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Special Needs Planning
Proposed Legislation Would Weaken Americans with Disabilities Act
By Littman Krooks Since 1990, the Americans with Disabilities Act (ADA) has provided strong protections to people with disabilities, vastly improving the accessibility of buildings. Stores, restaurants and other businesses built ramps and made other accessibility changes because the law required the changes and the owners knew that courts would hold them accountable for violations.…
ABLE Accounts: What You Need to Know
By Ryan J. Byrnes, Esq., Littman Krooks The purpose of the ABLE program is to assist individuals with disabilities with saving funds in accounts to better enhance their quality of life. The program is intended to supplement, not supplant, government entitlements, such as Medicaid and SSI. Distributions from the account can be used to pay…
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…
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…
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…
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…
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 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 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.
Changes to Social Security’s Rules May Make Obtaining Disability Benefits More Difficult
By: Arshi Pal, Esq., Littman Krooks 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 analysis…
