Special Needs Planning

Signed NYS Bill Now Allows Individuals with Disabilities to Establish Their Own First Party Supplemental Needs Trust to Preserve Eligibility for Government Benefits

By Arshi Pal, Esq., & Stacy M. Sadove, Esq., Littman Krooks Important Update! On August 21, 2017, Governor Cuomo signed Assembly Bill A6743, amending Social Services Law §366.  The signed legislation only adds the word “Individual” into the statute, and the changed wording will have significant implications for many individuals with disabilities. The revised law…

Elder Law & Estate Planning

Pet Trusts: Ensuring Care for Pets When You Can No Longer Care for Them

By Arshi Pal, Esq. As the summer brings warmer weather and longer days, I look forward to my evenings in the doggy park with my twins, Louie and Simba. When I get home from work there they are waiting for me to pick them up and take them to their favorite spot. I cherish the…

Employee Disability Benefit
Special Needs Planning

Transitioning Back To Work After Receiving Disability Benefits

By Stacy Sadove, Esq., Littman Krooks Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits are generally available to adults only when they cannot participate in a substantial gainful employment due to a disability. Sometimes beneficiaries want to try returning to work, but are concerned about losing their benefits. One option to transition…

New York Paid Family Leave
Elder Law & Estate Planning

What You Should Know About New York State 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…

Special Needs Planning

ABLE Act Update

By: Amy C. O’Hara, Esq., Littman Krooks The Achieving a Better Life Experience Act (the ABLE Act) became effective in New York State on April 1, 2016. The purpose of the ABLE program is to assist individuals with disabilities with saving funds in accounts to better enhance their independence and quality of life. The program…

Bernard A. Krooks

Setting Up A Special Needs Trust for a Family Member with Disabilities

By:  Bernard A. Krooks, Certified Elder Law AttorneyGenerally speaking, there are two kinds of special needs trusts. Those set up to handle money owned by the beneficiary (like a personal injury or medical malpractice settlement, for instance) are usually called first party special needs trusts.  Those set up by someone other than the beneficiary, to…

Special Needs Planning

Special Needs Fairness Act Adopted in New York State

By Alexis Gruttadauria, Esq., Littman Krooks At the end of 2016, President Obama signed the Special Needs Fairness Act into law, and this week the New York State Assembly and Senate voted to adopt the law in New York, which allows for an eligible individual to set-up his or her own First Party Special Needs…

Special Education Advocacy

Special Needs Planning and SNTs: What Should a Trust Not Pay For?

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.

Chronic and Community Medicaid in New York
Elder Law & Estate Planning

How To Ensure Your Medical Wishes Win Out

By: Alexis Gruttadauria, Esq., Littman Krooks You have your advance directives in place; you’ve designated in your Health Care Proxy and Living Will who you want making your medical decisions once you are no longer able to make them for yourself, and you’ve instructed your agent on what those decisions should be. Now what? How…

Special Education Law
Special Education Advocacy

How The AHCA Could Impact Special Education

By Littman Krooks 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…