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Special Education Advocacy

2024 Back to School Checklist

By Arshi Pal, Esq. The start of the new school year can be a bittersweet time for parents and students. Many will be excited for the new opportunities and lessons during the school year, whereas others may be sad to wave summer break goodbye. As children soak up the last few days of summer, parents…

Elder Law & Estate Planning

Understanding the Pitfalls of Medicaid’s Homestead Exemption

By: Nicholas N. Khayumov For many individuals, their home is their most cherished asset. Whether it’s a co-op apartment, condo, or house, it often represents a lifetime of memories and is at times their most valuable investment. As people age, ensuring that the value of their home is preserved and passed down to their loved…

Grade School Class with Laptop Technology
Special Education Advocacy

New York State Graduation Requirements, Change is on the Horizon

By Arshi Pal, Esq. While New York currently offers students with disabilities a significant amount of flexibility, including safety net options, to achieve a local diploma, there are still many inequities. For example, if a school district designates a student as eligible for alternate assessments due to severe cognitive disabilities, the student can only receive…

Here are some of the common myths that OSEP dispels in its recent Guidance on AT and the importance for all students.
Special Education Advocacy

Recent Federal Guidance Dispels Myths on Assistive Technology for Students with Disabilities

by Marion M. Walsh Assistive Technology can be important for all individuals with disabilities. This January, the U.S. Department of Education’s Office of Special Education Programs (OSEP) released important guidance on the importance of assistive technology (AT) devices and services for students’ meaningful access and engagement in education. AT means any item, piece of equipment,…

Special Education Advocacy

New York Supreme Court Overturns NYSED Decision Granting Special Education Eligibility until 22

By Marion M. Walsh, Esq. Last month, a New York state court ruled that students with disabilities in New York are not legally entitled to extended eligibility until age 22 under state law. This decision has created confusion as it goes against a July 2023 formal opinion from the Office of Counsel of New York…

The United States Bureau of Labor Statistics recently released new data highlighting that the number of employed individuals with disabilities has hit a record high.
Special Needs Planning

Employment Advancements for Individuals with Disabilities

By Jessica A. Saio The United States Bureau of Labor Statistics recently released new data highlighting that the number of employed individuals with disabilities has hit a record high. In 2023, 22.5% of individuals with disabilities had jobs, which is an increase from 2022. Since COVID-19, more job opportunities have emerged, and benefits such as…

Avoid a Reduction in SSI Benefits Due to In-Kind Support and Maintenance
Guest Blog

Three Ways to Avoid a Reduction in SSI Benefits Due to In-Kind Support and Maintenance (ISM)

This issue of The Voice® is written by fellow SNA member Rachel Trafton, Esq. of Maine Elder Law Firm LLC in Bangor, Maine. The firm focuses exclusively on the legal needs of aging Mainers and people with disabilities, including special needs planning, long-term care planning and estate and trust administration.

Attorney Trafton’s article appears in the March 2024 – Vol. 18, Issue 3 edition of Special Needs Alliance’s The Voice®.

In New York, Medicaid serves as a lifeline for many individuals seeking assistance with long-term care services, whether at home or in a nursing facility. However, alongside the benefits Medicaid provides, there looms the challenge of Medicaid's Estate Recovery Program, which can have significant implications for beneficiaries and their families.
Elder Law & Estate Planning

Understanding Medicaid’s Estate Recovery Program and Proposed Legislative Changes

By: Nicholas N. Khayumov In the legal sphere of elder law, navigating the intricacies of Medicaid is often a crucial step in accessing long-term care services for clients and their loved ones. In New York, Medicaid serves as a lifeline for many individuals seeking assistance with long-term care services, whether at home or in a…

Individuals with disabilities can now contribute $18,000 annually to their ABLE account in 2024, an increase from the $17,000 limit in 2023.
Special Needs Planning

2024 ABLE Account Contribution Limit

By Joel Krooks, Esq. Individuals with disabilities can now contribute $18,000 annually to their ABLE account, an increase from the $17,000 limit in 2023. Money in an ABLE account can be used toward qualified disability expenses, which include education, housing, transportation, employment training and support, health, funeral and burial, basic living expenses and legal fees. An…

With the new year upon us, the New York State Department of Health has issued its updates to the allowed income and resource limits for Medicaid applicants and recipients.
Elder Law & Estate Planning

Changes to New York Medicaid Income and Asset Limits in 2024

By Brian L. Miller With the new year upon us, the New York State Department of Health has issued its updates to the allowed income and resource limits for Medicaid applicants and recipients. For new Medicaid applications submitted between January 1, 2024, seeking community Medicaid benefits, an individual is allowed to keep non-exempt resources of…