Archive for the ‘Law and Legal Issues’ Category

Compensatory Services in the Age of COVID

Due to the COVID-19 outbreak, school districts across the country have struggled to meet their legal obligations as set forth in the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA) for students...

Avoid Mistakes with Important Legal Forms

Many individuals have wills prepared, put their copies of the will away, and don’t think about their estate plan again. However, they should review their estate plan from time to time to make sure that their will and other legal documents, such as beneficiary designation forms and trusts, comport...

Accessing Government Benefits and the “Golden Ticket”

If you are a parent of a special needs child, government benefits and legal options are often confusing - even to those who have worked with them before. You know that there are programs out there for your child, but you are not sure where to start. You may wonder what the government provides, what...

New York State Autism Insurance Law – “No one said it would be easy”

On November 1, 2011 New York State became the 29th state to require regulated health insurance plans to cover “medically necessary” services for the diagnosis and treatment of Autism Spectrum Disorders (ASD) for both children and adults. The legislation was intended to help families afford the...

The Challenge of Early Intervention Law for Children with Autism Spectrum Disorders and their Families

In the contentious world surrounding Autism Spectrum Disorders (ASD), one issue bridges the gap among researchers, parents, advocates, health and educational professionals and policymakers -- Early Intervention (Part C of the IDEA) for infants and toddlers with ASD works and provides the best...

Legal Guardianship: The Pros and Cons for Your Adult Disabled Child

What happens when your special needs child turns age 18? It’s a crucial question faced by every affected parent and family. The answer to the question, and special needs planning, means different things depending upon your state’s laws. How can you make certain you’ve done all you legally can...

What Are Your Legal Entitlements Now That Your Child Has Been Diagnosed?

The Individuals with Disabilities Education Act (IDEA) is the federal law that governs the education of children with disabilities, including developmental delays. Your child with autism has the right to a free appropriate public education under the IDEA. Each state must provide all eligible...

The Unique Legal Issues That Affect Children and Adults with High Functioning Autism and Asperger’s Syndrome

Over the last several years in our Special Needs Planning and Special Needs Advocacy practices, we have seen a significant increase in clients having a family member with high functioning Autism or Asperger’s Syndrome. Although not exhaustive, this article is intended to provide an overview of...

Funding the Special Needs Trust

Parents or guardians of a dependent with special needs are likely to be familiar with the legal document commonly known as the special needs trust. With the help of an attorney who has expertise in this area, they’ve come to understand that the purpose of the special needs trust is to provide...

Accessing and Understanding Social Security Disability Insurance and Supplemental Security Income Benefits

One of the great mysteries in American governmental programs, second only to Medicare/Medicaid, is SSDI and SSI. While they are wonderful programs, keep in mind Congress implemented them – hence the confusing names and acronyms. I leave it to others to ponder if the confusion was on purpose or...