Special Needs Alliance is a national alliance of attorneys for special needs planning. https://www.specialneedsalliance.org/
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Careful financial planning is always a good idea — especially if you have a loved one with special needs. After all, many people with special needs have low earning potential and rely on means-tested government benefits (Medicaid, SSI, housing vouchers, and SNAP), settlements, and/or support from family members. Understanding the roles of public benefits, taxes, living and healthcare expenses, and investment income, as well as regulations and rights pertaining to special needs, requires a professional hand.
#Special Needs Planning and Financial Planning#Role of Special Needs Planning#Role of Financial Planning
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Careful financial planning is always a good idea — especially if you have a loved one with special needs.
After all, many people with special needs have low earning potential and rely on means-tested government benefits (Medicaid, SSI, housing vouchers, and SNAP), settlements, and/or support from family members. Understanding the roles of public benefits, taxes, living and healthcare expenses, and investment income, as well as regulations and rights pertaining to special needs, requires a professional hand.
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It’s critical that we get increased funding for special education services in order to meet the needs of students with disabilities and achieve compliance with the Individuals with Disabilities Education Act (IDEA). Attempts have been made to make legislative changes for years, but it hasn’t happened. We all need to reach out to our congressional representatives and tell them it’s essential that we give our schools the funding they need to help our children NOW.
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It is not uncommon for parents who are creating a supplemental needs trust (SNT) for a loved one with disabilities to assume that naming one of the child’s siblings as the trustee is a perfect solution. They often believe that someone who’s grown up alongside the beneficiary is best positioned to understand their needs and will naturally look out for their interests. Unfortunately, they often don’t see this arrangement’s potential risks and how the role may affect family chemistry long after parents are gone.
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The topic of hiring an employee with special needs is important because employers need to know how to be more open- minded and sensitive to the needs of those who may be different. It is important for employers to be considerate of employees’ needs in that they do not discriminate or cause the employee undue hardships. It promotes a more positive work environment when an employer is supportive of employees, but also it is just plain the right thing to do, and it gives employers and employees respect for each other.
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Legislation soon to be introduced by United States Representative Seth Magaziner (Rhode Island), Domenic and Ed’s Law, would change Section 437(d) of the Higher Education Act to clarify that parents who took out student loans for their child can get those loans forgiven if their child becomes totally and permanently disabled.
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More than ever before, the internet has become the standard way of accessing information, performing required tasks, and participating in society in general. While many find this quick and convenient, it can be a struggle for those with disabilities. Thankfully, the Department of Justice (DOJ) has recently outlined regulations to ensure that everyone can use and navigate government websites effectively.
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Remaining gainfully employed while balancing responsibilities as a caregiver can be challenging. On the one hand, caregivers may feel the best chance to protect a job or career is to inform employers of their caregiving responsibilities and hope for understanding and empathy. On the other hand, caregivers may think that telling employers about their additional responsibilities could jeopardize promotions, desirable job assignments, or pay raises. Navigating the rules and deciding what to do can be difficult.
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Five years ago, a group of parents in Winston-Salem, North Carolina created Moji Coffee + More out of a desire to create meaningful employment opportunities for people with disabilities. Now this June, Moji celebrates its fifth anniversary and its evolution from a simple coffee shop into a catalyst of change for employees and businesses alike. Read to know more.
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Seeking inpatient mental health treatment can be daunting, especially when considering the unique needs of individuals with disabilities. Whether the individual is a minor or an adult, understanding the complex legal issues involved in assisting a loved one get the help they need is crucial in making informed decisions.
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This article aims to enhance your understanding of the components involved in the search process, providing practical tips to help you secure LTC and ensure a smoother, more successful transition for your loved ones.
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Medicare set-aside agreements (MSAs) constitute an evolving area of law that should be considered by anyone settling a third party liability claim. The issue dates from passage of the Medicare Secondary Payor Act of 1986, which mandated that settlements in workers’ compensation cases evaluate Medicare’s potential role in covering related health costs – though the topic’s urgency was recently heightened by changes in Medicare regulations. When appropriate, “set-aside accounts” are created to hold funds earmarked to pay for future medical care that Medicare would otherwise be expected to cover.
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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 other organizations to receive benefits and act on behalf of the eligible individual in communications with the agency. The need for a payee is based primarily on an individual’s capability to manage his or her own funds.
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Only individuals with limited income and assets are eligible for Supplemental Security Income, known as SSI. (Do not confuse SSI and Social Security Disability Insurance (SSDI) which is a very different program.) If an individual who receives SSI is given cash by a friend or a family member or even by the trustee of a special needs trust for the benefit of that individual, the SSI benefit will be reduced dollar-for-dollar.
Due to the complexity of the ISM rules for SSI, it is highly recommended for SSI recipients and their families to consult with legal professionals for guidance on how the rules specifically relate to their circumstances and to explore potential strategies to minimize or alleviate ISM reductions.
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A life care plan can be designed by a professional, a parent, or another family member with the assistance of professionals. The life care plan should begin by identifying the future needs of the child with a disability and establishing a standard of living that the parent wants for the child with a disability. Read to know more.
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Powers of attorney are critical when you have an older child with special needs. If you are the parent of a child with special needs, you likely have grown accustomed to making medical, educational, and legal decisions on behalf of your child as a minor. Read to know more today.
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If you’re the parent or guardian of an individual with special needs, you know that planning for their future is not just a one-time event—it’s a continuous process that adapts to ever-changing needs, laws, and family dynamics. Some families find that establishing an annual meeting to review and discuss their special needs estate plan is critical and necessary.
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