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Special Needs Planning

Special Needs Planning

ABLE Act Update

By: Amy C. O’Hara, Esq., Littman Krooks LLP 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…

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 LLP 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…

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.

Elder Law & Estate Planning

Changes to Social Security’s Rules May Make Obtaining Disability Benefits More Difficult

By: Arshi Pal, Esq., Littman Krooks LLP On January 18, 2017, the Social Security Administration (“SSA”) revised their Regulations with regard to the evidentiary standard Administrative Law Judges (“ALJ”) use to determine eligibility for disability benefits. The new Regulations became effective on March 27, 2017. Five Step Review Process The revised Regulations maintain a five-step…

SSI and SSDI Claims
Special Needs Planning

Recent Changes to the Listings of Impairments for SSI and SSDI Claims

By Stacy M. Sadove, Esq. The Social Security Administration (“SSA”) put forth a listing of disabling conditions that are considered severe enough to qualify an individual for a medical determination of disability for purposes of social security disability benefits (either Social Security Income “SSI” or Social Security Disability Income “SSDI”).  These conditions interfere with an…

Elder Law & Estate Planning

Holiday Reflections

By Marion M. Walsh, Esq. In this holiday season, the attorneys and staff at Littman Krooks send thanks and warm wishes to our clients for trusting us with representing your family. You inspire us each day with your tenacity and care for vulnerable loved ones. We pride ourselves in working with you to make a…

Special Needs Planning

Special Needs Trust Fairness Act Signed By President Obama

By Amy C. O’Hara, Esq. 12/14/2016 Update: President Obama signed the Special Needs Trust Fairness Act into law yesterday allowing individuals with disabilities to establish their own first party special needs trusts.  Good news!  While not much has gotten done in Washington recently, some good news to report from the beltway. Yesterday, the Senate passed…

Special Needs Trust Fairness Act
Special Needs Planning

The Special Needs Trust Fairness Act Passes

By Amy C. O’Hara, Esq., CELA® Good news!  While not much has gotten done in Washington recently, some good news to report from the beltway. Yesterday, the Senate passed the Special Needs Trust Fairness Act, which had already passed in the House of Representatives.  This Act allows individuals with disabilities, who have capacity, the ability…

Voting For Someone With Disabilities
Special Education Advocacy

Register In Time To Allow A Person With Disabilities To Vote

By Stacy M. Sadove, Esq., Littman Krooks LLP Voter registration deadlines for the upcoming Presidential election are rapidly approaching. The last day to submit voter registration in-person is October 14, 2016 to the DMV, County Board of Elections or  New York State Agency- Based Voter Registration Centers. Mailed voter registrations must be mailed/postmarked by October…