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,…

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…

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…

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®.

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…

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…

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…

By Amy C. O’Hara, CELA 17-A guardianship, a legal mechanism in New York State designed to provide protection and support for individuals with intellectual and/or developmental disabilities, has come under scrutiny in recent years. Most recently, a lawsuit filed by Disabilities Rights New York has raised questions about the fairness and effectiveness of the 17-A…

By Amy C. O’Hara, CELA Ringing in the new year brings updated estate and gift tax exemption amounts for 2024. The federal estate and gift tax exemption has now risen to $13.61 million per person, allowing married couples the advantage of portability, effectively safeguarding $27.22 million from estate taxes upon death. The tax rate for…

By Joel Krooks, Esq. Transferring your real property to a Revocable or Irrevocable Trust can be an effective estate planning tool to help your estate avoid probate, plan for Medicaid or to avoid an estate recovery from Medicaid. When the real property is transferred to a Trust, it is important to inform your homeowners and umbrella…