicaid will penalize that individual, even if they are currently out of funds, by not paying the nursing home for a…
Quite a few of my clients have come to me for help when their child’s school day is made shorter than their typical peers. Sometimes, it is a matter of a bussing situation where the kids in special ed are on a bus that leaves 10 or 20 minutes before their typical peers. Other times, schools are sending their kids…
On January 1, 2019, the Social Security Administration adjusted benefits upward by 2.8 percent. The 2.8 percent cost-of-living adjustment will begin with benefits payable to more than 62 million Social Security beneficiaries. Increased payments to more than 8 million Supplemental Security Income (SSI) beneficiaries brings the maximum monthly benefit from $750 per month in 2018 to $771 per month in…
Recent changes in the laws have added new complexities and considerations when planning for a person with a disability. Although not all are changes to trust law, many of the programmatic changes impact how we handle special needs estate planning. The most important of these changes include: (1) the Special Needs Trust Fairness Law; (2) Medicaid expansion, which creates new…
Attorneys must wear many hats, especially when representing people with disabilities and their families. Imagine a display of three hats on the conference room table: A black stovepipe hat, rimmed with a satin ribbon; the rumbled and worn, brown, slouchy, cloth Sorter Hat straight from Hogwarts in Harry Potter; and the most extravagant, eye-catching Kentucky Derby creation you’ve ever seen.…