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2024 Back to School Checklist
By Arshi Pal, Esq. The start of the new school year can be a bittersweet time for parents and students. Many will be excited for the new opportunities and lessons during the school year, whereas others may be sad to wave summer break goodbye. As children soak up the last few days of summer, parents…
Understanding the Pitfalls of Medicaid’s Homestead Exemption
By: Nicholas N. Khayumov For many individuals, their home is their most cherished asset. Whether it’s a co-op apartment, condo, or house, it often represents a lifetime of memories and is at times their most valuable investment. As people age, ensuring that the value of their home is preserved and passed down to their loved…
New York State Graduation Requirements, Change is on the Horizon
By Arshi Pal, Esq. While New York currently offers students with disabilities a significant amount of flexibility, including safety net options, to achieve a local diploma, there are still many inequities. For example, if a school district designates a student as eligible for alternate assessments due to severe cognitive disabilities, the student can only receive…
Recent Federal Guidance Dispels Myths on Assistive Technology for Students with Disabilities
by Marion M. Walsh Assistive Technology can be important for all individuals with disabilities. This January, the U.S. Department of Education’s Office of Special Education Programs (OSEP) released important guidance on the importance of assistive technology (AT) devices and services for students’ meaningful access and engagement in education. AT means any item, piece of equipment,…
New York Supreme Court Overturns NYSED Decision Granting Special Education Eligibility until 22
By Marion M. Walsh, Esq. Last month, a New York state court ruled that students with disabilities in New York are not legally entitled to extended eligibility until age 22 under state law. This decision has created confusion as it goes against a July 2023 formal opinion from the Office of Counsel of New York…
Employment Advancements for Individuals with Disabilities
By Jessica A. Saio The United States Bureau of Labor Statistics recently released new data highlighting that the number of employed individuals with disabilities has hit a record high. In 2023, 22.5% of individuals with disabilities had jobs, which is an increase from 2022. Since COVID-19, more job opportunities have emerged, and benefits such as…
Three Ways to Avoid a Reduction in SSI Benefits Due to In-Kind Support and Maintenance (ISM)
This issue of The Voice® is written by fellow SNA member Rachel Trafton, Esq. of Maine Elder Law Firm LLC in Bangor, Maine. The firm focuses exclusively on the legal needs of aging Mainers and people with disabilities, including special needs planning, long-term care planning and estate and trust administration.
Attorney Trafton’s article appears in the March 2024 – Vol. 18, Issue 3 edition of Special Needs Alliance’s The Voice®.
Understanding Medicaid’s Estate Recovery Program and Proposed Legislative Changes
By: Nicholas N. Khayumov In the legal sphere of elder law, navigating the intricacies of Medicaid is often a crucial step in accessing long-term care services for clients and their loved ones. In New York, Medicaid serves as a lifeline for many individuals seeking assistance with long-term care services, whether at home or in a…
2024 ABLE Account Contribution Limit
By Joel Krooks, Esq. Individuals with disabilities can now contribute $18,000 annually to their ABLE account, an increase from the $17,000 limit in 2023. Money in an ABLE account can be used toward qualified disability expenses, which include education, housing, transportation, employment training and support, health, funeral and burial, basic living expenses and legal fees. An…
Changes to New York Medicaid Income and Asset Limits in 2024
By Brian L. Miller With the new year upon us, the New York State Department of Health has issued its updates to the allowed income and resource limits for Medicaid applicants and recipients. For new Medicaid applications submitted between January 1, 2024, seeking community Medicaid benefits, an individual is allowed to keep non-exempt resources of…