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Elder Law & Estate Planning

A terminal illness diagnosis is traumatic for the ill person, caregivers, and loved ones. To that end, my clients have found this list particularly helpful, and I hope you do too.
Elder Law & Estate Planning

Planning Tips When Confronted with a Terminal Illness

The Special Needs Alliance’s new issue of The Voice® is written by fellow SNA member. Nicola Melby of McCarthy Summers Wood Norman Melby & Schultz, PA in Stuart, FL. The firm serves Martin, St. Lucie, Indian River, Okeechobee and Palm Beach counties in Florida in the areas of elder & special needs law, estate planning, guardianship, and wills…

SSI is a federal program that provides financial assistance to individuals with disabilities, low-income individuals over the age of 65, and certain blind individuals.
Elder Law & Estate Planning

Applying for Supplemental Security Income

By Brian L. Miller, Esq. What is Supplemental Security Income? Supplemental Security Income (SSI) is a federal program through the Social Security Administration (SSA) that provides financial assistance to individuals with disabilities, low-income individuals over the age of 65, and certain blind individuals. To be eligible for SSI benefits, one must meet the following requirements:…

The public health emergency ended on May 11, 2023, and as recently as March 2023, Medicaid has been sending Medicaid recipients a recertification application. The automatic renewal is has ended. Medicaid recipients must submit the recertification with the required documentation on time or else Medicaid can be discontinued. For anyone who applied for Medicaid during the public health emergency, this will be the first time they need to recertify, and this may come as a surprise to many Medicaid recipients.
Elder Law & Estate Planning

Medicaid Recertification

By Joel Krooks, Esq. Prior to March 2020, Medicaid recipients had to recertify for Medicaid every year. However, from March 2020 to March 2023, Medicaid cases were automatically extended because of COVID-19 and the public health emergency. The public health emergency ended on May 11, 2023, and as recently as March 2023, Medicaid has been…

The following is a summary of current bills the SNA is tracking which may benefit individuals with disabilities, and aging clients.
Elder Law & Estate Planning

Special Needs and Elder Law Proposed Legislation of Interest

By: Amy C. O’Hara, CELA I recently attended the Special Needs Alliance meeting. The Special Needs Alliance (SNA) is a national organization comprised of attorneys committed to the practice of disability and public benefits law. This organization is by invitation only of which I have the privilege of serving as President Elect of their Board…

Estate planning is important for every family for several reasons, however, it becomes critical if you have a child with a disability.
Elder Law & Estate Planning

Estate Planning for the Special Needs Family

By Amy C. O’Hara, CELA Estate planning is important for every family for several reasons, however, it becomes critical if you have a child with a disability. In creating a well thought out estate plan you can ensure your child is protected both financially and personally. Part of your plan will include designating a guardian…

SECURE 2.0 builds on the SECURE Act that was enacted in 2019 and continues to change retirement plans for individuals.
Elder Law & Estate Planning

SECURE ACT 2.0

By Joel Krooks, Esq. On December 29, 2022, President Biden signed SECURE 2.0 Act into law. SECURE 2.0 builds on the SECURE Act that was enacted in 2019 and continues to change retirement plans for individuals. Increase in the Age for Required Minimum Distributions: SECURE 2.0 increases the age individuals begin taking required minimum distributions…

Beginning January 1, 2023, New York State will increase its asset and income limits for Disabled, Age 65+ and Blind (DAB) Medicaid applicants and recipients seeking long-term care benefits.
Elder Law & Estate Planning

New York Medicaid Increases the Asset and Income Limits in 2023

By Brian L. Miller, Esq. Beginning January 1, 2023, New York State will increase its asset and income limits for Disabled, Age 65+ and Blind (DAB) Medicaid applicants and recipients seeking long-term care benefits. Changes to Asset Limits: For both community and nursing home Medicaid applicants and recipients, the available asset limit will increase to…

Many questions arise on the efficacy and implementation of the Mayor’s new directive.
Elder Law & Estate Planning

Understanding NYC’s Directive on Involuntary Treatment for Individuals with Mental Illness

By Nicholas N. Khayumov, Esq. On Tuesday, November 29, 2022, Mayor Eric Adams issued a directive to give the police increased authority to assist the rising homeless population in New York City who have apparent mental health issues and are not receiving adequate treatment. According to news reports, the city has seen an increase in…

The legislation is intended to support older LGBTQ adults as they often have great social needs
Elder Law & Estate Planning

New Legislation Strengthens Support For Older LGBTQ New Yorkers

By Brian L. Miller, Esq. Legislation was recently signed into New York State law broadening the term “greatest social need” as it pertains to the Older Americans Act of 1965 (“OAA”). The OAA is a Federal Act established authority for the federal government to make grants to states for community planning and social services, research…

The Center for Medicare & Medicaid Services (CMS) recently announced that there will be a decrease in the cost of monthly premiums for Medicare Part B in 2023
Elder Law & Estate Planning

Medicare Fees to Decrease in 2023

By Brian L. Miller, Esq. The Center for Medicare & Medicaid Services (CMS) recently announced that there will be a decrease in the cost of monthly premiums for Medicare Part B in 2023. Monthly premiums for Medicare Part B, which covers routine doctor visits and outpatient care, is scheduled to decrease by 3%. Currently, the…