We meet the lifetime legal needs of children and adults with disabilities, the elderly, and their families.
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.…
There is a misconception that one should plan on applying for Medicaid only after all the money has been spent on care. Most nursing facilities aren’t going to go out of their way to tell you all of the ways you can actively plan to preserve assets while applying for Medicaid. But there are a number of planning techniques to…
On November 8, 2018, the news broke that disability advocates reached a settlement in the long-running Doe case against the State of Ohio. While the settlement is still subject to court approval, it requires special efforts by the state for students with disabilities to improve test scores and rates of inclusion in 11 school districts. It aims to improve academic…
Only YOU understand your child and appreciate him/her as a whole learner. Parents are living through their child’s deficits, not only in school, but at home. One aspect that has changed the educational experience at home for families is the report cards. From the format, to the timing, to how the earned grades are delivered to parents, it is incredibly…
We are excited to share a short, 30-second video created to help empower voters with disabilities. It was produced for Ohioans with disabilities by All Voting is Local with help from Milestones Autism Resources. (I’m honored to be one of the Board Members of Milestones!) Although the deadline to register in Ohio has already passed, this information reminds us that…
The Special Education Team of Hickman & Lowder welcomes Special Education Advocate Mary Jo O’Neill, M.Ed., as its newest member. Mary Jo will be working with the team to develop more cost effective and efficient service packages to help parents navigate the complexities of IDEA. Mary Jo has a long history of working on behalf of parents; she combines her…