New York Implements a Minimum Activity of Daily Living Making it Harder for Individuals to Qualify for Community Medicaid
By Brian L. Miller, CELA® In April of 2020, New York passed legislation requiring individuals applying for Community Medicaid to meet a minimum threshold of assistance or supervision with Activities of Daily Living (ADLs). The implementation of these new rules was delayed due to the COVID pandemic. Now, more than five years later, the Centers…
Back to School Basics: Review Important Student Rights as the School Year Begins
By Marion M. Walsh, Esq. Beginning the new school year brings hope and expectations and can also bring challenges. As students head back to school this year, make sure you know your child’s rights and entitlements to services. Federal and state laws protect the rights of students in school, yet many parents are unaware of…
Estate Planning in an Increasingly Digital World
By: Melissa L. Steinberg, Esq. Many pitfalls face aging Americans in an increasingly digital world. High rates of senior citizens using online financial platforms have resulted in unprecedented wealth concentrated in so-called “digital assets,” including everything from social media profiles and photographs to cryptocurrency and non-fungible tokens (NFTs). However, most Americans do not know how…
Good News for Students with Disabilities: Supreme Court Removes Heightened Standard for Section 504 and ADA Claims
by Marion M. Walsh, Esq. On June 12, 2025, the U.S. Supreme Court unanimously ruled in A.J.T. v. Osseo Area Schools that parents of students with disabilities no longer have to prove “bad faith or gross misjudgment” in connection with discrimination claims relating to their education. This is good news for students with disabilities and…
Estate Planning for Millennials and Gen Z: Why One Should Consider the Future
By: Jessica Saio When you hear estate planning, you may think it’s only for individuals who are older, wealthier, married, or have a diagnosis. If you’re young, you may think you don’t need estate planning yet. However, estate planning is for everyone, even if you are young, healthy, and just building your wealth. It’s never…
Understanding Supplemental Needs Trusts
By Joel Krooks For individuals with disabilities, maintaining access to public benefits like Supplemental Security Income (SSI) and Medicaid is essential. However, receiving an inheritance or financial gift can unintentionally jeopardize eligibility for these benefits. This is where a Supplemental Needs Trust (SNT) comes in. What Is a Supplemental Needs Trust? A Supplemental Needs Trust…
How Will Proposed Medicaid Cuts Affect Services to Vulnerable New Yorkers?
By Sandi Rosenbaum, Special Education Advocate The announcement on March 27, 2025 from HHS unveiling its “Transformation to Make America Healthy Again” indicated that President Trump’s proposed budget for the fiscal year beginning June 1, 2025 would close critical agencies serving people with disabilities, including the Administration for Community Living (ACL) and the Substance Abuse…
Questions and Answers on the Impact of U.S. Department of Education Closure for Students with Disabilities
By Marion M. Walsh On March 20, 2025, President Trump signed an executive order to dismantle the U.S. Department of Education (“ED”). ED distributes $15 billion to support students with disabilities, to states every year and oversees everything from early intervention for young children with disabilities to vocational rehabilitation, in addition to ensuring that the…
Types of SNTs: First Party, Pooled, and Third Party
By: Jessica Saio Special Needs Trusts or SNTs are an essential tool to care for children and adults with disabilities while protecting important public benefits such as Social Security and Medicaid. There are several types of SNTs, usually categorized as first party, pooled, and third party SNTs. It is important to determine which type of…
Annual Review Season: Back to the Basics
By Arshi Pal, Esq. The Individualized Education Program (IEP) is an important document that lays out the foundation for a student with a disability’s education and supports. The Committee on Special Education (CSE) must convene annually to review the student’s IEP according to the student’s needs. Annual review season is upon us. Let’s get back…