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By Marion M. Walsh, Esq., Littman Krooks LLP All of us at Littman Krooks wish you a holiday season filled with joy, happiness and success.   We know how difficult this season can be for those with disabilities or illnesses who are alone, sad or isolated and for their caregivers.   During this time of year, especially, we remember all of those vulnerable individuals, particularly those who do not have the appropriate …

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Disclosing Disabilities in the Workplace

SSI and SSDI Claims

By Marion M. Walsh, Esq., Littman Krooks LLP Whether to disclose an invisible disability to a potential employer poses a challenge.  Disability information is confidential and potential employees may be concerned about discrimination during the hiring process if they disclose a disability.  While both employees and employers can benefit from disclosure and understanding, disclosing can also lead to potential discrimination that can be hard to prove. The London School of Economics …

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Employee Disability Benefit

By Marion M. Walsh, Esq., Littman Krooks LLP Since 1990, the Americans with Disabilities Act (ADA) has provided strong protections to people with disabilities, vastly improving the accessibility of buildings. Stores, restaurants and other businesses built ramps and made other accessibility changes because the law required the changes and the owners knew that courts would hold them accountable for violations. Now, some members of Congress want to make fundamental changes …

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College Transition

Most students with disabilities require related services to make progress towards their educational goals. A student’s Individualized Education Program (“IEP”) documents the related services that the student’s IEP team recommends. The School District must ensure that the student receives the full mandate of services. Frequently, and particularly within the New York City Department of Education, the School District is unable to fulfill a student’s full mandate. In these situations, the School …

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Special Education Law

By Marion M. Walsh, Esq., Littman Krooks LLP On October 2, 2017, the United States Department of Education Office of Special Education and Rehabilitative Services (OSERS) rescinded 72 Guidance Documents which explained regulatory obligations of school districts for students with disabilities. This rescission  has caused a public outcry due to its suddenness and lack of openness and explanation. Indeed, the Council of Parent Attorneys and Advocates (COPAA) issued a statement …

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By Erica Fitzgerald, Esq., & Stacy M. Sadove, Esq., Littman Krooks LLP On Tuesday October 5, 2017, the Appellate Division, First Department issued a unanimous decision overruling an earlier decision by Justice Alice Schlesinger in an Article 78 proceeding between the Public Advocate of the City of New York and the City Department of Education Chancellor Carmen Farina.  The matter before Judge Schlesinger centered on the safe transportation of students with …

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When Bullying Turns Deadly

by Stacy M. Sadove, Esq., and Erica M. Fitzgerald, Esq., Littman Krooks LLP On Wednesday, September 28, 2017, an 18–year-old student at the Urban Assembly School for Wildlife Conservation in the Bronx allegedly stabbed two fellow students. This resulted in one student’s death and left the second student in critical condition. Early reports indicate that the alleged attacker had been the subject of repeated bullying by the stabbing victims.[1] Recent …

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New York Paid Family Leave

Beginning January 1, 2018, private employees in New York State will be covered by the state’s paid family leave program. Gov. Andrew Cuomo signed the family leave bill into law in 2016, along with a $15 minimum wage bill. The governor’s office described the legislation as the nation’s most comprehensive and strongest paid family leave policy. Here is what you need to know. Who is eligible? Nearly all private employees …

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A supplemental needs trust is an important tool that can be used to make sure a child with special needs has access to the services and care he or she requires. Establishing a supplemental needs trust as a part of an overall financial plan is one step in providing a solid base of lifetime support. Once a child turns 18, his or her income will be used to determine eligibility for public benefits such as Medicaid and Supplemental Security Income (SSI). Earning too much will lead to the loss of these important benefits. However, funds paid into a supplemental needs trust will not be counted as income and, therefore, will allow an individual with special needs to retain public benefits.

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Special Education Law

By Marion M. Walsh, Esq. The proposed American Health Care Act Law, which just passed on May 4th by the House of Representatives, if approved by the Senate, will have a significant impact on school services for students with disabilities. The House bill proposes cuts to Medicaid of $880 billion, over 10 years. School districts currently receive about $4 billion in Medicaid reimbursements and will face cuts in already tight …

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