On July 26, President Barack Obama signed an executive order entitled “Increasing Federal Employment of Individuals with Disabilities.” The order directs the Office of Personnel Management to develop hiring and retention strategies aimed at increasing federal employment of individuals with disabilities. Specifically, the order identifies the objective of hiring 100,000 persons with disabilities over the next five years.

The executive order states that the “Federal Government has an important interest in reducing discrimination against Americans living with a disability.” Currently, individuals with disabilities are underrepresented in the federal work force, constituting only five percent of all federal employees. In addition to increasing employment, the order states the goal of eliminating stigmas associated with disability. In addition to focusing on new hiring, the order requires federal agencies to boost efforts to accommodate workers who have suffered an on-the-job injury. It also encourages the expansion of programs aimed at bringing injured workers back into the federal workforce.

To learn more about New York elder law, New York estate planning, or New York Special Needs visit http://www.littmankrooks.com.

1.      Know ADHD laws. Children who have special needs, including ADHD, are entitled to an education that is appropriate for their particular needs. Under Section 504 of the Rehabilitation Act of 1973, as well as the Individuals with Disabilities Education Act of 2004, your child may be entitled to additional services at school. Be sure to familiarize yourself with these laws and regulations, and understand what they do and do not protect.

2.      Constantly monitor your child’s academic performance. Remain in close contact with school officials and teachers. Make sure that your child sits in close proximity to his instructor and is shielded from potential distractions.

3.      Request that your child and teacher meet one-on-one on a regular basis. It is a good idea for your child’s instructor to look for, and reward, positive behavior.

4.      At-home tutoring. It may be prudent to consider one-on-one tutoring for your child outside of regular school hours to complement in-school instruction.

5.      Get a copy of your child’s curriculum. Follow the assignment schedule and pay attention to whether your child is keeping up with his coursework.

Parents can give their child with special needs the best chance of receiving the help and education he needs by becoming engaged in their child’s learning experience. If you suspect your child’s needs are not being properly accommodated at school, contact an attorney who is experienced in special needs and education issues.

Bernard Krooks is a New York Elder Law and New York Estate Planning lawyer with offices in White Plains, Fishkill, and New York, New York.

To learn more, visit Littmankrooks.com.

Education is one of the most important things in a child’s life, so it pays to be prepared. What specifically should parents do to prepare?

-Familiarize yourself with the parents’ rights handbook that is provided by the school. Understand the protections under federal law available to you and your child.

-Look over your child’s school records ahead of time. Take note of how he is doing and where his strengths and weaknesses lie.

-Visit the classroom setting if possible.

-Talk with disability associations and other parents for more information and tips.

-Speak with your child ahead of time to learn about any special challenges or concerns.

-Write down any questions you have for school officials so you don’t forget during the give and take of the meeting.

-Review the previous IEP. What is working? What is not? Are there new goals that need to be set or adjusted for the upcoming year?

-If you have concerns, gather evidence to support them. Explain why you want changes.

-Have a positive attitude. An IEP meeting is part of a collaborative process between parents and the school district. Try to work with school officials as much as possible.

-Most of all, organize your thoughts and related documents. Make sure you are prepared when the day of the meeting arrives.

To learn more about New York elder law, New York estate planning, or New York Special Needs visit http://www.littmankrooks.com.

Bernard A. Krooks, Esq., a founding partner at the law firm Littman Krooks LLP, hosts the half-hour radio show, which features interviews with authorities in the areas of elder care, estate planning, veterans’ benefits, special needs planning, and special education advocacy. Each show offers practical information for individuals and families seeking to plan for the financial security of loved ones; to prepare for the possibility that a family member will need long-term care in the future; to make their health care wishes known; to obtain an appropriate education for a child with disabilities; and many other quality of life issues. If listeners have Apple iTunes^® accounts, Littman Krooks encourages them to share their opinions of each episode’s topic by rating and leaving comments. To do so, simply click the “Write a Review” button at the bottom of the page.

The radio show’s fall season will begin on September 16 on WFAS 1230 AM, from 6:05 to 6:35 p.m. It can also be listened to online at www.wfasam.com. Upcoming episodes include a discussion about Alzheimer’s with Burton Greenberg, founder of Caregiver Insights Foundation; with David C. Leven, executive director of Compassion and Choices of New York on “End-of-Life Decisions and How to Get Your Health Care Wishes Respected;” and with Emily Kingsley, a writer for Sesame Street, on “Disability in the Media.” To access or subscribe to the Littman Krooks podcasts on iTunes, visit http://itunes.apple.com/podcast/elder-law-special-needs-planning/id37275. You can also search for the podcast using the keywords elder law or estate planning. The Littman Krooks podcast series will appear as one of the results.

Littman Krooks LLP offers legal services in several areas of law, including elder law, estate planning, veterans’ benefits, special needs planning, special education advocacy, and corporate and securities. The firm’s offices are located at 399 Knollwood Road, White Plains, New York; 655 Third Avenue, New York, New York; and 300 Westage Business Center Drive, Fishkill, New York. For more information about Littman Krooks LLP, visit www.littmankrooks.com.
Littman Krooks can also be followed on Facebook at http://www.facebook.com/pages/White-Plains-Fishkill-NYC/Littman-Krooks-LLP/261098874994?ref=ts and Twitter at http://twitter.com/littmankrooks.

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Ms. Arkontaky will speak about “Lifetime Planning for People with Disabilities” from 2:15 p.m. to 3:00 p.m. Parents of children with disabilities often admit that their greatest fear is what will happen to their child once they are gone, and providing for financial security is a major step towards ensuring quality of life for a loved one with special needs. This involves understanding the relationship between personal assets and eligibility for government benefits, which often play a critically important role. Monetary gifts from well-meaning friends and relatives may actually do harm to a person’s overall financial status if not carefully planned.

Ms. Arkontaky’s practice focuses exclusively on special needs planning, special education advocacy, and guardianship for families of children with disabilities. She has a child with special needs and was a service coordinator for Family Connection – an agency providing case management for families of children with disabilities – prior to attending law school. Her personal and professional experiences enable her to bring added insight to the work she does on behalf of others.

Harriet P. Schleifer, Esq., will speak regarding “Teens, Young Adults and Epilepsy: Transition Planning” from 2:15 p.m. to 3:00 p.m. Transitioning into adulthood is challenging enough for most young people. Students with disabilities may require additional support to successfully transition from high school to the next phase of their lives. What must schools do to help students prepare for adulthood?

Ms. Schleifer has over 20 years of experience in special education advocacy and is the mother of a young man with disabilities. She is also an authority on disciplinary issues relating to both typically developing children and students with special needs.

Littman Krooks LLP, which celebrates its 20th anniversary this year, offers legal services in several areas of law, including special needs planning, special education advocacy, elder law, estate planning, veterans’ benefits, and corporate and securities. The firm’s offices are located at 655 Third Avenue, New York, New York; 399 Knollwood Road, White Plains, New York; and 300 Westage Business Center Drive, Suite 400, Fishkill, New York. For more information about Littman Krooks LLP, visit www.littmankrooks.com.

• Are there any social activities that are important to your child that you would want continued after your death? You may, for instance, wish to provide funds for your child to take annual vacations to see relatives or to attend sporting events.
• Does your child like to go out to dinner with friends or to the movies?
• Are there any specialty items, such as computers, DVDs, or video games that improve your child’s quality of life?

After you have considered all of the things you want your child to continue to enjoy, you need to determine how much this is going to cost. To calculate how much is needed in order to properly fund the trust, you may want to keep track of everything you spend on your child over the course of one month. After you have calculated these expenses, you may wish to add periodic expenses that might come up quarterly or annually. These quality of life considerations could make the difference between providing your child with a basic existence and a lifestyle closer to that which you would have sought to provide yourself.

To learn more about New York elder law, New York estate planning, or New York
Special Needs visit http://www.littmankrooks.com.

This repeal has the potential to affect the estate plans of millions of Americans, as wills and trusts that were once properly prepared may no longer provide protection for spouses or other beneficiaries upon the death of a family member. The lawyers at Littman Krooks LLP have carefully studied the potential impact of the repeal of the Federal Estate Tax and encourage attendance for those who want to ensure that their estate plan is not obsolete.

The seminar will be offered in two sessions on Wednesday May 12, 2010, at the Duchess County Regional Chamber of Commerce in Poughkeepsie, NY. Registration for the morning session begins at 9:30 a.m. in Room 400. The morning session will be held from 10:00 a.m. to 11:00 a.m. Registration for the afternoon session begins at 3:30 in Room 400. The afternoon session will be held from 4:00 p.m. to 5:00 p.m.

For families whose loved ones die in 2010, the repercussions of the Federal Estate Tax repeal could only add to their grief at the passing of their loved one. The seminar will cover the challenges facing estate planning in 2010 and the consequences of this unusual appeal. This appeal has created unprecedented uncertainty in the world of estate planning, and the lawyers at Littman Krooks LLP wish to offer their guidance in these uncertain times.

Attendance to this event is limited, so those interested in attending must reserve a place by phoning Melissa Hayn at 845-896-1106 or emailing mhayn@littmankrooks.com.

For more information on the firm, visit www.littmankrooks.com. Littman Krooks LLP offers legal services in several areas of law, including elder law, estate planning, veterans’ benefits, special needs planning, special education advocacy, and corporate and securities.

Because of income restrictions, leaving assets directly to a child with special needs can cause a greater burden for the child. If he or she has been receiving public benefits, those benefits may be lost. This situation can be avoided through special needs planning and the establishment of a Special Needs Trust. Careful planning and the use of a Special Needs Trust will help ensure that a child with special needs may receive support without losing important public benefits.

Other topics to be discussed during the two-day conference include, Conservation Easements and Ethical Issues in Asset Protection.

Bernard A. Krooks, Esq., is a founding partner of the law firm Littman Krooks LLP, with offices in New York City, White Plains, NY, and Fishkill, NY. He is president of the Special Needs Alliance (SNA). He is past president of the National Academy of Elder Law Attorneys, a fellow of NAELA, past chair of the NAELA Tax Special Interest Group, and former editor-in-chief of the NAELA News. He co-authored the NYSBA publication Elder Law and Will Drafting and is an adjunct asst. professor at NYU Center for Finance, Law, and Taxation. Mr. Krooks is an authority on elder law, special needs planning, and estate planning. He has been quoted in many national publications.

Learn more at http://www.littmankrooks.com.

The urge to ignore or put off estate planning can be particularly strong during a downturn in the economy. However, comprehensive estate planning is more important than ever during tough economic times.

According to Mr. Krooks, everyone should have basic estate planning elements in place, such as a Will and trust documents, all of which should be evaluated on a regular basis. Even as economic circumstances change, these documents remain valid. But, says Krooks, “valid” may not be optimal. Long-term planning must take into account both current circumstances and projected changes in personal finances and the overall economy.

One example of such changes is the continued burden that is being placed on state governments and, in turn, locally administered programs. Krooks continues, “The recession has hit state and local governments hard… It is almost certain that there will be additional cutbacks in long-term care services from government programs. The extent that you have assumed that the government will be there to provide your long-term care needs, that assumption may not be as defensible as it once was.”

Mr. Krooks also suggests that there are some specific circumstances that can serve as indicators that an estate plan needs adjustment. These include:

• Having an estate plan that is more than 5 years old;
• Moving;
• Learning of a family member with a disability;
• Having counted on Medicaid to pay for long-term care expenses;
• Large changes in net worth; and
• Changes in a child or children’s net worth or living situation

Changing economic circumstances can provide an opportunity to reevaluate documents that may be out of date or irrelevant. In addition to helping organize finances and assets in the short term, estate planning during tough economic times has obvious long-term benefits. Continuing to plan and make contributions to trusts, life insurance policies, retirement and other accounts will minimize the overall damage that could be done to your estate in the long-term.

Bernard A. Krooks, Esq., is a founding partner of the law firm Littman Krooks LLP, with offices in New York City, White Plains, NY, and Fishkill, NY. He is president of the Special Needs Alliance. He is past president of the National Academy of Elder Law Attorneys, a fellow of NAELA, past chair of the NAELA Tax Special Interest Group, and former editor-in-chief of the NAELA News. He co-authored the NYSBA publication Elder Law and Will Drafting and is an adjunct asst. professor at NYU Center for Finance, Law, and Taxation. Mr. Krooks is an authority on elder law, special needs planning, and estate planning matters. Mr. Krooks has been quoted in many national publications.

To learn more about estate planning and long term care planning, visit http://www.littmankrooks.com.