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

Changes to New York Medicaid Income and Asset Limits in 2024

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

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

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

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

17-A guardianship, a legal mechanism in New York State designed to provide protection and support for individuals with intellectual and/or developmental disabilities, has come under scrutiny in recent years.
Special Needs Planning

Striking a Balance: Examining 17-A Guardianship Practices for Individuals in Need

By Amy C. O’Hara, CELA 17-A guardianship, a legal mechanism in New York State designed to provide protection and support for individuals with intellectual and/or developmental disabilities, has come under scrutiny in recent years. Most recently, a lawsuit filed by Disabilities Rights New York has raised questions about the fairness and effectiveness of the 17-A…

Ringing in the new year brings updated estate and gift tax exemptions amounts for 2024.
Elder Law & Estate Planning

2024 Estate and Gift Tax Exemptions

By Amy C. O’Hara, CELA Ringing in the new year brings updated estate and gift tax exemption amounts for 2024. The federal estate and gift tax exemption has now risen to $13.61 million per person, allowing married couples the advantage of portability, effectively safeguarding $27.22 million from estate taxes upon death. The tax rate for…

Transferring your real property to a Revocable or Irrevocable Trust can be an effective estate planning tool to help your estate avoid probate, plan for Medicaid or to avoid an estate recovery from Medicaid.
Elder Law & Estate Planning

Transferring Real Property to Trust and Informing the Insurance Company

By Joel Krooks, Esq. Transferring your real property to a Revocable or Irrevocable Trust can be an effective estate planning tool to help your estate avoid probate, plan for Medicaid or to avoid an estate recovery from Medicaid. When the real property is transferred to a Trust, it is important to inform your homeowners and umbrella…

The reality is, in all likelihood, a child with special needs will outlive their parents. Many families are fortunate enough to have siblings’ step in and act as pseudo parents when the parents are deceased.
Guide to Being a Parent of a Special Needs Child

What Will Happen to My Child With Special Needs When I Pass Away?

By Joel Krooks, Esq. By now, we are hoping that you have read all of the blogs in the guide to being a parent of a special needs child blog series. The last blog in the series may be the most important and discusses most parents’ biggest fear. The reality is, in all likelihood, a child…

Identifying an appropriate housing solution for your loved one with a disability is a complicated and long-term project.
Special Needs Planning

Introduction to Housing Options for Adults with Disabilities

By: Sandi Rosenbaum As same-aged peers move on to college and toward independent living and financial self-sufficiency, many young adults continue to reside with their parents. For some, this is strictly a financial matter, as many young people working full time cannot afford to live on their own or are saving money toward a future…

The SSI Savings Penalty Elimination Act proposes to update SSI’s asset limits and to eliminate the program’s marriage penalties.
Elder Law & Estate Planning

What is the SSI Savings Penalty Elimination Act?

By Jessica A. Saio Social Security Income (SSI) provides money to approximately eight million people, including many individuals with disabilities, to help afford daily living. The federal government has had the same rules in place for over thirty years regarding how much money people can earn, save, and have in their bank accounts if they…

The New York State Education Department provided an opinion this summer on extending eligibility for students with disabilities until age 22.
Special Education Advocacy

NYSED Issues Opinion that Students with Disabilities Should Receive Services Until 22

By Marion M. Walsh, Esq. The New York State Education Department provided an opinion this summer on extending eligibility for students with disabilities until age 22. NYSED has finally acknowledged that a 2021 Second Circuit decision, A.R. v. Connecticut Board of Education, requires that public schools in New York provide special education and related services…

Here is some steps to take if you believe your child is facing bullying or harassment.
Special Education Advocacy

Steps to take if Your Child Faces Bullying or Harassment in School

By Marion M. Walsh As the new school year begins, parents must be vigilant to report and advocate against any bullying of their child. Student bullying and harassment can be a health risk to students and can impact their education. Bullying has increased in the past years and can have devastating and tragic consequences. For…