By Jessica Saio, Law Clerk This past December, Congress approved the ABLE Age Adjustment Act which expands eligibility for ABLE accounts by increasing the qualifying disability age from 26 to 46. This allows more individuals with disabilities to work and save money without the risk of losing government benefits. What is an ABLE Account? ABLE…

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…

by Marion M. Walsh, Esq. Preparing for back to school in September always brings hope and a sense of expectation for both students and parents.  For the 2022-2023 school year, this remains true.  However, it has been a difficult two years for students, who are still recovering from isolation during the pandemic, the adjustment to…

By Marion M. Walsh, Esq. It’s that wonderful time of year, when parents are helping their children prepare for college and sending them off.  It is also the time to adjust to a new type of parenting and advocacy.  By taking careful steps, you can ensure that you remain an effective advocate in your new capacity,…

By Sandi Rosenbaum, Special Education / Special Needs Advocate Supported decision making is now the law in New York State.  On July 26, 2022, the 32nd anniversary of the Americans with Disabilities Act, Governor Kathy Hochul signed a law creating statutory authority for supported decision making (SDM) agreements.  These agreements provide for a less-restrictive alternative…

by Sandi Rosenbaum, Special Education / Special Needs Advocate New York’s Office for People with Developmental Disabilities (OPWDD) will release its long-overdue new Statewide Comprehensive 2023-2027 Strategic plan in November 2022, following feedback and discussion.  The draft Strategic Plan has been available since Spring 2022. A plain language version is also available.  While OPWDD’s in-person public forums have…

By Amy C. O’Hara, CELA The Special Needs Alliance commends the Senate Finance Committee for unanimously approving legislation that would give families greater flexibility in choosing the remainder beneficiary of trusts established for a loved one who has a disability or chronic illness. Partners Bernard A. Krooks, a past president of the Special Needs Alliance,…

By Sandi Rosenbaum and Marion Walsh, Esq. According to new CDC data (https://www.cdc.gov/media/releases/2022/p0331-youth-mental-health-covid-19.html), in 2021, more than a third (37%) of high school students reported they experienced poor mental health during the COVID-19 pandemic, and 44% reported they persistently felt sad or hopeless during the past year. Undoubtedly, mental health needs for all increased in…

By Arshi Pal, Esq. Now that summer has started, parents may have questions about the purpose of Extended School Year  (ESY) Services and whether your child is eligible.   ESY services are services and programming provided to students with disabilities during July and August for approximately six weeks. CSE Determines Eligibility for ESY Services The Committee…

By Brian L. Miller, Esq. Recently, there have been significant changes to the New York State Medicaid programs for New Yorkers who are age 65+, blind or disabled. As discussed in our prior blogs, New York passed a law in April 2020 to implement a 30-month (two and a half year) lookback period for all…