Many LGBT couples want the right to visit their loved one in the hospital, and want their loved one to have the right to make critical healthcare decisions.  The solution is a living will with healthcare power of attorney.

A living will is a document stating an individual’s wishes in the event of a medical emergency resulting in incapacitation.  A living will explains what procedures one does and does not want in an end-of-life medical situation.  It can contain directions concerning artificial resuscitation, pain medicine and life support procedures.

A healthcare power of attorney document is a way for an individual to appoint another to make those medical decisions.  It has the effect of giving LGBT couples the decision-making rights that are already afforded to heterosexual married couples.

Even gay and lesbian couples who are married in their state need to consider a living will with healthcare power of attorney.  Though a couple may live in a state that recognizes gay marriage, these documents may be of crucial importance when traveling out of state.

What documents are important for LGBT couples:

• A living will states a person’s wishes in the event of a life-threatening medical emergency

• A healthcare power of attorney assigns healthcare decision-making power to a particular person

For assistance with questions regarding our legal services, visit our website at http://www.littmankrooks.com/

The Office of Special Education, which is part of the Department of Education, found that New York State “needs assistance” and failed to adjudicate hearings in a timely fashion. Only 84.25 percent were adjudicated per the requirements in a timely manner. The proposed amendments would address six procedural concerns to improve the impartial hearings:

1. Appointment and certification of impartial hearing officers (IHO)

IHOs would have their certification rescinded if they do not accept an appointment within a two-year time period unless good cause can be shown. IHOs would be prohibited to take an appointment if they were in a pending, due process complaint with the same school district, are an attorney or an attorney for the same school district, or provide special education advocacy.

2. Consolidate multiple due process requests for the same student

The amendment would create procedures to consolidate multiple hearing requests.

3. Prehearing conferences would be conducted on all due process requests starting July 1, 2012

This prehearing order would help to address procedural matters and define the factual issues that will be adjudicated at the hearing. This will help to expedite the hearing and render more efficient decisions.

4. Requests for withdrawals of due process hearings

This amendment would create procedures to withdraw a due process complaint and require notice to the IHO if done after the hearing begins.

5. Timeline extensions for an impartial hearing decision

IHOs could not extend decisions due to their own schedule conflicts, nor could they grant an extension after the date the record is closed. The amendment does allow one 30-day extension and requires the IHO to provide the facts for granting the extension.

6. Decision timelines

Decisions are to be made within 45 days. Efficient hearing decisions will help to uphold a child’s educational needs and well-being. This will also help cut down on costs to districts.

People who want to learn more about the amendments and how it could affect their child’s education should contact a New York special education advocate. The P-12 Education Committee is accepting public comments on these amendments through early spring. Littman Krooks’ special education attorneys help individuals obtain the education and special services they need and deserve. To learn more about our special education advocacy services  visit http://www.littmankrooks.com.

The event, entitled “Five Boroughs Concepts in Care Conference,” takes place throughout the day at the Crowne Plaza Hotel in Times Square.  The conference is care-focused, and will feature practical ways to meet daily challenges.  There will be separate presentations for people with Alzheimer’s or a related dementia, medical providers and family members.

The keynote luncheon speaker will be David Cassidy, the multiplatinum recording artist best known for his role on “The Partridge Family.”  Cassidy’s will share “A Son’s Story,” speaking about his mother’s struggle with Alzheimer’s disease since her diagnosis seven years ago.

Joy Bauer will also make a presentation at the conference.  The best-selling author and nutrition and health expert for the “Today” show will share her ideas on lifestyle choices that promote brain health.

Also on the agenda is Teepa Snow, a renowned expert in dementia care, and Max Rudansky, M.D., who is Huntington Hospital’s chief of neurology.

Alzheimer’s disease is the most common form of dementia, affecting up to 5.1 million Americans, including approximately 450,000 New Yorkers.  Alzheimer’s is a progressive brain disorder that results in loss of memory and impaired cognitive functioning.

The Alzheimer’s Foundation of America, based in New York, is a national nonprofit organization which brings together more than 1,600 member organizations to provide education and caring resources to people affected by Alzheimer’s disease.  To find out more about the conference, visit http://www.alzfdn.org.

An appropriate diagnosis can help an aging individual and their loved ones plan for the future. Being proactive in the early stages can allow a person a chance to make long-term decisions about their care, living arrangements, finances, and legal concerns. This allows a person more opportunity to benefit from advanced medical care and support services so that the aging process and effects of the disease are managed better. To learn more about New York elder law or New York estate planning, visit http://www.elderlawnewyork.com.

Without an estate plan when you pass away, your affairs will be settled by default through a complex legal system called “probate.” The handling of your financial affairs can turn into a costly and frustrating ordeal for your family and heirs.

The crafting of a good estate plan starts with planning, followed by the proper drafting and signing of appropriate legal documents such as wills, trusts, buy-sell agreements, durable powers of attorney for asset management, and an advanced health-care directive or health-care power of attorney. Having these documents in place saves you and your family a lot of money and time at a very difficult and emotional time.

Your estate planning should also address the coordination of the way you hold title to your various assets, your beneficiary selections, and the possible transfer of certain assets while you are alive.

Regardless of the extent of your net worth, estate planning is important for everyone. Complex strategies may be used by wealthy people to reduce death taxes and costs. Others may only require a simple will and/or trust to pass on property to their heirs and provide for minor children.

Even if a simple will is all you require, an estate plan is an essential part of your financial planning. Everybody will need it someday. The time to address or update your estate plan is now.

CHECKLIST — SIX STEPS TOWARD SUCCESSFUL ESTATE PLANNING

1. DEFINE YOUR GOALS: What do you want to happen to your assets in the event of your death or disability? If your beneficiaries predecease you, who are your alternate selections? How will your assets be distributed, and when will these distributions take place?

Decisions on distribution of your estate assets should take into account the size of the estate, the ages and abilities of your children, and your personal desires. For example, a distribution to children over time might consist of 10 percent of the estate at age 18, 25 percent at age 21, 50 percent at age 24 or upon completion of college, and the balance at age 30.

Choose your appointees for important roles: Who will be your executor and, if applicable, trustee and/or guardians? It is advisable to list at least a first and second alternate for each appointment in case your first choice is unwilling or unable to serve.

If you have children who are minors, the appointment of a guardian is probably the most important decision you’ll make. With the court’s approval, this person, or persons, will raise your children. Consider appointing a family member and spouse, or another close couple who’ll care for your children the way you would want.

You may want to consider listing multiple executors, trustees and guardians to serve together in handling the details of your estate. This can provide a check-and-balance system for the appointees and help them avoid oversights or misappropriations. Consider appointing family members, friends, professionals, advisers and/or trust companies for this position.

There is some risk here: If these people disagree and have problems, they can each be represented in court by counsel paid for by your estate, so be very careful in making your selections.

Living trusts have become popular because less administration is required in comparison with a will. Be aware that having a living trust does not eliminate the need for a will and administration at either the first or second spouse’s death.

To get the benefits of the trust, certain details must be attended to, and this is the job of your appointees. For example, leaving a trust for the surviving spouse requires that the trust be funded properly and in a timely manner at the first death, or major tax benefits can be lost.

Is estate privacy an issue for you? Do you want your estate to be public record upon your death? Do you have any special gifts you want made to charity? Do you want an elderly parent or friend to be financially cared for? All of these circumstances should be noted in your plan.

2. GATHER & ORGANIZE YOUR DATA: There are three basic tasks to be accomplished:

• Review and update your financial position.

• Review how you hold title to your assets. Is it consistent with your estate plan?

• Review your beneficiary selections. Are they aligned with your estate plans?

Did you know that how you hold title to assets has a higher legal priority than your will? For example, if you and your best friend held title to an investment club account as joint tenants and you died, the property would revert to your friend even though you had willed your interest to your spouse.

3. ANALYZE YOUR SITUATION: Start by determining your current net worth, assuming your death occurred today. This can be done by totaling your current assets and liabilities, and adding the value of any life insurance.

Try sketching a picture or flow chart of your existing estate plan. Review your appointees:

• Executor

• Guardian of the Person/of the Property

• Trustee

• Power of Attorney – Property Management

• Advanced Health-Care Directive or Health-Care Power of Attorney

ESTATE PLANNING ALERT : On December 17, 2010, President Obama signed the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (The 2010 Tax Relief Act) into law. Estate and gift tax laws have been reinstated along with many new temporary estate and gift tax provisions that will end on December 31, 2012 unless Congress extends or makes them permanent.

Estate Tax Exclusion & Top Rates:  Establishes an estate exclusion amount at $5 million and the top estate tax rate at 35%; indexes the $5 million exemption for inflation for decedents dying after 2011.

Portability:  Beginning for taxpayers dying after Dec. 31, 2010 the estate tax exclusion becomes “portable” between spouses. This means that the surviving spouse’s exemption is increased by any exemption not used at the first spouse’s death.

Check with your financial advisors for updated information.

4. DEVELOP YOUR STRATEGIES: With the assistance of your estate planning advisor(s), identify the legal documents that need drafting or make any necessary adjustments to existing documents. Determine any other actions that must be taken for your wishes to be carried out.

5. IMPLEMENT YOUR PLAN: Do what needs to be done — i.e., create new wills, trusts and powers of attorney, adjust title to your properties, change alternate beneficiaries of retirement plans and life insurance policies to trusts.

6. TRACK & MONITOR YOUR PROGRESS: Check your estate plan annually or any time there are changes in your family situation or net worth. Use your financial planning calendar to schedule your next review.

These materials are provided as a public service by The NAEPC Education Foundation for “free-use” on websites, newspapers, newsletters, magazines, and other media broadcasts during the months of April and October as it relates to National Financial Literacy Month and National Estate Planning Awareness Week. For additional information or materials contact us at The NAEPC Education Foundation.

To assist with your estate planning, follow this link  at www.estateplanninganswers.org/protect-your-family-and-your-future/ to get a complimentary copy of the Your financial PARTNER “Estate Planning Location Sheet,” in Excel worksheet format. For more information on estate and financial planning visit www.estateplanninganswers.org/category/financial-planning/personal-financial-management-system/ or visit our website at www.littmankrooks.com.

One of the most prominent signs you may see – or wear yourself – indicating the significance of this month is the Puzzle Ribbon, produced by the nonprofit Autism Society.  This ribbon featuring multi-colored puzzle pieces is an internationally-recognized symbol of autism awareness.  Wear it with pride and thank others when you see them wearing it.

If you noticed an iconic building in your city illuminated in blue on Monday evening and wondered why, it was in honor of World Autism Awareness Day, sanctioned by the United Nations and initiated by the nonprofit organization Autism Speaks.  From the Empire State Building to Brazil’s Christ the Redeemer Statue, from Tokyo Tower to Graceland in Memphis, a blue light of awareness shown on close to 3,000 structures in more than 600 cities throughout the world.

A recent report by the Centers for Disease Control reveals a sharp increase in the rate of autism diagnoses. In the United States today, one in every 88 children is diagnosed with autism or an autism-related disorder.  While the diagnosis rate has been rising for years, the recent numbers represent a large increase: since 2006, there has been a 23% increase, and since 2002, a 78% increase.  One difficult question is whether this increase in diagnoses actually represents an increase in autism.  Public health officials say that the increase may be partly accounted for by more successful efforts to diagnose autism in younger and minority children.

What autism events and facts do I need to be aware of:

• The Puzzle Ribbon is a recognized symbol of autism awareness that benefits the Autism Society
• April 2 was World Autism Awareness Day, initiated by Autism Speaks and marked with their Light It Up Blue campaign
• Autism diagnoses have risen sharply: now one in every 88 children in the U.S. is diagnosed with autism or an autism-related disorder

For assistance with questions regarding your child’s special needs visit our website at

http://www.specialneedsnewyork.com/.

It is important to remember that many people with special needs depend on public services to function to their highest potential. Government services provide access to necessary housing, medical, financial, and educational resources that they depend on. The Arc, a leading advocate for people with developmental and intellectual disabilities, has a campaign to show our leaders to “Don’t Cut Our Lifeline”. Protecting Medicaid, in particular, is essential for people with special needs who do not have an employer or private health care coverage to meet their daily living needs. Medicaid provides critical services for acute care, therapy, long term care, and assistive supports. Part of the “Don’t Cut Our Lifeline” campaign is to show that home and community services can be a better option for people with special needs rather than more expensive institutional services. The health and safety of individuals with special needs should be carefully protected and creative solutions to raising revenue can help ensure drastic cuts do not harm their access to services and benefits.

What can you do to advocate for individuals with special needs:

• Get active in March to spread the word about Developmental Disabilities Awareness Month

• Contact local, state, and federal legislators to “Don’t Cut Our Lifeline”

• Get involved to protect Medicaid services for people with special needs

• Speak with an experienced special needs planning attorney to get access and maintain essential services for your loved one with special needs

Individuals with special needs and their families can work with a qualified special needs attorney to ensure their access to benefits and services are maintained. An experienced special needs attorney can also assist with special education advocacy, asset preservation, estate planning, and trusts. To learn more about New York special needs planning, visit http://www.littmankrooks.com or http://www.specialneedsnewyork.com.

The Obama Administration and the Department of Education will review a state’s application and grant a waiver if the state’s standards are higher than the NCLB mandates and can be realistically implemented. A state’s plan must still prepare students for higher education, careers, and increase achievement for low performing schools. Teacher and school administration evaluations are still critical to these plans being approved.

In New Jersey, the state’s Department of Education will launch the new accountability plan this coming September. Schools will be measured on absolute achievement of the new plan’s goals and growth. State funds will be focused on improving failing schools and those that have big achievement gaps. Students will also have greater school choice in under-performing districts. High achieving teachers will be rewarded and teachers who need help to increase their student’s results will get support.

The state’s DOE will revise its school Report Cards and publish them for public review. This will help parents and state officials identify the performance levels at a child’s school. All these efforts will emphasize effective lesson planning and teaching strategies for the student body, including students with special needs and English as a second language students.

Overview of new education accountability standards in New Jersey:

• New accountability plan coming in September 2012
• New Jersey schools to be graded on absolute achievement of the new plan’s goals and growth
• State funds will improve failing schools and those with big achievement gaps
• Students have more school choice in under-performing districts
• High achieving teachers rewarded and those that need help to increase their student’s results will get support
• Plans cover general student body, students with special needs, and ESL students
• Concerned parents should contact a New Jersey special education advocate to discuss how the new plan can affect their child with special needs to ensure child’s IEP plan and supports are in place for the next school year

Parents who want to learn more about these changes and how it will affect their child should contact a special education advocate. To learn more about New York special education advocacy, visit http://www.specialneedsnewyork.com/ or http:www.littmankrooks.com/

The Veterans Writing Workshop gives veterans the tools and confidence they need to bring their stories to life. Veterans meet once a week for peer support and feedback on their writing. These workshops are free of charge to all U.S. Veterans. The workshops will conclude with the publication of a print anthology of veterans’ writing and public readings.

Personal care services, which are also called home attendant services, can greatly assist individuals affected by physical or mental impairments. Individuals who have excess resources or income can get the skilled advice of a New York Medicaid planning lawyer to access benefits and preserve assets. Once home care is authorized, an attendant can assist from 12 hours a week to around-the-clock care.

It is also important for people who have been denied benefits to have their case reviewed. An experienced Medicaid planning attorney can uphold an individual’s rights and ensure that the medical and financial information is complete when a hearing is needed to seek benefits the second time around. Hearings can also be expedited in certain circumstances.

Littman Krooks LLP counsels individuals and families on how to access Medicaid benefits and plan for comprehensive care and estate matters. Our New York City, White Plains and Fishkill Medicaid planning attorneys are well versed in state regulations, benefits, and asset protection. To learn more, visit http://www.littmankrooks.com/elder-law-medicaid-planning/.

The pooled special needs trust maintains a separate account for each beneficiary of the trust. A beneficiary’s parent, grandparent, guardian, or individual with the disability must first set up the account. An initial enrollment fee and annual maintenance fee vary depending on the trust provider. The pooled trust achieves the same objectives as an individual special needs trust – to maintain the beneficiary’s government benefits such as Supplemental Security Income or Medicaid while using the trust monies to supplement government benefits.

A pooled SNT also allows the trust to be created with any amount of money, whereas professional trustees will only accept an individual special needs trust when the account begins with $500,000, for example. A pooled SNT account can be funded through a will, life insurance policy, and third party as well.

When the beneficiary passes away, the remainder of the account balance can be subject to retention guidelines. This can mean the remainder goes to the charity, to the state Medicaid agency, or some combination of the two. When donors want the remainder to go to family members, they must establish a companion SNT beforehand to leave the trust balance to family members and avoid the requirements.

As SNTs are complex and the best option for each individual with disabilities varies, it is advised to consult an experienced asset protection and special needs planning attorney. Littman Krooks LLP counsels individuals and families on SNT issues, government benefits and services, and asset protection. To learn more about New York asset protection or New York special needs planning, visit http://www.littmankrooks.com.

Decisions to recommend a one-to-one aide must weigh the factors of both:

-          The student’s individual needs;

-          The available supports in the setting where the student’s IEP will be implemented.

There are certain important considerations that must be made by the CPSE/CSE in regard to the factors above. These include, but are not limited to, consideration of each of the following:

-          The student’s individual needs that require adult assistance.

-          The skills and goals the student is planned to achieve that will reduce or eliminate the need for the one-to-one aide.

-          The specific role (i.e. instructional, assistance with personal hygiene) that the aide will provide for the student

-          Other natural supports, accommodations and/or services that could support the student to meet these needs (i.e. behavioral intervention plan; environmental accommodations or modifications; changes in scheduling; instructional materials in alternate formats; assistive technology devices; peer-to-peer supports).

-          The extent (i.e. portions of the school day) or circumstances (i.e. for transitions from class to class) the student would need the assistance of a one-to-one aide.

-          The special class side the CPSE or CSE has recommended for the student. Special class size recommendations are made in consideration of the students’ management needs. For a student in a special class, an additional aide should only be recommended for specialized circumstances based on a student’s individual needs and when it has been discussed and determined by the CPSE/CSE that the recommended special class size in the setting where the student will attend school, other natural supports, a behavioral intervention plan, etc., cannot meet these needs. Whenever a student is recommended for placement in a board of cooperative educational services (BOCES) or approved private school, the CSE should consult with the program regarding their staffing ratios prior to recommending a one-to-one aide in the student’s IEP. The staffing configurations in these programs are designed to fully support students with similar needs.

-          The potential benefits from assignment of the one-to-one aide and how these will be measured to determine continuation of the recommendation.

-          The potential negative impact of assignment of a one-to-one aide for the student (i.e. self-image, isolation and/or development of independence).

Questions regarding this memorandum may be directed to the Special Education Policy Unit at (518)473-2878 or your Special Education Quality Assurance Regional Associate at one of the following Regional Offices:

Central Region                        (315) 476-5081
Eastern Region                       (518) 486-6366
Hudson Valley Region           (518) 473-1185
Long Island Region                 (631) 884-8530
New York City                         (718) 722-4544
Western Region                      (585) 344-2002
Non-district Unit                      (518) 473-1185

To read more about the considerations for determining if a student needs a one-to-one aide, visit our blog and click here.

Personal care services, which are also called home attendant services, can greatly assist individuals affected by physical or mental impairments. Individuals who have excess resources or income can get the skilled advice of a New York Medicaid planning lawyer to access benefits and preserve assets. Once home care is authorized, an attendant can assist from 12 hours a week to around-the-clock care.

It is also important for people who have been denied benefits to have their case reviewed. An experienced Medicaid planning attorney can uphold an individual’s rights and ensure that the medical and financial information is complete when a hearing is needed to seek benefits the second time around. Hearings can also be expedited in certain circumstances.

Littman Krooks LLP counsels individuals and families on how to access Medicaid benefits and plan for comprehensive care and estate matters. Our New York City, White Plains and Fishkill Medicaid planning attorneys are well versed in state regulations, benefits, and asset protection. To learn more, visit http://www.littmankrooks.com/elder-law-medicaid-planning/.

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The Older Americans Act, which is part of the U.S. Administration on Aging, is a valuable resource that caregivers can connect to that offers caregiver support, home-delivery nutrition services, and specialized programs for Alzheimer’s disease, lifespan respite care, and community living assistance, for example.

Caregivers deserve a lot of praise and should know that there are resources in the health care, legal, and financial field that can help them adequately plan for their loved one’s long-term care. Various programs throughout New York help a caregiver address their loved one’s needs and also take the steps to help them plan for themselves.

New York law firm Littman Krooks LLP assists caregivers and their loved ones to plan for medical needs, estate planning and asset protection, and preservation of government benefits. Our New York City, White Plains or Fishkill elder law and estate planning attorneys are a trusted resource for many New York families.To learn more, visit http://www.littmankrooks.com/elder-law/, http://www.littmankrooks.com/estate-planning/ or http://www.elderlawnewyork.com

Previously, only probate assets were subject to an estate recovery of Medicaid costs. But now that joint accounts, annuities, life estate interests in deeds, and other assets are now subject to estate recovery, individuals and their loved ones need to get legal guidance to review their estate plans and protect their assets even more. The changes in New York are due to budget laws that were passed earlier in the year.

Since these regulations are so new, individuals should seek a qualified elder law attorney and estate planning attorney. If you already have a trust or deed with a life estate, a skilled estate planning lawyer can review your existing plans and assets too.

Littman Krooks LLP counsels individuals and families on how to access government benefits such as Medicaid while protecting assets. Our New York City, White Plains and Fishkill estate planning attorneys and elder law attorneys are accomplished in comprehensive estate planning including these new regulations, probate matters, and asset protection. To learn more about New York estate planning, visit http://www.littmankrooks.com/estate-planning/.

Being unprepared can particularly affect women more as they are often called on to be the caregiver and deal with health and financial problems of their own later on in life. When women can get education and legal guidance to prepare for their retirement and long-term care needs, they can lessen the risk of their golden years being a difficult time.

Having a skilled estate planning attorney review assets, health care needs, and end of life wishes can help women feel confident about the years ahead. Getting legal guidance early on will establish a roadmap to show a woman how to save for a comfortable retirement, prepare documents with the input of family members, and help a senior live more independently.

Littman Krooks LLP counsels individuals and families to create appropriate estate plans, plan for long-term needs and government benefits, and protect assets. Our New York City, White Plains and Fishkill estate planning attorneys and elder law attorneys are accomplished in asset preservation, trusts, and estate planning. To learn more about New York estate planning, visit http://www.littmankrooks.com/estate-planning/.

Owner of Sociable Kidz (Mamaroneck, NY)

As the owner of Sociable Kidz, a social skills group for kids, it is clear that children with low self-esteem are easy targets for bullying. Bullies like to take control and hurt others. They like to make others feel powerless. Bullies feel better about themselves when they put others down.

In my work I try to encourage children to “stand tall, be proud and confident” in themselves. Many children lack these abilities on their own due to being teased or bullied at one time or another. We do a lot of role-playing with the children. Someone will act out being the “bully” and the other children practice standing up for themselves. One way, is by using an I-statement (our favorite I-statements include, “I don’t like what you are doing! I want you to stop!”). It is not easy using an I-statement. We practice and practice until the children feel confident doing it themselves.

We write jokes together for the children to use as another strategy against bullies. I encourage my students to have one or two jokes at the tip of their tongue to use against someone who is being mean to them. Telling a joke in the middle of a confrontation really confuses the bully.

I teach my students to turn around an insult and give it right back to the bully. For example, as an adult, if someone tells me he/she doesn’t like my dress, it could bother me all day if I let it. I have learned to turn these types of statements around. I say, “I like my dress and I don’t care what you think about it!” I turn around and walk away. I have empowered myself by telling the “bully” how I feel. This is very powerful for young children to master.Children need to feel good about themselves and have the inner confidence and self-esteem in order to stand up to a bully.

Listen to Susan’s full podcast on “Peace of Mind with Bernie the Attorney” by clicking here. For more information about Sociable Kidz, contact Susan Hendler at 914-502-3295 or visit www.sociablekidz.com.

Even though there might be certain health and education challenges that individuals with Down Syndrome must overcome every day, great strides have been made to help them lead healthy, fulfilling lives in the greater society. Access to government benefits, a free and appropriate public education, therapeutic recreation, and other mobility services are available to people with Down Syndrome and their loved ones who are looking to provide the best living environment.

A recent success story shows how much individuals with Down Syndrome can achieve. A 31-year-old Minnesotan man with Down Syndrome was able to move out of a group home he lived in for 10 years to his very own townhome. In the townhome setting, he is able to decrease the need for around-the-clock care by 25 percent. He is able to do this by having the home wired by Sengistix, a health and safety technology company. Sensors on the front door, bathroom door, stove, under the mattress, and on a cedar box that is his medicine cabinet are all connected to alert his parents, remote caregivers, and townhome maintenance staff should he fall, open the front door after 11 p.m., or forget to take his medicine. By being on his own for an increased amount of time, he is gaining more confidence and life skills.

Littman Krooks LLP counsels individuals with Down Syndrome and their families to get the federal and state support services their loved one needs. Our New York City, White Plains and Fishkill special needs planning attorneys assist in education planning, health benefits, and innovative resources for individuals with Down Syndrome. We believe in helping clients build a strong foundation for their child’s well-being and optimal independence. To learn more about New York special needs planning, visit http://www.littmankrooks.com/special-needs-planning/ or http://www.specialneedsnewyork.com.

Unless a doctor has cleared the patient and has informed all parties in a sufficient manner, a CHHA cannot cut services without warning. If a CHHA is illegally doing this, they can receive violations for not adhering to state regulations and policies. Individuals and their loved ones can seek to have a fair hearing about the issue. Until a decision is made at the hearing, home health care must continue.

Some CHHAs are blaming the changes due to Medicaid payment cuts or state budget constraints. But state law specifically says that, “Agencies may not discriminate against a patient based on source of payment, and may not diminish nor discontinue services solely because of a change in the patient’s source of payment.” Around-the-clock care is still available for patients who receive a doctor’s orders for this type of care.

When patients are able to complete daily tasks on their own again and a doctor has approved this, a CHHA must follow defined procedures to discharge the patient from the home health care plan. This is also a critical component of the Medicaid home care procedures.

People who have had services unjustly cut or diminished need to contact a New York elder law attorney or New York special needs attorney. New York law firm Littman Krooks LLP excels in helping the elderly and people with special needs get their present and future needs upheld.

Our New York City, White Plains or Fishkill Elder Law and Special Needs attorneys have substantial experience in standing up for your rights. To learn more, visit www.elderlawnewyork.com.

Especially for seniors on Medicaid, there are important considerations to take before moving into a nursing home. Many seniors own a home, and depending on what is done with a home before moving into the nursing home can greatly affect their assets. Before deciding on selling the family home or transferring it to a family member, it is critical to speak to a qualified estate planning attorney.

Transferring a home can incur penalties unless the home is transferred to a spouse, disabled child, specific trusts, a sibling with an equity interest in the home, or a caretaker child. There are strict rules of how long siblings and caretaker children must have lived in the home prior to an individual going into a nursing home. If a transfer or sale of home is done incorrectly, it can hurt a person’s Medicaid eligibility and make them have to pay nursing home costs on their own. Some transfers also have a Medicaid penalty period that is equal to the value of the transferred asset divided by the state’s average pay rate for nursing home care.

After a loved one passes away and if the home is not properly accounted for, the state can come after an estate or put a lien on the home for benefits given for the senior’s care. Skilled Medicaid planning attorneys know how to protect assets, the family home, and keep loved ones from incurring unjust hardships.

New York law firm Littman Krooks LLP assists seniors and their families to plan for nursing home needs, estate planning and asset protection, and preservation of Medicaid and government benefits. Our New York City, White Plains or Fishkill Medicaid planning attorneys are a trusted resource for many New York families. To learn more, visit http://www.elderlawnewyork.com or http://www.littmankrooks.com/estate-planning/.

In 2012 all SNPs will have to be approved by the National Committee on Quality Assurance. CMS wants to monitor the strengths and weaknesses of SNPs with these new requirements. By 2013, private Medicare plans that help low income patients who are dually eligible must enter into contracts with state Medicaid agencies.

For patients with Alzheimer’s disease and their families, this news is encouraging and stands to improve the quality of care for this disorder that affects millions of elderly Americans. September is World Alzheimer’s Month and highlights the fact that the condition involves very expensive health care, coordination of government benefits, and an extended network of family and friends to support the individual and his or her caregivers.

A part of the CMS changes also eliminates Medicare prescription drug Part D enrollment penalties for patients who delay enrollment. Also, insurance agents and Medicare Advantage and Part D brokers have more regulations against switching coverage plans and giving out marketing gifts.

The New York special needs law firm Littman Krooks LLP has extensive experience with individuals with Alzheimer’s disease and helping their families take advantage of government benefits as well as proactively protect assets and plan for long-term care needs. Their New York City, White Plains or Fishkill Special Needs attorneys are skilled in assisting people with chronic conditions and disabilities. To learn more about New York special needs planning, visit http://www.littmankrooks.com/special-needs-planning.

IRAs vary depending on which style you have. Roth IRAs are not tax-deductible and when it is time to withdraw the money at retirement age, taxes will not be taken. Individuals are not forced to take monies out at any age. And with a Roth IRA, your heir can withdraw monies tax-free over their lifetime. A traditional IRA is tax-deductible and withdrawals are subject to income tax. Minimum distributions must start at the age of 70 ½.

Naming your beneficiary is the number one priority, not only when the IRA is set up, but modifying it as necessary when big life events happen. Especially for individuals who want to give monies to a child with special needs, minor children, or other special circumstances, an IRA can designate a trust as a beneficiary. Proper documentation with the assistance of an estate planning attorney will ensure that the monies can go to a child with special needs and still maintain his or her government benefits.

Littman Krooks LLP counsels individuals and families to minimize taxes, probate expenses, and carry out the legacy they want to leave to their beneficiaries. Our New York City, White Plains and Fishkill estate planning attorneys and elder law attorneys are accomplished in asset preservation, trusts, and estate planning. To learn more about New York estate planning, visit http://www.littmankrooks.com/estate-planning/.

People often incorrectly assume they will outlive their pet, or that a friend or family will take care of their pet when they are gone, according to Anne Culver, director of Disaster Services for the Humane Society. Formal provisions can ensure a pet will receive proper care in a loving home after its owner has passed away.

It is important to outline a temporary plan for a pet before even drafting a long-term plan. Estate plans can take time to carry out, especially if they are contested, but pets need daily care and immediate attention. A designated friend, family member or neighbor can ensure a pet’s needs are met while an estate plan is being carried out.

Formal, long-term arrangements for a pet can be created with the help of a lawyer in the form of a special will, trust, or other document. When selecting a caregiver, seniors should consider close family or friends who have met the pet and who have successfully cared for a pet of their own. If an estate plan includes more than one pet, they should be kept together, especially if they have bonded. Seniors should keep in contact with potential caregivers over time to ensure that their circumstances have not changed, and they are still willing to care for the pet.

In the event that a caregiver cannot be found, the executor of a will can be authorized to find a satisfactory new home for a pet. This may take time, so careful instructions and proper funding are paramount. An estate plan can include funding for a pet’s temporary and permanent expenses.

A trust for a pet may also be set up as an alternative to a will. Unlike a will, which only takes effect upon death, a trust goes into effect as soon as a senior becomes incapacitated. This means that a pet can be cared for immediately.

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

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In Estate of Olivo v. Commissioner (U.S. Tax Ct., No. 15428-07, July 11, 2011), the Tax Court ruled that the costs of a family member taking care of their parent can not be written off when there is an oral agreement. A family member can deduct the expenses incurred in taking care of their loved one when there is a written agreement between the two parties. Anthony Olivo said he and his mom had an oral agreement that she would repay him from her estate for taking care of her. From 1994 to 2003, he halted his law career and incurred $1.25 million in costs taking care of her. The Internal Revenue Service (IRS) and the Tax Court would have allowed this write off had there been a written agreement regarding this.

The second court case of Estate of Lillian Baral (U.S. Tax Ct., No. 3618-10, July 5, 2011) involves a woman with dementia that needed around-the-clock care per the recommendations of her doctor. Lillian Baral needed full-time supervision because of this cognitive impairment, so her son employed caregivers to help her. After she passed away, her estate appealed the expenses for her caregivers as the IRS initially denied the deductions for long-term care.

The U.S. Tax Court ruled that the care qualified as a deductible expense because her doctor authorized the need for long-term care. The caregivers did not have to be medical personnel. Medical care expenses can be written off when itemized taxes are done. In 2011, long-term care expenses can be deducted when costs exceed 7.5 percent of adjusted gross income. In 2012, this will increase to 10 percent.

Individuals and their loved ones should seek legal counsel early on when long-term care expenses become a reality. Proper estate planning to protect assets, plan for special needs, and utilize government benefits is critical.

A knowledgeable New York City, White Plains or Fishkill Elder Law lawyer will greatly assist you and your loved one to create a comprehensive plan to account for all the matters that come up with long-term care needs.

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

“Increasingly, evidence is accumulating that overt symptoms of autism emerge around the end of the first year of life,” the researchers wrote. “…[W]e hypothesize that at least some of the environmental factors impacting susceptibility to autism exert their effect during this critical period of life.”

Autism rates have exploded since the 1980s, when one in 10,000 children developed autism. Now, one in every 110 children is likely to develop autism, according to the CDC. Researchers have been trying to locate a gene in the human body that acts as a “switch” to turn on the disorder, but have been largely unsuccessful. Advocacy groups like the National Autism Organization say that a genetic cause cannot fully explain the massively increased rates of the disorder, and that environmental factors are likely to play a major role.

Some studies have sought to tie the increasing autism rates to vaccinations that most infants receive. These studies have been inconclusive, and fraudulent in one famous case, but may receive revived interest based on the NIH study.

The Combating Autism Act, passed by Congress in 2006, directed the NIH to research any possible environmental causes of autism. But in 2009, only 9 percent of research funding was spent on environmental causation, according to the National Autism Association.

To learn more about New YorkSpecial Needs visit http://www.littmankrooks.com or www.specialneedsnewyork.com

Social Security payments for August 3, 10, 17 and 24^th will be made on time and as scheduled. People that receive paper checks can sign up for Direct Deposit.All current beneficiaries must switch to electronic payments by March 1, 2013.

Seniors who use PACE are assessed by a team consisting of professional and paraprofessional staff. The team creates a care plan tailored to an individual senior’s needs and delivers many services to the senior’s home, including acute care services and nursing facility services. Other social and medical services are completed in an adult day health center. These include adult day care, dentistry and prescription drugs.

To qualify for PACE, seniors must be at least 55 years old, qualify for Medicare or Medicaid, live in an area serviced by PACE, and be eligible to receive nursing home care from an appropriate state agency.

Seniors who use PACE pay a monthly premium, but all Medicare services are covered if the senior is eligible. The premium amount is dependent on the senior’s financial situation. Medicare also covers a small portion of the monthly premium.

The Balanced Budget Act of 1997 founded PACE as a national service and established it as a permanent part of the Medicare program. A similar program operated in California as early as the 1970s. The program is currently available to all eligible seniors near one of its 75 centers in 29 states.

In New York, the law firm of Littman Krooks LLP features Certified Elder Law Attorneys nationally recognized by the National Elder Law Foundation who can help seniors plan for their futures. To learn more, visit http://www.elderlawnewyork.com/blog/ or call 914-684-2100.

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

The results were released just days before World Elder Abuse Awareness Day, a worldwide effort to bring attention to elder abuse and neglect that takes place annually on June 15.

The study warned that women between the ages of 80 and 89 who live alone and require some type of outward assistance are the most targeted victims of financial abuse in the United States. Men between the ages of 30 and 59 accounted for 60 percent of crimes against the elderly.

According to the study, 51 percent of all instances of financial abuse of the elderly are crimes committed by strangers. Approximately 34 percent come from family, friends or acquaintances. This figure is a decrease from the estimated 55 percent in 2008. Crimes classified as “scams” committed by strangers accounted for 28 percent of all financial abuses, business-related exploits made up 12 percent, and Medicare and Medicaid fraud accounted for 4 percent of cases.

The study found that the majority of cases involved strangers who exploited seniors with visible vulnerabilities, such as the use of a cane, a handicap tag hanging in a vehicle, or clear signs of confusion. These cases tended to involve physical assaults, purse snatchings or cons.

When family or friends were involved in elderly abuse, the study found that most cases involved forged checks, stolen credit cards, drained bank accounts, and transferred assets.

MetLife conducted the study by analyzing news articles that referenced financial abuse of the elderly and extrapolating data from the findings.

To learn more about New York elder law, New York estate planning, visit http://www.elderlawnewyork.com

Most of them, at some point, will develop a chronic disease or disability. So who will call the  insurance company or ensure that they’re taking their medication?  Most in-home care for the elderly is performed by family members. Hospital stays are getting shorter, driven by cost-saving initiatives, making it even more likely that these seniors will need outside help at some point in their lives.

Their options include friends, paid caregivers and government-sponsored social services. There may be an increased need for long-term care insurance to cover in-home, as well as nursing home, services. And more advance directives are likely to designate friends as health and financial decisionmakers.

Stories are beginning to appear about women building networks of close friends to share household and home care costs, to advocate for one another, and to provide the emotional support that might otherwise come from a spouse or child.  So far, it appears, men have  been less likely to test such situations.

One problem is that such measures are largely unprotected by law.  The Family Medical Leave Act, for instance, provides no benefits to individuals who may wish to care for a grievously ill friend.

There is also little guidance on how to financially structure such mutually supportive arrangements. There’s an emerging movement, though, that seeks to change that.  Some legal scholars are  espousing the establishment of “friendship law,” which would confer certain rights upon “designated friends”  who play a significant caregiver role—including hospital visitation,  tax breaks and claims to an estate if no will has been established. This is, to say the least, controversial.

On the other hand, when the nuclear family can’t provide an answer, what sort of “caretaking community” can step in? There’s  research to support the important role that friends play in the aging process.  Studies indicate that, especially for seniors, having friends can improve both physical and mental health.  It reduces stress, correlates with better immunity and may even be a factor in women’s longevity, given their .greater likelihood of having strong social networks. Ethan Leib, who teaches law at the University of California at Hastings, points to public savings that accrue when friends step in during illness and other emergencies.

Boomers have repeatedly changed our culture. Although childless seniors would seemingly be at greater risk than others, research indicates that –so far—they do not receive less care or enjoy life less than their counterparts.

Do you know someone in this situation? How is that individual planning for the likelihood that, at some point, outside help will be needed?

For more information, visit www.elderlawnewyork.com or www.littmankrooks.com.

As the spring season comes to a head, it is time to start thinking about summer services for students with disabilities.  Designed to assist in the maintenance of skills your child learns during the school year, extended school year services, or “ESY,” is available under the IDEA Regulations (34 CFR § 300.106) and offered pursuant to your child’s IEP.

In addition to regression and recoupment (i.e. is the child likely to lose critical skills or fail to recover these skills within in a reasonable time), whether the IEP team will determine that ESY is appropriate for your child will depend upon a number of factors, including but not limited to your child’s behavioral and physical impairments; his or her rate of progress; and the availability of resources.  The IEP team will also consider your ability, as Parents, to provide the structure your child needs at home.  It is important to keep in mind that ESY cannot be limited to particular disabilities or types of services.

While the school district will cover the cost of ESY, it is important to keep in mind that not all students will qualify for the service.  ESY is not “summer school.”  It is a service offered to students with disabilities who, in the past, have shown regression during vacations or other extended breaks from the school year.  As parents, note when you see a regression in skills, and when your child’s teachers or providers indicate to you that they see regression.  For example, it is necessary for your child to re-learn certain skills after the winter or spring breaks?  It is important to collect and compile information and documentation to support this regression so that the IEP team may consider ESY for your son or daughter.

Lauren I. Mechaly is an associate attorney at Littman Krooks LLP who focuses her practice on special needs planning, special education advocacy and elder law. For more information, please visit www.specialneedsnewyork.com or www.littmankrooks.com

The Importance of Proper Advance Health Care Directives

By Bernard A. Krooks

Recently, discussions in health care legislation have brought up the need for individuals to consider advance health care directives.  It is important that these advance directives be thorough, so that they do not conflict with an individual’s wishes or a designated surrogate health care proxy’s decisions.

Thinking about the medical care and treatment one might want or need in the future is often a difficult task, as it requires individuals to seriously consider unfortunate circumstances.  However, it is important that all individuals over 18 prepare advance health care directives to ensure that their wishes are being fulfilled in the event of an emergency.  In the absence of advance health care directives, emergency medical treatments have left as many as 30,000 individuals in a permanent comatose and vegetative state.  Due to these emergency treatments, as many as two million Americans have been confined to nursing homes, resulting in a major financial burden on loved ones.  By failing to plan for life-changing situations, millions of individuals leave themselves exposed to prolonged, painful treatments.  What is more, their loved ones may become exposed to financial difficulties and emotional conflicts.  Establishing advance health care directives will ensure that these issues do not arise.

There are several different forms of advance directives.  The most common, a Living Will, is also the oldest form of an advance directive.  In a Living Will, an individual may express his or her wishes to avoid certain types of medical treatment, citing quality of life issues or religious conflicts.  Living Wills may also designate an individual’s desire to avoid lifesaving measures, such as tube feeding or resuscitation, in the event of a terminal illness.

Other forms of advance health care directives include establishing a durable power of attorney and health care proxy.  Recently, the State of New York has begun requiring that durable powers of attorney be notarized.  New York also requires that powers of attorney be witnessed by the persons taking on those responsibilities.  It is also important that an individual’s wishes be thoroughly discussed with the designated power of attorney, in case the durable power of attorney is forced to make a decision due to an unforeseen circumstance.

When creating advance directives, it is important that an individual consult a professional.  Without having someone with experience guiding the process, important elements could be left out, causing an individual’s wishes to be ignored or a conflict to be created among family members.

Bernard A. Krooks, JD, CPA, LLM (in taxation), CELA, and a nationally known and widely quoted expert on elder law.

For more information regarding advance directives, visit www.littmankrooks.com, www.elderlawnewyork.com, or www.specialneedsnewyork.com. For more information about National Healthcare Decisions Day, visit www.nationalhealthcaredecisionsday.org.

Testators may account for these occurrences while drafting the will and follow steps to make a will contest less likely to succeed.

Ensuring a will is properly executed can severely limit the ability for a will contest to succeed. An experienced elder law or estate planning attorney can assist with this process and verify that a will is executed according to the law.

A no contest clause, or in terroreum clause, is a provision included in a will that can be used to strip the inheritance from anyone who contests the will if that person loses the lawsuit. A disgruntled family member will often not risk losing his or her inheritance over a perceived injustice in the will and will choose not to contest it.

Proving competency at the time the will is drafted may prevent a will contest over the testator’s mental capacity after he or she has died. Drafting attorneys can check for competency by sending the testator to a doctor or by asking the testator a series of questions. A videotape of the testator signing the will may help to show the court that it was signed freely and with the requisite mental capacity to agree.

Explaining the will to family members or leaving a related letter to be read after the testator’s death often goes far in assuaging family members and preventing will contests. Explanations for how provisions were distributed may help an inheritor to understand why he or she should not feel slighted.

To remove the possibility of allegations of undue influence, the testator should draft the will independently and without family input, especially if the testator is under the care of another family member.

For more information about will contests or to limit the possibility of a will contest, contact an experienced New York estate planning attorney or New York elder law attorney. Visit www.littmankrooks.com or www.elderlawnewyork.com for more information.

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.

From Devastation to Acceptance to Advocacy:

The Journey of a Mother & Attorney Through the Maze of Autism

By Sheryl R. Frishman, Esq.

I could take you back further in my life, but I feel as though my true life began in the year 2002 when my son, Aaron, was diagnosed with Autism.

I will digress a bit to my earlier life, as it will set the stage for my journey.  I grew up in a loving family and my childhood was what some would consider entitled.  I was a good student, had friends, went to a good college and found a meaningful career path in law school.  I was married to another attorney in 1996, moved to Westchester shortly thereafter, and had a wonderful career as the senior associate attorney in a prominent law firm where I managed the elder law department (which interestingly enough was a practice devoted partly to representing the rights of families with disabled children and parents).  In March of 2000, my life changed, as I gave birth to beautiful twins, Aaron and Rebekah.  They were relatively healthy babies.  However, Aaron was born with one enlarged kidney which when tested was benign, and was put on an antibiotic prophylaxis which was to prevent any urinary tract infections which could possibly irritate his kidney.  He also suffered from colic, had reflux, and had many ear infections. I do not remember much about this wild time, but I was a career woman and went back to work when the twins were four months old.  Everything was progressing nicely, the twins hit all their milestones in a timely fashion, and I was balancing my family and career well.

Nevertheless, at about 13 months of age (incidentally right after Aaron’s MMR vaccine), I began to notice that Aaron was acting differently than other children.  He was difficult to engage and loved to line toys up in an order that really only made sense to him.  He was not speaking, and was quite happy to be left completely alone in the corner of a room with books.  I was told by his pediatrician, and my family, that he was fine and just progressing slower (boys are supposed to do that).  So I left it alone for a few months hoping they were right but in my gut knowing that there was something wrong.  In the meantime, I became pregnant again and was working and trying to balance my busy life.

When Aaron was about 20 months old, a friend of mine, who is a speech therapist, told me that she thought that Aaron should be evaluated by early intervention because she was noticing strange behavior.  Again, I took Aaron back to the pediatrician, who told me to say “earth to Aaron” to get his attention, and that this type of behavior was not uncommon for boys.  Nonetheless, when Aaron was two years old, I could stand over him and try to make eye contact with him but he would always look away.  Finally, I took him to be evaluated by speech and occupational therapists and a psychologist.  They told me at the end of the arena evaluation that Aaron had Autism.  This was a day I will never forget.  I was numb.  When I spoke to my family and spouse, they all tried to convince me that he may have some Autistic features but would ultimately be fine.

Here started my insanity.  Six months pregnant, I left my job, and became a full time advocate to “cure” my son and became a “stay at home” mom.   I researched Autism and left no stone unturned.  I quickly went to see all sorts of doctor “specialists” – developmental pediatricians, neurologists, psychiatrists, allergy and immunologists, and alternative practitioners.  There was only one consensus amongst them all – that my son was profoundly Autistic, Apraxic, had sensory dysfunction, an auditory processing disorder, ADHD, and was possibly “mentally retarted”, and in order for him to make any progress he was going to need intense therapy (more than 40 hours per week) in all aspects of development, possibly medication, drastic change in diet etc. etc. etc.

Well….. I did everything that I could, some that made sense and some not so much and anything that I could afford.  I got him intense therapy both at home and at school, got specialized behavioral therapy, specialized speech therapy for Apraxia, sensory OT, listening therapy, considered and tried medication, and started a restricted gluten casein free diet.  I researched the causes of this disorder, and found that along with genetics, that there were several environmental factors that could have contributed to Aaron’s Autism including the antibiotics he was on since infancy, toxic mercury in his vaccines, and mercury that I could have ingested while pregnant.  Finally, a remarkable service plan was put into place for Aaron and I spent my days taking him from therapy to therapy, my nights awake researching about Autism (and being with Aaron – because he never slept) and worried about the baby that I was carrying (who I knew was a boy), and my daughter, Rebekah, who was not getting the attention she deserved.  I paid no attention to my husband, who was working endlessly to provide for our family and dealing with a crazed wife and his own feelings about the situation,  I also paid no attention to myself and was on auto drive to make my son as well as he could be.  Everywhere I turned there was a different program or a different treatment for Autism.   I tried any of them that made sense to me and that I could afford, and I craved one place that a parent could go to get all of the answers but there was none  – so I started compiling a list of programs and services for families myself.

When my second son Zachary was born in July, of 2002, Aaron was already deep into his therapy and progressing slowly but nicely.  Thank goodness that Zack was a good baby.  So the dust cleared, and it was time for me to mourn – mourn the loss of anything “typical” in my life, mourn the loss of the intimacy with my husband, mourn the loss of my career, mourn the loss of myself, and mourn for Aaron.  The best thing that I did personally that really saved me was to enter into therapy for myself.  This helped me to accept the diagnosis, cry, express anger, resentment, blame, jealousy and work through these emotions and realize that my son is who he is.  It helped me realize that my mission was not to cure his Autism, but to do what I could to make his life as fulfilling as it could be and give him every opportunity that he should have to find happiness as he is without neglecting myself and my family.  I also realized that only when I became part of Aaron’s therapeutic team would he truly progress.  I also joined a support group of women who had similar issues to me and this helped me cope and be a better parent.  So instead of wishing for something that was unlikely going to come true – a cure – I began to examine the disability world and see what was out there for my son in the present and in the future.

I became active in organizations that I knew could help my child now and in the future.  I helped raise money for NAAR (the National Alliance for Autism Research) – Now Autism Speaks – and have had a large team – “Aaron’s Army”.  I joined the board of directors at Arc of Westchester – where I was able to experience the full lifecycle of a disabled individual.  Through Arc of Westchester, I found that my child, although disabled, could live a happy and productive life, could have a job, a wonderful place to live, terrific activities, and wonderful people to help care for him.  I serve on the board of other organizations that represent the needs of people with disabilities, speak endlessly to organizations, and   also helped to develop programs for disabled children in areas of need in Westchester County and New York State.  Through my involvement with these various activities, I learned so much about the system and really made it my mission to improve it as best as I could so my son and other children like my son could lead happy and productive lives.  I then met a woman, who similar to me, is an attorney and has three children, one of whom is profoundly disabled.  We discussed that there was really not one place for parents of special needs to get all of the legal services that they need to navigate the complicated special education and disability law system.    There are some law firms that do primarily special education advocacy, and some that do the estate planning, and some that do public benefits and guardianships.  But there was no “one stop shop” for families where all the needs of their disabled children could be met in one place.  Thus, the birth of my fourth child – my current law practice which I began in 2005.

Currently I practice at Littman & Krooks, LLP, which specializes in providing expert counseling and quality advocacy for the unique needs of children and adults with special needs from birth through adulthood.   I have found that my skills and experience (both professional and personal) enable me to serve as a resource for families of children and adults with special needs in varied settings.  From assistance in obtaining appropriate special education services, to helping families obtain guardianship over their disabled relatives, to navigating the maze of public benefits, to special estate and financial planning, Littman Krooks is there for all of the legal aspects of having a child or relative with special needs.  The special education system is a difficult one and it is part of the mission of the team I work with at Littman Krooks to empower parents and teach them their rights and how to advocate for their children so they will receive the free and appropriate services that they deserve from their school districts.  Parents of children with special needs also need help transitioning from school to adult life and assistance with what that entails, including guardianship and the school districts responsibility in proper transition – the team at Littman Krooks helps families with this as well.  There is also a whole world of public benefits and resources available for children and adults with special needs but the system is very difficult to navigate for parents and many families are not even aware that they are eligible for these services.  Additionally, the scariest thing for any parent is what is going to happen to our child if something happens to us how and who will take care of them.  The team at Littman Krooks assists families in specialized estate and disability planning and helps them secure a bright future for their child or relative.  I am so happy that I am able to be part of the team at Littman Krooks that does this important work for families, and help them through a legal system that is sometimes unjust to people with disabilities and frankly does not make very much sense.

At this time, my son Aaron is doing beautifully.   He is speaking, and is a happy and engaged little boy.  He has far exceeded my expectations based on what the professionals first told me.  He is a remarkable little boy.  He still has Autism and always will, but has improved dramatically.  I know that whatever he chooses to do in his life he will be happy – maybe it won’t be “typical” but it will be what is right for him.  As for my other children, my youngest son was diagnosed with some developmental delays that are not as profound as his brother, and my daughter is adjusting to the special needs world herself with a support network that I have assisted her in setting up. Are there still days that I get sad and worn out by my family’s situation – of course – but I am so proud of my children and thank God and Aaron everyday for guiding me to be a better mother, showing me that I have a strength I never thought I had, and helping me find a purpose in my life that fulfills me and will help other families like my own.

Sheryl Frishman, Esq., is Of Counsel to the law firm of Littman Krooks LLP. Her practice is devoted entirely to the advocacy and life planning needs of children and adults with disabilities and their families.Sheryl also currently serves as President of the Board of Directors of Westchester Arc, the largest agency serving people with developmental disabilities and their families in Westchester County, New York.

In response to the recent article “Special Education for Schools a Delicate Balancing Act,” attorney Adrienne J. Arkontaky, Esq., partner at the law firm of Littman Krooks LLP has stated:

“It is imperative for lawmakers to understand the ramifications of cutting back funds for special education.  The IDEA and Part 200 of the Regulations of the Commissioner of Education in New York provide for services to allow children with special needs to make “educational progress.”  This includes not only the most needy students but those with mild disabilities.  Many children who are classified with disabilities and receive special education services early on, go on to college and do incredibly well because those special education services were provided.  We cannot take shortcuts as the long term effects of reducing funding of special education services will affect society for years to come.”

To find out more information, visit www.littmankrooks.com.

Adrienne J. Arkontaky, Esq, is a Partner at the law firm of Littman Krooks LLP.

On February 1, 2011, a Manhattan Federal Court Judge rendered a decision in D.A. v. New York City Dept. of Education, 09 Civ. 5097 (S.D.N.Y. Feb 1, 2011) that reaffirmed a family’s right to seek and obtain “direct” tuition funding for a private school education where the family proves that the local school district failed to provide a free and appropriate public school education (FAPE) to the student.

For many years, the courts have generally recognized the right of parents to seek reimbursement of private school tuition under the Individuals with Disabilities Education Act (IDEA).  However, parents who could not financially afford to pay the cost of private school have relied on an Impartial Hearing Officer, State Review Officer or federal court, to order a school district to pay the tuition directly to the private school when a determination has been made that the local school district did not provide a FAPE to the student.

In this case, although the New York State Office of State Review held that there was no legal right to obtain direct tuition payment under the IDEA statute, in his recent decision Judge Gardephe stated:

“A contrary ruling would be entirely inconsistent with IDEA’s statutory purpose, including the goal of ensuring a FAPE to the least privileged of the disabled children in our nation.  Such a ruling would also be irreconcilable with decades of case law…holding that the exercise of rights under IDEA cannot be made to depend on the financial means of a disabled child’s parents.  Limiting the right of unilateral withdrawal…only to those with the financial means to pay the cost of private school tuition…is entirely antithetical to IDEA’s universal guarantee of a ‘free appropriate public education’ to all children with disabilities, regardless of means.”
The type of funding addressed in this recent decision is typically known as “Connors” funding where a school district is ordered to pay the cost of tuition and related costs  directly to a private school.  Tuition reimbursement to a parent who has already paid the cost of private school tuition is typically referred to as “Carter” funding.

Although NYCDOE may very well elect to appeal this case, we believe at the present time, this decision is a very welcome win for parents who continue to advocate for an appropriate education for children with special needs.  It sends a message that all children, regardless of their economic status should be afforded a free and appropriate education.

Supplemental Security Income, or SSI, provides monthly payments for children with disabilities who are under 18 who meet the government’s definition of disability, and who have little or no income and resources.  The amount of SSI that the child will receive varies by state.  To qualify, the household’s total income and resources must be below a certain amount, and the child cannot earn more than a certain dollar amount each month.

Social Security Disability Insurance, also known as SSDI, provides benefits to disabled or blind persons who are “insured” by workers contributions to the Social Security trust fund. These contributions are based on the individual’s earnings or the earnings of the spouse or parent according to the Federal Insurance Contributions Act (FICA). Title II of the Social Security Act authorizes SSDI benefits. Dependents of those insured under SSDI may also be eligible for these benefits.

Medicaid can provide access to health care to children with disabilities. Some states will approve a child for Medicaid if he or she is already receiving SSI. Other states require a separate application process. However, SSI is not a prerequisite for Medicaid.

Families with slightly higher incomes may qualify for State Children’s Health Insurance Program (S-CHIP), which covers a wide variety of health care needs. S-CHIP is a good alternative for families who do not meet the requirements for Medicaid, but who cannot afford to pay for private insurance.

There may be other financial and health care assistance options available depending on your state. If you are a parent who would like more information about financial and health care options, contact an experienced special needs planning attorney.

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Although there is a relationship between the two statutes, they have different objectives. Section 504 is intended to eliminate barriers that exclude persons with disabilities or, in other words, to create a level playing field. This federal law is designed to protect the rights of individuals with disabilities in programs and activities that receive federal funds from the U.S. Department of Education. Section 504, in part, reads: “No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination.”

Section 504 is meant to eliminate hurdles, whereas IDEA is meant to give children with special needs the services they require to succeed in school. Some describe its motives as being similar to affirmative action. It goes beyond granting equal access to students with disabilities by also providing additional special education services and procedural safeguards.

IDEA entitles a child suspected of having a disability to a comprehensive evaluation by a multi-disciplinary team provided at no cost to parents. If the child is determined to need special education and related services, an Individual Education Plan (IEP) will be implemented, based on the specific needs of the child as decided by the team, including parents.

If you are a parent who suspects that your child is not being treated in accordance with Section 504 and/or IDEA, contact an attorney with experience in special needs issues.

To learn more about New York special education advocacy, New York special needs planning, or New York estate planning, visit http://www.littmankrooks.com.

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.